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A2J urges AGF to halt appointment of judges over constitutional, procedural flaws

Access to Justice (A2J) has appealed to the Attorney General and Minister of Justice, Lateef Fagbemi (SAN) to advise President Bola Tinubu against appointing judges recommended by the National Judicial Council (NJC) over alleged violation of constitutional and procedural rules.

FAGBEMI-(Newsfeature)-25-11-2023
Prince Lateef Fagbemi, SAN
Prince Lateef Fagbemi, SAN
Prince Lateef Fagbemi, SAN

Access to Justice (A2J) has appealed to the Attorney General and Minister of Justice, Lateef Fagbemi (SAN) to advise President Bola Tinubu against appointing judges recommended by the National Judicial Council (NJC) over alleged violation of constitutional and procedural rules.

In a letter to the AGF dated May 17, 2024, the Convener, A2J, Mr Joseph Otteh, raised alarms over recent judicial appointments recommended by the NJC to the President.

The complaint focuses on alleged violations of the Nigerian Constitution and established guidelines in the selection process of judges for the High Court of the Federal Capital Territory, Abuja (FCT High Court).
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Otteh said that the Judicial Service Committee (JSC) of the FCT Judiciary allegedly ignored the principle of federal character mandated by Section 14(3) of the 1999 Constitution, ensuring equitable representation from all states.

According to the convener, the Chief Judge’s nominations excluded states like Ebonyi and Abia but included Oyo and Kogi, already represented in the FCT High Court.

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The group also condemned the controversial consideration of Justice Buetnaan Mandy Bassi, a serving judge in the Plateau State High Court, for an FCT High Court position.

This move allegedly contravenes constitutional norms, as a sitting judge cannot be appointed to another high court without first resigning from their current position.

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“There are also accusations of nepotism involving close relatives of high-ranking judicial figures being recommended for the FCT High Court. These recommendations have sparked public distrust and speculations about the integrity of the judicial appointment process,” A2J said.

They criticise the judiciary’s lack of transparency and accountability, citing instances where courts dismissed public interest litigation challenging judicial irregularities on technical grounds like locus standi.

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They urged the Attorney General to advise the President to decline the current NJC recommendations tainted with alleged illegalities and nepotism.

They also called for judicial review to scrutinise the appointment process and ensure compliance with constitutional and legal standards.

The group stressed the urgency of reforming Nigeria’s judiciary to restore public confidence and uphold the rule of law.

They called for decisive action from the Attorney General to prevent further erosion of judicial integrity and to promote transparent and merit-based judicial appointments.
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