The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad has included lawyers among those to be considered in the next round of appointments as Justices of the Supreme Court.
Muhammad, who doubles as chairman, Federal Judicial Service Commission (FJSC), announced this in a January 19, 2022 letter to the Nigerian Bar Association (NBA).
According to the letter, six suitably qualified lawyers only would be selected from a pool of applicants from five of the country’s geopolitical zones.
They would fill six present or future vacancies on the apex court bench.
There are currently 16 justices on the Supreme Court bench, out of a maximum of 21, with some of them expected to retire soon.
Apart from the South-East that will get two slots, and the North-East which is excluded, the other zones would get one slot each.
The contents of the CJN’s letter were stated in a February 7, 2022, statement to lawyers signed by the Chairman, NBA Judiciary Committee, Dr. Babatunde Ajibade, SAN.
In the NBA’s statementby its Publicity Secretary, Dr. Rapulu Nduka, last Saturday, the CJN called for the nomination of suitably qualified persons for appointment to the Supreme Court of Nigeria to fill the “present or imminent vacancies.”
The CJN’s proposal responds to years of pressure by stakeholders, particularly the Body of Senior Advocates of Nigeria (BOSAN), for its members and distinguished academics to be appointed to the topmost echelon of the nation’s Judiciary.
The proposal was not implemented by successive CJNs since the tenure of Justice Mohammadu Uwais who served between 1995 and 2006.
Since independence, the last two apex court justices to have been appointed from the bar were ex-CJN Justice Teslim Elias in 1972 and Justice Augustine Nnamani in 1979.
The NBA statement reads:”Dear colleagues, RE: APPOINTMENT OF SIX (6) JUSTICES FOR THE SUPREME COURT BENCH: CALL FOR EXPRESSIONS OF INTEREST.
“The Chief Justice of Nigeria and Chairman, Federal Judicial Service Commission has by a letter dated 19th January, 2022, called for the nomination of suitably qualified persons for appointment to the Supreme Court of Nigeria to fill six present or imminent vacancies.
“Members of the Nigerian Bar Association (NBA) from the geopolitical zones listed above who are suitably qualified and are interested in applying for an appointment to the Supreme Court Bench are enjoined to submit an expression of interest to the National Secretariat of the NBA on or before 21st February, 2022,” it said.
The statement directed lawyers to address their interest letter to the NBA president and that it should include the following:”A copy of the applicant’s Curriculum Vitae; A copy of the applicant’s Call to Bar Certificate; Evidence of payment of Bar Practicing Fees (BPF) for the past 10 years; Evidence of payment of NBA Branch Dues for the past 10 years; Evidence of attendance at conferences of the NBA; Evidence of membership of Sections or Fora of the NBA; Judgments delivered in contested cases the applicant conducted in the five years preceding 2022 certified by competent authorities for Legal Practitioners in Private Practice.
“It should also include A letter of good standing from the Chairman of the applicant’s Branch confirming that he or she possesses the qualities set out in Rule 4(4)(1)(a), (b) and (d) of the NJC’s Guidelines for the Appointment of Judicial Officers for Superior Courts of Record,” it said.
According to the guidelines, the qualities are ‘a) Good character and reputation, diligence and hard work, honesty, integrity and sound knowledge of the law and consistent adherence to professional ethics; as maybe applicable: ‘b) Active successful practice at the Bar, including satisfactory presentation of casesin Court as a Legal Practitioner either in private practice or as a Legal Officer in any Public Service;”d) Credible record of teaching law, legal research in a reputable University and publication of legal works …”
The statement added that upon receipt of the expressions of interest, the National Secretariat shall publish the names of the interested candidates and request comments thereon from members of the NBA.
As part of proposed reforms in the administration of the justice system, the NBA, in 2017, forwarded the names of six Senior Advocates of Nigeria (SANs) and three other lawyers to then-Acting CJN, Justice Walter Onnoghen for consideration for appointment as Supreme Court Justices.
Then NBA President, A.B. Mahmoud, had in a letter sent to the e-mails of all registered lawyers invited applications from suitably qualified legal practitioners to be appointed to the Supreme Court as provided in Section 231(3) of the Constitution of Federal Republic of Nigeria (as amended).
The section provides that: “A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period not less than 15 years.”
Consequently, nine silks were shortlisted by the umbrella body of lawyers from 89 Expressions of Interest that were received.
The nominees were – Olisa Agbakoba (SAN); Anthony Idigbe (SAN); former Abia Attorney-General and Commissioner for Justice Prof Awa Kalu (SAN); Yunus Usman (SAN) and Babatunde Fagbohunlu (SAN).
Others are Miannayaaja Essien (SAN) (1985, Rivers); Prof. Awa Kalu (SAN) (1978, Abia); Prof Awalu Yadudu (1979, Kano), Tajudeen Oladoja (1985, Kwara) and Ayuba Giwa (1983, Edo).
But the proposal did not sail through before Onnoghen’s exit.