 |
| Justice Marshal Mukoro |
...Calls for Suspension of Process and Urgent Investigation
The Nigerian Bar Association, Warri Branch has rejected the final generated list of persons to be appointed as judges of the High Court in Delta State. The list, which was forwarded to the National Judicial Council (NJC) by the Judicial Service Commission of Delta, is said to include one Onome Marshal-Umukoro, a son of the Chief Judge of Delta State and Aaron Ighoverio, a cousin or nephew of the President of Customary Court of Appeal, Delta State. The branch described the screening of the short-listed candidates as a "sham that could not possibly determine the suitability or otherwise of any candidate for appointment as judge of the High Court".
In a petition signed by the Chairman and Secretary of the branch, Michael A. Asugo and John E. Aruoture and forwarded to NJC, Chief Justice of Nigeria and President of the Nigerian Bar Association, the branch called for the investigation of the matter and the JSC in Delta State, adding that the judiciary has come under intense scrutiny and criticism in recent times over the way judges are appointed and disciplined by the NJC. Stating that it is necessary for NJC to send the right signals to the Bar, the Bench and the general public that it is no longer going to be business as usual.
The branch further alleged that the manner in which the short-listed candidates were generated nagates the principal of geographical spread contained in the NJC Policy on the appointment of judges and also violates the guidelines of the NJC for the appointment of judges.
The petition reads in part: "The NJC guidelines for the appointment of judges were designed to ensure that only suitably qualified candidates are appointed as judges. It was also designed to ensure that the process of appointment is transparent and credible. However;
"1. Contrary to the clear provisions of Rules 3(1)(a)(i) of the National Judicial Council Procedural Rules (the “Guidelines”), no call was made for the “expression of interest by suitable candidates by way of public notice placed on the website of the Judicial Service Commission/Committee concerned, Notice Board of the Courts and Notice Boards of Nigeria Bar Association Branches”; (Emphasis ours).
"2. Also, contrary to Rules 3(1)(a)(iii) of the Guidelines, no letter was written by the JSC to “the Chairman of every Branch of the Nigerian Bar Association in the state concerned, asking for nomination of suitable candidates for the proposed judicial appointment and requesting that he/she brings to the notice of suitable candidates the call for expression of interest by each of them.” This means that only a select few who are highly connected were informed of the commencement of the process. This cannot be the intendment of the rules referred to above.
"3. There was also a flagrant disregard of the germane provisions of Rules 3(2)(3)(4)(6)(8) of the Guidelines.
"The clear breach of the rules referred to above, is responsible for the petition that has already been written to the NJC by representatives of a particular ethnic group in the State that no member of their ethnic group was short-listed for screening. Our appeal to the JSC to supply the criteria used for short listing the first Thirty-Six (36) candidates and the final selection of Five (5) candidates with Five (5) alternates has been ignored by the JSC.
"We are further opposed to the final list forwarded to the NJC because, if it is accepted and the persons thereon are appointed as judges, it will set a very dangerous and destructive precedent in Delta State. This is because, last year, three (3) judges of the Revenue Court of Delta State were appointed, and the Chief Judge ensured that out of over fifty candidates who applied, one of the candidates appointed, was his younger brother, CHAMPION UMUKORO. The criteria for selection were never made public. We thought it was a coincidence, not knowing that it was to “test the water”, whether stakeholders would react or not. The way the current exercise has evolved, shows clearly that it was a well orchestrated plan by the Chief Judge to favour a member of his family. In our view, if this trend is not checked now, it will lead to the destruction of the Bench in the State. There are many hardworking, brilliant and honest members of the Bar and the lower Bench in the State who have given up hope of ever being appointed as judges simply because they are not “CONNECTED”. This is not acceptable to us and it is not beneficial to the administration of justice in Delta State.
"My Lord, the Delta State Judiciary does not belong to the Chief Judge of the State and the President of the Delta State Customary Court of Appeal. It is not possible or fair for the IJAWS with four Local Government Areas in the State and the ISOKOS with two Local Government Areas to have two judges each in the State Judiciary and for the MARSHAL UMUKORO family alone to have two judges. This is not fair and it negates the principle of geographical spread contained in the NJC POLICY on the appointment of judges.
"It is for these reasons, we hereby call on the NJC to suspend the process of appointment of judges in Delta State and cause an investigation to be carried out to confirm if the clear procedure for appointment as contained in the NJC guidelines were adhered to.
"The judiciary in recent times has come under intense scrutiny and criticism over the way judges are appointed and disciplined by the NJC. This is an opportunity for the NJC under your Lordship’s watch, to send the right signals to the Bar, the Bench and the general public that it is no longer going to be business as usual. That was the essence of your Lordship’s speech at the opening ceremony of the Nigerian Bar Association Annual General Conference in Lagos a few weeks ago, which was well received and applauded. We earnestly urge your Lordship to take action to restore confidence in the Judiciary in Delta State", the petition stated.
For more news updates visit: Citizens Court
0 Comments