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Judicial Appointments: Progress Made
For decades, Nigeria has grappled with the challenge of restoring public trust and integrity within its judicial system. Recent developments suggest a promising shift, particularly with the National Judicial Council's (NJC) decision to incorporate public input into the appointment of judges. This move is widely seen as a significant step towards greater transparency and accountability.
The Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, underscored this commitment during the 108th meeting of the Commonwealth Magistrates and Judges’ Association Triennial Conference in The Gambia. She announced that the NJC has initiated a policy requiring the publication of names of individuals seeking or nominated for judicial positions.
This policy aims to foster public participation in the selection process. It allows citizens and relevant stakeholders to contribute information, voice concerns, and offer endorsements, all of which will be considered as part of the appointment criteria.
Enhancing Transparency in Judicial Appointments
According to the CJN, this policy is specifically designed to "introduce an additional layer of transparency into judicial appointments by ensuring public participation in the process." The hope is that this will lead to a more robust and credible judiciary.
Globally, judicial appointments typically fall into three main categories: appointment, examination, and election. Nigeria has historically relied on the first two methods, with varying degrees of success. This new initiative represents a potentially valuable addition to the existing framework.
The NJC, under the leadership of Kekere-Ekun, is being lauded for introducing this innovation, which many believe could significantly improve the delivery of justice to Nigerian citizens.
Global Approaches to Judicial Selection
Other countries employ diverse methods for selecting judges. For example:
- Bolivia, Mexico, Switzerland, Japan, and the United States: These nations utilize popular and/or parliamentary votes to elect their judges.
- Mexico: This year, Mexico introduced the election of all its judges, including Supreme Court Justices, through popular vote.
While direct election of judges, particularly through electronic means, might be considered an ideal approach by some, the Nigerian model represents a substantial advancement. However, its success hinges on the NJC's ability to ensure complete transparency throughout the process.
Kekere-Ekun faces the challenge of fully implementing and solidifying this new approach to judicial appointments.
Addressing Systemic Issues in the Nigerian Judiciary
The need for judicial reform in Nigeria is long overdue. The system has been plagued by issues such as:
- Corruption, including bribery.
- Miscarriage of justice.
- Contradictory judgements from courts of equal standing.
- Age falsification among judicial officers.
Historically, individuals lacking the necessary qualifications have been promoted or selected based on political connections, familial ties, or other inappropriate considerations.
Past elections have highlighted the judiciary's challenges. For example, the EU Election Observation Mission characterized the 2007 election as deeply flawed. Even the President-elect at the time, the late Umaru Yar’Adua, acknowledged the election's lack of transparency. Despite these concerns, the Supreme Court upheld the election results.
Past Efforts at Judicial Reform
Prominent legal activist Femi Falana noted in a recent interview that the Olusegun Obasanjo administration, acting on the recommendation of the NJC based on a report by the Kayode Eso Panel (established in 1994), dismissed 47 judges. Falana added that at least 20 judges, including justices of the Court of Appeal, have been removed from their positions in the past 25 years.
The late Eso, a respected jurist and former Supreme Court Justice, lamented the presence of "billionaire judges" within the Nigerian court system.
In 2016, the NJC dismissed three justices of the Court of Appeal for violating the Code of Conduct for judicial officers. In 2024, the NJC recommended the removal of two judges for age falsification.
Nigerian courts have also been criticized for dismissing cases based on minor technicalities, often obstructing justice.
For instance, a senator and former governor, Orji Kalu, had his 12-year sentence for N7.1 billion fraud overturned because the trial judge had been promoted to the Court of Appeal and therefore lacked jurisdiction when he concluded the case at the Federal High Court.
A 2019 survey by the UNODC and the NBS revealed that 20% of individuals who interacted with the Nigerian judiciary reported being asked for bribes.
In 2022, the Supreme Court's decision to declare a former Senate President, Ahmad Lawan, and a former governor of Akwa Ibom State, Godswill Akpabio, as winners of legislative elections was met with controversy. Both had been presidential candidates in the APC 2023 primary election and could not simultaneously be candidates in the party's primaries for the National Assembly elections.
Exemplary Figures in Nigerian Jurisprudence
Despite these challenges, the Nigerian judiciary has produced outstanding justices and lawyers who have demonstrated integrity and delivered landmark judgements. These figures include:
- Chukwudifu Oputa
- Kayode Eso
- Samson Uwaifo
- Gani Fawehinmi
- Alao Aka-Bashorun
These individuals are remembered for their commitment to justice and their rejection of corruption. Nigerian judges like Demola Bakre are also serving with distinction in other jurisdictions, such as the Caribbean. The new policy aims to cultivate a new generation of jurists who emulate these exemplary figures.
Ultimately, ensuring justice is a collective responsibility. All stakeholders must work together to create a just and equitable Nigeria.
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