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Lawyers Nomination For Supreme Court Sparks Controversy

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To qualify for appointment to the bench of the Supreme Court of Nigeria, the fellow must be a legal practitioner of not less than 15 years. The same applies to whoever is to be appointed as the Chief Justice of Nigeria.
Section 231 subsection (3) of the 1999 Constitution as amended distinctly states: “A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.”
The above provision opened up the window for any legal practitioner who has practised for not less than 15 years to be appointed as a Justice of the apex court. And that is exactly what the proponents of the argument for the appointment of members of the Bar straight into the Supreme Court capitalised on, in supporting their position.
Just recently, their crusade got the ears of the acting Chief Justice of Nigeria, Walter Onnoghen who wrote to the Nigeria Bar Association (NBA), requesting that it nominates eligible  members of the Bar for consideration into the apex court bench. He also gave them a short notice within which to comply with the notice.
The NBA in response, quickly forwarded names of nine eligible candidates to the acting Chief Justice of Nigeria (CJN) and Chairman Judicial Service Commission (JSC), Justice Onnoghen, for appointment as Justices of the Supreme Court.
According to the NBA, the short-listing followed a rigorous selection process done by a  committee chaired by the president of the NBA, Abubakar Mahmoud (SAN), with eight other eminent lawyers as members.
Among the candidates nominated were former President of the NBA, Dr. Olisa Agbakoba (SAN), Anthony Ikemefuna Idigbe (SAN), Yunus Ustas Usman (SAN), Babatunde Fagbohunlu (SAN), Miannaya Aja Essien (SAN), Awa Uma Kalu (SAN), Professor Awalu Hamish Yadudu, Tajudeen Oladoja and Ayuba Giwa.
The above-mentioned applicants were short-listed from a total of 89 expressions of interest that were scrutinised.But this action has already open up the hornets nest. A group of lawyers led by the octogenarian activist, Pa Tunji Gomez have in protest written to the acting CJN, expressing  their disapproval of the nominations and asking for its cancellation for not following due process.

In the letter, dated February 15 and addressed to the acting CJN, the lawyer said members of the Lagos NBA present at their meeting held on February 13, ‘overwhelmingly opposed the said nomination of lawyers for appointment as Supreme Court Justices.’

According to him, their grouse is that ‘due process’ was not followed in the nomination. They also complained that the procedure used was arbitrary and contrary to established procedure in appointing judges.

“The members present disapprove of the undue haste with which the nomination and recommendation was done. The period of three days given to interested lawyers to indicate their interest in the Supreme Court posts is to say the least, a farce and an unusual and unwarranted haste which to them, portray a predetermined agenda, because the procedure of appointing a High Court judge takes weeks, with full consultation of judges and the Bar for their input in the exercise. How is it then that the nomination of lawyers to the Supreme Court, the apex court in the land was limited to three days,” he queried.

He also argued that the appointment raised vital fundamentally issues affecting the profession and the judiciary. He asked whether such action would not indirectly declare justices of the appeal court as unfit or unknowledgeable enough to be elevated to the apex court?

“This is an unfair, demeaning and unjustifiable treatment of appeal court justices, some of whom have spent decades in the judiciary from high court to the appeal court only to be told that a lawyer who has not held any judicial post is preferable. This is unfair, disheartening and a slur on the efficiency of the court of appeal,” he stated, adding that it might affect their dedication, morale and commitment as there is no guarantee of their promotion to the Supreme Court since lawyers can be appointed from the Bar.

The Bar leader argued that there have only been two of such appointments since independence and that it happened under the military rule as exceptions. To now make it a rule that lawyers should be appointed straight to the Supreme Court, he said, is dangerous to the profession and the judiciary.

“It will create the wrong impression which is inimical to the interest of the profession that any SAN is better than a High Court judge and more knowledgeable, as a judge of the High Court cannot be automatically appointed to the Supreme Court, whereas a SAN can be so appointed if this nomination is allowed to become the order of the day,” he stressed.

Notwithstanding his position and that of his group, some eminent Nigerian lawyers have continued to praise the nomination, saying such is a welcomed development.

The senior lawyers whose views were sought by The Guardian said the development would improve scholarship, legal reasoning and judgments at the apex court and ultimately Nigerian judiciary, adding that the blend of regular Justices with those from the Bar would enrich adjudication at the apex level.

Chief Afe Babalola (SAN), said there’s nothing wrong in the appointment, adding that in Britain, only those who are Queen’s Counsel (QC), an equivalent of SAN are appointed into the high courts.
“Personally, I do not see anything wrong with appointing a practising lawyer into the Supreme Court of this country; there is nothing wrong with it at all. The practice in England is that only Queens Counsel that are appointed as even judges. It is in this country that members of the lower bench like magistrates and so on become judges.
“The reason a seasoned practising lawyer is a better judge is because he has seen it all. He has interacted with the clients and the courts and he knows the courts than a lawyer who left the law school and is appointment a junior magistrate and rises from that position up to the Supreme Court.

“There is no time that such a fellow has interacted with clients as a litigation lawyer. It is the experience and weight of the submissions of a lawyer that makes a judge to write a beautiful judgment. Therefore, if you appoint sound lawyers into the bench, they will always turn out better judges. I have always advocated that we should copy what they are doing in England. Now that they have listened, it’s all well and good,” he stated.

Constitutional lawyer, Sebastine Hon (SAN) said its a good development. “The constitution has provided the minimum qualification for appointment into the Supreme Court bench. Once anybody attains 15 years in active legal practice, together with other requirements, he qualifies. The new hierarchy of the Supreme Court is trying to comply with the provisions of the constitution.
“The appointments will definitely bring a fine blend between establishment justices and the private practitioners who are coming from outside. It will better the cause of justice in my own estimation,” he said.

Prof. Taiwo Osipitan (SAN) said it is the right step in the right direction. According to him, the judiciary has not had it so in a long while after the exit of late Justice Teslim Elias and Augustine Nnamani who were appointed straight from the Bar. “I believe that if their nomination is confirmed and they are appointed into the Supreme Court bench, they will do wonders like the Elias and Nnamani’s of this world. I welcome it wholeheartedly,” he declared.

Similarly, Ilorin based lawyer, Yusuf Ali (SAN) described it as a welcomed development. “It is always good to inject new ideas and perspectives to issues. We are applauding it because it is good for the judiciary and our country in general. Their presence will enrich the apex court, “ he said, adding that because those nominated are men of upright character, they would recuse themselves whenever there are clash of interests without being told.

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Rivers Assembly Approves Fubara’s 2026–2028 MTEF

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The Rivers State House of Assembly has approved the 2026–2028 Medium Term Expenditure Framework (MTEF) submitted by Governor Siminalayi Fubara.

 

This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.

 

The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.

 

Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.

 

Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.

 

He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.

 

The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.

During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.

 

The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.

 

Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.

 

Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.

 

The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.

 

According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.

 

Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.

 

The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.

 

King Onunwor

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Fubara Reaffirms Commitment To Blue Economy, Private Sector Growth  …Calls For Protection Of Marine Resources

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The Rivers State Government has reaffirmed its commitment towards fostering private sector-driven economic growth and harnessing the vast opportunities within the blue economy to drive national development.

 

Rivers State Governor, Sir Siminalayi Fubara, made this known during the opening ceremony of the 2026 Annual General Meeting and Conference of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), held in Port Harcourt, last Thursday.

 

Represented by his deputy, Prof. Ngozi  Odu, Governor Fubara described the conference theme, “The Gulf of Guinea and Blue Economy: Pathways to Trade, Investment and Security Towards a $1 Trillion Economy,” as both timely and strategic.

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?The governor  welcomed the leadership of NACCIMA, delegates from the 115 Chambers of Commerce across Nigeria, members of the diplomatic corps, captains of industry, investors, and other distinguished guests to Rivers State.

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?He commended the National President of NACCIMA, Engr. Jani Ibrahim, for choosing Rivers State as the host of the 2026 conference, noting that the decision had drawn national attention to the immense economic opportunities embedded in the blue economy.

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?Fubara stated that the blue economy possesses the capacity to generate revenue that could surpass earnings from the oil and gas sector if properly developed and managed.

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?He stressed the need for Nigeria and other countries along the Gulf of Guinea to take deliberate steps toward maximizing the benefits of their maritime resources while guarding against the continued exploitation of coastal assets by foreign operators.

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?Expressing concern over the activities of foreign fishing trawlers operating in Nigerian waters, the governor noted that many harvest seafood resources without making meaningful economic contributions to the country.

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?He emphasized the need for stronger monitoring mechanisms and enhanced protection of Nigeria’s marine resources.

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?”We must wake up and hit the ground running. If we do not capitalize on and utilize our blue economy, other nations will utilize it for us,” he stated.

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?The governor thanked NACCIMA for what he described as a timely wake-up call on the importance of the blue economy and maritime security, adding that the successful hosting of the conference in Rivers State demonstrates the state’s safety, hospitality, and readiness for business and investment.

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?Earlier in his remarks, the President of NACCIMA, Engr. Jani Ibrahim, expressed appreciation to the Rivers State Government for hosting the 66th Annual General Conference of the Association and for the warm reception accorded delegates.

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?He noted that the state’s commitment to hosting the conference reflects its readiness for business and has helped restore investors’ confidence in its economic potential.

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?According to him, NACCIMA highly values the cordial relationship between the Rivers State Government and the organized private sector, emphasizing that the association remains the foremost voice of the Nigerian business community.

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?In her welcome address, the President of the Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, described the conference as a historic milestone, noting that it was the first time in the Chamber’s 66-year history that it was hosting the national body of NACCIMA.

Nwoga commended the national leadership for entrusting PHCCIMA with the hosting rights and pledged the Chamber’s continued commitment to advancing the objectives of the association and promoting sustainable economic growth through private sector engagement.

 

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Fubara Seals Off Collapsed Building Site, Orders Investigation

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Rivers State Governor, Sir Siminalayi Fubara, has ordered a complete seal-off of the site of a  five-storey building which collapsed last Wednesday, killing one person and injuring several others in Port Harcourt.

 

Fubara gave the order during his visit to the site of the collapsed building last Thursday to assess the situation.

 

He said the site will remain “completely sealed off” until the  government gets to the “root cause” of the incident.

 

He described the incident as unfortunate but observed that preliminary investigation had shown that the developer had earlier refused  to subject his site to inspection by the state authorities and comply with the necessary  building regulations.

 

The governor, who inspected the site alongside the Commissioner for Physical Planning and Urban Development, Sir Amairigha Edward Hart, and the Permanent Secretary of the Ministry of Special Duties, Dabite Sokari George, explained  that he couldn’t visit the  site the previous day because he was awaiting formal briefing from the relevant agency of government on the situation.

 

“We’re here to see for ourselves the very unfortunate incident that took place here.  I didn’t come yesterday because I wanted to get the report first, and the Commissioner did brief me that the incident site, first, is not as claimed by the developer, that it’s not under the jurisdiction of the state; that it’s under the jurisdiction of the Federal Housing Authority.

 

“He also informed me that when the project was ongoing, they came here severally to inspect what  was happening and also to see the level of compliance. But unfortunately, that the developer kept claiming that we don’t have any right to interfere,” he said.

 

Fubara said that the issue was no longer about interference but about the life lost to the building collapse and the collateral damage brought upon the family of the deceased.

 

He extended condolences to the families of the victims, insisting that the incident could have been avoided if the developer had complied with the rules guiding  the  engineering design and construction of such a structure in the 21st century.

 

“We feel very sorry and very regretful that such an incident should be happening in this 21st century because technology has advanced, engineering has developed. I wonder what kind of engineer would even allow this kind of project to go on when everything about it from inception has been faulty.

 

“I think that at this point, nothing is going to happen on this site any more. We are going to make sure that this place is completely sealed off until we get to the root cause of this incident,”  the governor said.

 

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