The Nigerian Bar Association, Bwari Branch- herein after referred to as NBA Bwari, under the Branch Chairmanship of Mr Paul Daudu, SAN, held its Law Week on 16th-20th May, 2025, on the theme ‘Lawyers as agents of change: Navigating Economic Reforms, Judicial Policy and Contemporary Issues’. His Excellency, Former Governor of Kaduna State, Mallam Nasir El-Rufai was the keynote speaker.
In my personal capacity, my viewpoint on the theme is on ‘Judicial Appointment Processes’, which I intend to share in this paper. Hence, this paper.
In my humble submission, and having applied before as an ‘Applicant’ for a Judicial Office in Nigerian Courts (High Courts), ‘transparency’ in the judicial appointment is very paramount but is missing in the processes. In other words, every detail of what happens from the beginning to the end of the judicial appointment processes should be transparent- meaning, none of the processes involved should leave any of the applicants confused or in doubt as to what is happening or why he is being disqualified or held to have qualified and appointed.
Take for instance, the process says that the applicant has been disqualified: on what ground? Such an applicant is not notified about the ground upon which he is being disqualified, so that he may prepare against or in addressing such ground in his subsequent application. If you ask such an applicant about why he was disqualified or not called to participate in the processes based on his application for same, he would definitely or probably tell you that ‘he does not know the reason’! So, transparency is missing in this way.
Furthermore, the judicial appointment should be of ‘equal opportunity’ for every qualified Nigerian citizen. Hence, an applicant who is likely qualified is disqualified (though without notifying him of any ground upon which he has been disqualified) is disqualified perhaps because: he is not ‘connected’ to ‘the powers that be’ in Nigeria; or he is not ‘a candidate of a prominent politician’; or he is not from a prominent royal or influential family’, etc. which means he is being disqualified on the ground of ‘discrimination’ on the ground of his place of birth, status, etc., which is unconstitutional. Section 1 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution, provides for its supremacy thus.
‘1.—(1) This Constitution is Supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other Law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other Law shall, to the extent of the inconsistency, be void.
Furthermore, Section 13 of the Constitution provides thus.
‘13. It shall be the duty and responsibility of all organs of government and of all authorities and persons, exercising legislative, executive or judicial powers to conform to, observe and apply the provisions of this Chapter of this Constitution.’. So, in my humble submission, with due respect, the judicial appointment processes, shall promote transparency and shun discriminatory considerations in any of the processes.
Also, Section 14(1) and (2) (a) and (c) of the Constitution provides thus
14.—(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.
(2) It is hereby, accordingly, declared that—
(a) Sovereignty belongs to the people of Nigeria, from whom government through this Constitution derives all its powers and authority; and
(c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution’.
Furthermore, Section 15(1), (4) and (5) of the Constitution provides thus
‘15.—(1) The motto of the Federal Republic of Nigeria shall be Unity, and Faith, Peace and Progress.
(4) The State shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties.
(5) The State shall abolish all corrupt practices and abuse of power.’. Also, Section 16 of the Constitution provides thus
‘16—(1) The State shall, within the context of the ideals and objectives for which provisions are made in this Constitution—
(a) harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy ;
(b) control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice, equality of status and opportunity;
(c) without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy ;
(d) without prejudice to the right of any person to participate in areas of the economy within the major sectors of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.
(2) The State shall direct its policy towards ensuring—
(a) the promotion of a planned and balanced economic development ;
(b) that the material resources of the Nation are harnessed and distributed as best as possible to serve the common good ;
(c) that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of a few individuals or of a group; and
(d) that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare for the disabled are provided for all citizens.
(4) For the purposes of subsection (1) of this section—
(a) the reference to the ”major sectors of the economy” shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation ; and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy ;
(b) ”economic activities” include activities directly concerned with the production, distribution and exchange of wealth or of goods and services ; and
(c) ”participate” includes the rendering of services and supplying of goods.
Furthermore, Section 17 of the Constitution provides thus
‘17—(1) The State social order is founded on ideals of Freedom, Equality and Justice.
(2) In furtherance of the social order—
(a) every citizen shall have equality of rights, obligations and opportunities before the law ;
(b) the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced ;
(c) government actions shall be humane ;
(d) exploitation of human or natural resources in any form whatsoever for reasons other than the good of the community shall be prevented; and
(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.
(3) The State shall direct its policy towards ensuring that—
(a) all citizens without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment ;
(b) conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life ;
(c) the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused ;
(d) there are adequate medical and health care facilities for all persons ;
(e) there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;
(f) children, young persons, the aged are protected against any exploitation whatsoever, and against moral and material neglect;
(g) provision is made for public assistance in deserving cases or other conditions of need; and
(h) the evolution and promotion of family life is encouraged.’.
Hence, this paper, with due respect, queries the judicial appointment processes in regard to their ‘lack of transparency’. As a matter of experience, when I applied for the Judicial Office as ‘a Judge of High Court’, I had followed the processes but got no notification on the acceptance or rejection or qualification or disqualification of my application. Hence, I did not know why I was ‘disqualified’ from the processes up till today, hence, nothing is more lacking in transparency than this, with due respect.
Finally, it will be for the betterment of this nation where the judicial appointment processes are made transparently and any disqualified applicant is duly notified whether physically or by electronic means of the ground(s) for his disqualification from any part of the processes.
Email: hameed_ajibola@yahoo.com 08168292549.
