The lengthy anticipation for the appointment of new justices to the Supreme Court is drawing to a close, with the forthcoming announcement of successful candidates scheduled for Friday.
According to The PUNCH, the National Judicial Council will convene in Abuja on Wednesday and Thursday to finalize and forward the list of justices for appointments to the benches of the Supreme Court and the Appeal Court.
It was also revealed that during the meeting, the NJC will also deliberate on and recommend judges for positions in the Federal High Courts, the National Industrial Court, as well as heads of courts.
Additionally, nominations for new judges in state High Courts, Customary Courts of Appeal, and Sharia Courts will be sent to state governors for ratification.
According to Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution as amended, the NJC is constituted by the Chief Justice of Nigeria serving as the chairman, the next most senior Justice of the Supreme Court as the deputy chairman, the President of the Court of Appeal, five retired justices chosen by the CJN from the Supreme Court or Court of Appeal, the Chief Judge of the Federal High Court, the President of the National Industrial Court of Nigeria, and five chief judges of States appointed by the CJN from among the chief judges of the states and of the High Court of the Federal Capital Territory, Abuja, serving on a rotational basis for two years.
Additional members of the National Judicial Council include a Grand Kadi selected by the Chief Justice of Nigeria from among the Grand Kadis of the Sharia Courts of Appeal, serving in rotation for two years.
Similarly, one President of the Customary Court of Appeal is appointed by the CJN from among the presidents of the Customary Courts of Appeal, also on a rotational basis for two years.
Furthermore, the NJC comprises five members of the Nigerian Bar Association, practicing for at least 15 years, with at least one Senior Advocate of Nigeria among them.
They are appointed by the CJN based on the recommendation of the National Executive Committee of the NBA, serving for two years and eligible for reappointment. These five members specifically participate in the Council’s sessions concerning the appointment of individuals to superior courts of record.
Additionally, the NJC includes two individuals of indisputable integrity who are not legal practitioners, as determined by the CJN.
An NJC member, speaking exclusively to our correspondent, revealed that the meeting scheduled for Wednesday and Thursday marks the final session of the year. The NJC typically convenes quarterly, except in cases of emergencies.
According to gathered information, the appointment panel of the council, chaired by Justice Kudirat Kekere-Ekun, has scrutinized 22 nominees, shortlisting 11 individuals for potential appointment.
The NJC member said, “The council will ratify the chosen and recommend them to Tinubu as the federal appointing authority.
“Some heads of courts and judges for state judicial divisions are also listed for appointment by the Kekere-Ekun committee. They will also be announced during the meeting.”
As per the NJC member who pleaded anonymity due to lack of authorization to speak to the media, the council members will meticulously assess each candidate for appointment.
They will thoroughly review any petitions lodged against the candidates, and if deemed credible and potentially influential in their appointments, they will either dismiss the candidates or confirm their appointments if the claims are deemed unsubstantiated.
The NJC member said, “All the nominees, including those being elevated from the Court of Appeal to the Supreme Court, have been screened and cleared by the EFCC, ICPC and DSS. The clearance is an age-long practice of the council.
“The council has never and will never process anyone for appointment into the bench of any court, without clearance by the listed bodies.
“The meeting will take place in Abuja on Wednesday and Thursday, December 6 and 7, 2023. The main agenda is to consider the names pencilled in for appointment as justices of the Supreme Court and the Court of Appeal.
“You know the controversies trailing the non-appointment of a new set of justices to the bench of the apex court and the depletion of the justices. The meeting is the last for the year as the NJC meets every quarter except when there are emergencies.
“The council will also consider those for appointment as judges of the Federal High Court and state High Courts, as well as the National Industrial Court, Customary Court of Appeal and Sharia Courts. Recommendations on candidates for state High Courts, Customary Court of Appeal and Sharia Courts will be forwarded to state governors, whose duty it is to ratify and announce their appointments.”
The source, however, conveyed frustration regarding Governor Godwin Obaseki of Edo State, mentioning that judges approved by the NJC since July have not been sworn in.
“Edo has refused to swear in the approved judges since July when the council met and recommended their appointment. The NJC unfortunately cannot enforce the decision,” he said.