The National Judicial Council (NJC) of Nigeria at its 103rd meeting held on 13th and 14th of July 2023 settled the issue of order of seniority of High Court judges in Kebbi State.
The council also recommended Hon. Justice Umar Abubakar, as the substantive Chief Judge of Kebbi State.
In a letter dated July 14, 2023, and signed by the Chief Justice of Nigeria and Chairman of the NJC, Hon. Justice Olukayode Ariwoola, GCON, with number NJC/S.20/HC. KB/11/1/238, the council made the following conclusions:
1. that under section 10 of the existing High Court Law of Kebbi State, 1996, the Governor of the state has the power to determine the seniority of judges and the NJC has no power to override or reverse the decision made by the Governor.
2. that despite the fact that the appointments of Hon. Justice Umar Abubakar and Justice Abbas Ahmad came the same date in 2007, with Justice Abbas Ahmad being called to the bar in 1984 and Hon. Justice Umar Abubakar in 1991, the NJC accorded Hon. Justice Umar Abubakar seniority in compliance with Kebbi State Law and for other reasons.
3. that the Kebbi State Official Gazette provided by Hon. Justice Umar Abubakar demonstrates that he was granted seniority by the Governor in accordance with section 10 of the High Court Law of Kebbi State, 1996.
4. Henceforth, in situations where two or more Judicial Officers are appointed in Kebbi State, the order of seniority will be determined by the Governor, regardless of who was called to the bar first.
5. The office of a Head of Court or Chief Judge is a political appointment to be decided by the Governor of the state.
6. In addition, the council has recommended Hon. Justice Umar Abubakar as the substantive Chief Judge of Kebbi State. He is advised to promptly forward a request to the Governor for his confirmation as the Chief Judge as the council decided to grant a waiver for interview considering the long period over which he was in acting capacity in order to avoid acrimony in the process of appointment.
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