The independence of the judiciary has been a cause of concern and discourse over time.
There is a consensus that for democracy to thrive in adherence to the principle of separation of powers where all arms of government, perform optimally as provided for, in Sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), each of the arms, must be allowed to independently carry out its assignment, in line with international best practices.
For the judiciary, the availability of qualified judges in their required number is a core condition for independence, as judges who are overworked and stretched beyond limits may lose their edge.
The issue of inadequate judges seems to be a challenge in the Oyo State judiciary as it has only 23 judges to contend with the humongous caseload before its high courts due to the continuous depletion in number of serving judges as a result of retirement and elevation.
This is what makes the issue of appointment of judges in Oyo State an emergency, according to the Nigerian Bar Association (NBA), Ibadan branch which has consistently called for more judges.
On Monday, February 12, the Ibadan branch of the NBA, who noted that if urgent action is not taken, things might get worse for the state judicial division, wrote an open letter to the state Governor, Engr. Seyi Makinde, the appointing authority, urging him to take steps that will salvage the situation.
In the appointment of new state high court judges, the Judicial Service Commission in the affected state, (SJSC), will send a nomination list to the National Judicial Council (NJC).
The Council, headed by the Chief Justice of Nigeria, will consider the list, interview those recommended and nominate those found suitable for appointment to the state governor.
The Council is at liberty to recommend those on the Reserve List instead of those on the Priority List from the SJSC if the former are found to perform better than the Priority candidates.
Such switch, at times, creates tension between the Council and the appointing authority in states.
The incumbent chairman of the National Judicial Council, Justice Kayode Ariwoola is from Oyo State and is believed to have a good working relationship with the state.
Before the NJC will give it's final approval to have vacancies filled at the state level, inspection teams are mandatorily sent to the states in question to ensure that the issue of welfare for the new judges; accommodation, mobility, courtroom and chamber with library, has been settled by the requesting states.
When news filtered to the Council that comfortable accommodation and cars usually presented to visiting teams from Abuja were being regularly withdrawn from new judges, once their appointment process had been concluded by the Council, the leadership, under the NJC secretary, Ahmed Gambo Saleh, directed investigation teams to start taking pictures of the houses and cars, complete with the chassis numbers of the cars, expected to be new, and the locations of the houses, shown to the teams, by states, purportedly reserved for new judges.
The Ibadan branch of the NBA, led by Mrs. Folasade Aladeniyi, in its letter titled; ‘Please act now on the patriotic call to save the Oyo State Judiciary,’ said it has become expedient for the NBA, as an association, whose primary role is to promote the rule of law and protect the integrity of the judiciary, to address the governor, through the chosen medium, due to the urgent attention required by the justice sector and the judicial arm of government in Oyo State.
Aladeniyi wrote, “Our hitherto efforts to privately bring to your Excellency’s attention the content of this open letter have been to no avail since assumption of office by the 2022-2024 Executive Committee of the Bar.
Your Excellency, constitutional democracy thrives when there is strict adherence to the principle of separation of powers and the respective arms of government perform optimally as envisaged in Sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“The sections provide for the powers, roles and functions of the Legislative, Executive and Judicial arms of government respectively.
While the principle of separation of powers must be observed, constitutional democracy permits for harmonious working relationship amongst the arms of government to deliver governance to the governed.
Your Excellency, we are using the above to direct your attention to the state of affairs in the justice sector in Oyo State and other issues connected therewith.
“We seek to acknowledge the efforts and interventions of the Hon. Chief Judge of Oyo State; Hon. Justice I.S Yerima and the Hon. Acting President of the Oyo State Customary Court of Appeal, Hon. Justice T. M. Abdulganiyu so far, in a bid to advance the course of justice and save Oyo State Judiciary from collapse.
However, there are salient and pressing outstanding issues which if not addressed forthwith will continue to mar and diminish any noble intervention in the affairs of the Judiciary and administration of Justice in Oyo State,” she said.
The bar picked issues with the delay in the appointment of a substantive president for the state’s Customary Court of Appeal
It noted, “It is public knowledge that the immediate past president of the Oyo State Customary Court of Appeal; Hon. Justice M.A.A Abass (PCCA) retired in 2023 and since then, a new substantive president is yet to be appointed in line with the dictates of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“It is worthy of note that on the 6th day of December, 2023, the National Judicial Council (NJC) confirmed the nomination of the Acting President, Hon. Justice T.M Abdulganiyu for approval as the substantive President of the court, but Your Excellency, we are not aware that his name has been forwarded to the Oyo State House of Assembly for confirmation as required by the Constitution till now.
“We hereby use this medium to call on your Excellency to as a matter of urgency look into this matter as delay in the circumstance is no longer golden.
The matter cries for your Excellency’s urgent attention and we urge that it be given such, to enable the court to continue to perform its constitutional and statutory roles optimally,” the NBA stated.
Operational vehicles
Lawyers in the state are worried that the inability of the Makinde administration to meet NJC’s requirement on the requisite welfare package for new judge is hurting the state’s justice sector.
The open letter read in part, “Your Excellency, it is also of public knowledge that since 2021, the Oyo State Judicial Service Commission pursuant to your approval, commenced the process for the appointment of more Judges to the Oyo State High Court bench.
As part of the appointment process, the inspection team of the National Judicial Council visited the state sometime in 2023 to confirm the availability and inspect the operational vehicles for the proposed Judges but none was made available and as a result, the inspection team returned to Abuja and the process has been stalled till today.
“We have followed the activities of your Excellency with keen interest and we have observed the generosity of Your Excellency in gifting out vehicles of high standards to prominent musicians, journalists, security agents and most recently to the State Secretary of your political party (PDP).
We urge your Excellency to look in the direction of the Oyo State Judiciary and kindly do the needful.
Linking the consequences of the allegedly stalled appointment, the NBA said, “Your Excellency, the continuous depletion in the number of serving Judges as a result of retirement and elevation makes the Issue of appointment of Judges in Oyo State an emergency one.
“Presently, we have only 23 Judges in the Oyo State High Court and only three Judges in the Oyo State Customary Court of Appeal.
These figures are far below the number of Judges needed in the Oyo State Bench to do justice to the pending cases in our courts, given the cosmopolitan nature of the state.
The sitting Judges are overwhelmed and this has continued to occasion delay in the disposal of cases in our courts.
“This state of affairs is worrisome because Oyo State that is known as the Pace Setter State, is being left behind in the committee of states when it comes to appointment of Judges as and when due.
The major clog delaying the instant appointment is the non provision of operational vehicles and other NJC’s requirements for the proposed appointees by the Oyo State Government, of which, these requirements are condition-precedent for the approval, appointment and confirmation of the proposed Judges to the Oyo State High Court.
“The challenge of delay in obtaining justice will be effectively addressed, once more judges are appointed to the Oyo State Bench,” NBA said.
Welfare of govt lawyers
The body of lawyers also noted that it was fighting for its own inside government.
Aladeniyi said lawyers in the state are calling “for improvement of the welfare of our colleagues serving the government at the Oyo State Ministry of Justice.
“They face daily challenges in their bid to perform the functions of their offices ranging from lack of vehicles to convey and mobilise them to courts to defend government, securing the attendance and mobilisation of witnesses to court to give evidence to support government’s cause amongst others.
“Our colleagues have had to pay the incidental expenses in defending the government from their pockets.
Also, there are reports of decline in the administrative process at the ministry which will affect the effective service delivery of the ministry to the government and the public.
“We urge Your Excellency to step in and make adequate provisions to Oyo State Ministry of Justice in order to hasten quick and efficient dispensation of justice which the Ministry is saddled with,” she added.
I’m yet to see letter –AG
When Nigerian Tribune asked for his views on the letter and what government is doing, the Attorney General and Commissioner for Justice, Abiodun Aikomo said he has yet to see any letter like that and can therefore not speak on it until it gets to his table.
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