Appointment of Chief Judge of Rivers State: The Law As It Is by Hope Azinuchi Azeru-Oziri

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Hope Azinuchi Azeru-Oziri

27th March, 2021


The National Judicial Council (NJC) under the chairmanship of the Chief Justice of Nigeria, Tanko Muhammad, had at its 94th meeting held on 17 and 18 December, 2020, considered the list of candidates presented by its Interview Committee and resolved to recommend Hon. Justice Simeon C. Amadi for the position of Chief Judge of Rivers State to the Governor of Rivers State, His Excellency, Chief Barr, Nyesom Ezenwo Wike. The release of the name of Hon. Justice Simeon C. Amadi as the next Chief Judge of Rivers State upon the retirement of Hon. Justice Adama Iyayi Lamikanra has raised a lot of reactions from lawyers, political analysts, human rights activists, local communities and tribal groups.

 Hon. Justice Joy Akpughunum of the Rivers State High Court would be the most senior judge upon the retirement of the current Chief Judge. It has been the tradition in the history of the legal profession to appoint the most senior Judge or Justice to the position of Chief Judge, President of the Court of Appeal and Chief Justice of Nigeria as the case may be. However, the primary law that regulates the appointment of judicial officers is the 1999 Constitution of the Federal Republic of Nigeria as amended.

Section 271 of The 1999 Constitution (as amended) is the grundnorm and only law that regulates the appointment of a Judge and Chief Judge of a State.The above section provides as follows:

(1)     The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State.

 

(2)    The appointment of a person to the office of a judge of a High Court shall be made by the Governor of the State acting on the recommendation of the National Judicial Council.

(3)    A person shall not be qualified to hold office of a judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4)    If the office of Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.

In summary, the following are the criteria for the exalted position of a Chief Judge:

1.     The appointment shall be made by the Governor of a State.

2.     The recommendation for such appointment must emanate from the National Judicial Council.

3.     The appointment is subject to confirmationby the House of Assembly.

4.     The person must be qualified to practice as a legal practitioner in Nigeria.

5.     The person must be qualified to practice as a legal practitioner in Nigeria for a period not less than ten years.

The provisions of Section 271 of the Constitution is unambiguous, as such, the literal interpretation of a status would do. Any attempt to apply the mischief rule to the interpretation of the above section, would amount to guess work. The interpretation of the Constitution should be governed by the real intent of the law makers. It is not a mistake or a typographical error that the phrase ‘most senior judge’ was not stated in Section 271 (1). Seniority at the Bar, a tradition in the legal profession cannot override the provisions of the Constitution because by virtue of Section 1, The Constitution is supremeand its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

Motive of the Governor of Rivers State is irrelevant so long as he confined himself to the provisions of the law. In Nigeria legal jurisprudence, motive has never been considered an issue. The issue of appointment of a Judge or Chief Judge is purely a constitutional matter; therefore, motive, sentiment and politics have little or no role to play.

Recommendations

1.     The Constitutions should be amended to incorporate the long standing tradition or slogan of the legal profession called “Seniority in the Bar”.

2.     Power to appoint a judicial officer should be vested in an independent body.

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