Controversy as NJC recommends "unqualified" relatives of Supreme Court judges, others to Buhari for appointments

A group of Nigerian lawyers have asked President Muhammadu Buhari to reject 33 candidates recommended to him by the National Judicial Council (NJC) for appointment as High Court judges of the Federal Capital Territory, based on nepotism.

The lawyers, under the aegis of Open Bar Initiative, in a petition to Buhari said 17 of the NJC’s nominees were not just “unqualified”, but that they made the NJC’s list because of their “connection” or “family affiliation” with top officials of the nation’s judiciary, Premium Times reports.

The petition dated May 6, 2020, is signed by Silas Onu and Chidi Odinkalu, the conveners of the Open Bar Initiative and five other members of the group.

The Open Bar Initiative, a group of Nigerian lawyers, says it is dedicated to defending the integrity of the legal profession in the country.

The group said in a press statement that it has forwarded the petition to the Senate President, Ahmed Lawan, and the Speaker of the House of Representatives, Femi Gbajabiamila.

One of those who was nominated but said to be unqualified for appointment as a judge in the petition is Hafsat Abba-Aliyu, 42, the daughter of Justice Uwani Abba-Aji of the Nigerian Supreme Court.

Another nominee is Njideka Nwosu-Iheme, 36, the daughter of Justice Mary Odili of the Supreme Court.

Also Fatima Abubakar Aliyu, 35, said to be the daughter of the immediate past president of the Court of Appeal, Justice Bulkachuwa, was nominated.

Mimi Katsina-Alu, 46, the daughter of late Justice Katsina-Alu, a former Chief Justice of Nigeria, and Ibrahim Mohammed, 40, the son of a former grand-khadi of the FCT, were also nominated.

There is also Nwabulu Chineze, 57, said to be a sister to the presiding Justice of the Court of Appeal, Akure, and Enenche Eleojo, 46, a personal assistant to the chief judge of the FCT High Court.

One candidate whose nomination is surprising is Olufola Olufolashade. According to the petition, Olufola Olufolashade was not even among the shortlisted candidates. The name was said to have been “smuggled” into the list by an unnamed top Supreme Court justice.

The petition, seen by Premium Times, said the selection process violated the NJC’s laid down rules and procedures and the High Court of the FCT (number of judges) Act, 2003.

It said “the selection process is fraught with judicial insider dealing which risk turning the judiciary into an instrument for advancing personal interest and patronage”.

The Open Bar Initiative said in its press statement, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the Constitution or any other instrument under the Nigerian laws.”

It said the NJC’s selection process was manifestly an abuse of the high constitutional responsibility invested in those who must nominate judges for appointment.

The result of this abuse, the group further said, is that good candidates have been arbitrarily excluded from consideration in favour of unqualified candidates whose only claim to the job is the name or the job of their parents, husbands, uncles or other judicial insiders.

“These are not just unqualified nominees; they are bad nominees because only bad people will want to become judges through smuggling,” said Mr Odinkalu. “They will make bad judges. We should resist them and their sponsors.”

Below is the full list of 33 persons recommended by the NJC to President Buhari for appointment as judges of the FCT.

1. Muhammad Mustapha Adamu

2. Madugu Mohammed Alhaji

3. Josephine Obanor Enobie

4. Kayode Agunloye

5. Enenche Eleojo

6. Nwabulu Ngozika Chineze

7. Abubakar Babashani

8. Aminu Muhammad Abdullahi

9. Nwecheonwu Chinyere Elewe

10. Ibrahim Mohammed

11. Sadia Mu’azu Mayana