*Regardless of call to the Bar date
The National Judicial Council’s (NJC) recent handling of the appointment of a Chief Judge in Kebbi State has sparked concerns among legal circles and citizens alike.
The council’s decision, outlined in a letter from the Chief Justice of Nigeria (CJN), has raised questions about the balance of power between the NJC and the state’s Governor.
Under the existing High Court Law of Kebbi State, section 10 grants the Governor the authority to determine the seniority of judges. This constitutional provision has recently come to the forefront as the NJC clarified that it lacks the power to override or reverse the Governor’s decisions in this matter.
This assertion by the NJC has stirred debates about the independence of the judiciary.
Critics argue that allowing a state’s Governor to unilaterally determine the seniority of judges could potentially compromise the impartiality of the legal system. Concerns have been voiced that such a system might allow political considerations to influence judicial appointments, undermining the principle of a fair and transparent judiciary.
The NJC’s letter also introduces a new protocol for the appointment of Judicial Officers.
The letter states that, moving forward, the order of seniority for such appointments will be solely determined by the Governor, irrespective of who was called to the bar first. This approach has triggered discussions about fairness and meritocracy within the legal profession.
legal practitioners and activists have expressed the need for checks and balances to ensure that the appointment process remains transparent and unbiased. They argue that while the Governor may play a role in appointments, it’s crucial to maintain a level of oversight to prevent potential abuse of power.
As stakeholders continue to analyze the implications of the NJC’s decision, the case is highlighting the delicate balance between the autonomy of the judiciary and the involvement of political figures in judicial appointments. The outcome of this situation in Kebbi State could potentially set a precedent for how such appointments are handled in other states across Nigeria.
Meanwhile, the controversy that unfolded in Gombe State in 2021, where the appointment of its chief justice triggered similar concerns, demonstrates the broader implications that such decisions carry within Nigeria’s legal realm. This particular situation intensified debates about the influence of governance on the judiciary’s independence and highlighted the need for transparent processes in appointments to ensure the credibility and autonomy of the legal system.
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