Stakeholders divided over reform of judges’ appointment process

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Key stakeholders in the nation’s justice system including Vice President Yemi Osinbajo (SAN), Senate President, Sen. Ahmed Lawan, Speaker Femi Gbajabiamila, the Chief Justice of Nigeria and leading law scholars at the weekend agreed on the need to review the appointing process of judges in the country.

The occasion was a virtual roundtable organised by the Justice Research Institute (JRI) themed “Selection and Appointment of Judges: Lessons for Nigeria”

The roundtable is one of the Law and Policy series of JRI.

It is an open-access forum that features leading scholars, policy makers, amongst other stakeholders.

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The Chair of the Judicial College, Royal Courts of Justice, Dame Anne Rafferty, set the ball rolling when she spoke about the United Kingdom’s Judicial Appointing Committee (JAC) and its procedures for appointment of judges in her keynote address.

She said the process is very competitive, rigorous and reflects the diversity of the country.

According to her, JAC is composed largely by non-legal practitioners and chaired by a surgeon.

Vice President Yemi Osinbajo said Nigeria’s judges’ appointment procedure though very similar but a little different from that of the UK is okay but that that there is a need to urgently reform it in such a way that federal character is done away with while merit becomes the main consideration in the appointment of judges.

Osinbajo’s view provoked a hot debate among other stakeholders in the nation’s justice system with some in his support and others in support of the status quo.

For instance, the Senate President, Ahmed Lawan subtly disagreed with Osinbajo, as he emphasized the need for appointments to higher courts in the country to be based on competence and federal character as entrenched in the constitution.

On his part, the Speaker of the House of Representatives, Hon. Femi Gbajabiamila, advocated for the adoption of a hybrid system that takes into account procedures in other countries, in order to ensure that both the integrity and fair representation are considered in judges’ appointment.

Other justices from the Supreme Court and Court of Appeal also spoke at the webinar.

For instance, Justice Amina Augie, said developing and maintaining a database of persons of competence and proven integrity will resolve issues surrounding incompetence and federal character in the appointment of judges.

In the same vein, Justice Joseph Oyewole, who stood in for the President of the Court of Appeal, Justice Monica Dongban-Mensem, supported the view that all appointments should be merit based, aside other considerations.

Contributing, the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad described as apt the topic of the webinar, noting that the National Judicial Council will support suggestions about reforms that ensure effective dispensation of justice in Nigeria, including the appointment of judges to various courts in the country.

Other speakers at the forum include, the Chief Justice of Ghana, Hon. Justice Kwasi Anin Yeboah who was represented by Justice Samuel Marful-Sau; international anti-corruption activist, Prof. Patrick Lumumba; and the Managing Partner, Olaniwun Ajayi LP, Prof. Koyinsola Ajayi, SAN.

The webinar was moderated by Mr Osaro Eghobamien, SAN, Managing Partner, Perchstone and Graeys; and Prof. Ayo Atsenuwa, Professor of Law, University of Lagos.

(NOTG)

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