Four prominent Senior Advocates of Nigeria (SANs), Prof. Itse Sagay , Dr. Konyinsola Ajayi ,? Chief Mike Ahamba and Mallam Abubakar Malami, have listed competence, managerial skill and courage as the basic requirements? for the appointment of state chief judge by the state governors and not hierarchy.
The SANs,?? who spoke in separate interviews with LEADERSHIP yesterday, insisted that the media campaign against the move to name a judge of Lagos High Court, Justice Joseph Oyewole as the next Chief Judge of Osun State, was baseless.
Justice Oyewole hails from Osun State but currently serves as a judge in Lagos State.
A national newspaper on Monday claimed that some judges in Osun State and the Oyo State chapter of the Peoples Democratic Party, PDP, had criticised an alleged plan by Governor Rauf Aregbesola to name Oyewole as the next CJ when the incumbent retires on November 8.
The newspaper further quoted the unnamed judges and the Osun PDP as criticising the alleged move on the grounds that Oyewole is number 33 in Lagos judiciary and number nine in Osun judiciary.?
But Sagay, Ajayi, Ahamba and Mallami argue? that the claims are untenable on the grounds that the 1999 Constitution does not in any way recognise hierarchical succession of the state CJ .
The SANs further argued that the constitution only mandated the state governor to appoint a person with 10-year post-call experience who must be? a member of the Nigerian Bar Association (NBA)? or the Bench.
According to the senior lawyers, the question of appointing CJs on turn-by-turn basis without considering merit and competence have? caused? rot in the judiciary.
The lawyers further argued that? Aregbesola should rather be applauded for his courage and progressive decision for appointing a CJ? on merit and not otherwise.
The lawyers cited Justice Darnley Alexander, though from British West Indies,? was? appointed the Chief Justice of Nigeria,? CJN , from 1958 to 1971.
They further reminded the critics that Justice Teslim Elias was the Attorney-General of the Federation, AGF, when he was appointed the CJN.
The SANs also said that by the time Justice Adetokunbo Ademola was appointed CJN, Justice Maririke was ahead of him in the Supreme Court on seniority basis, saying that Justice Adetotun Sijuwade was number four in the seniority list of judges in Osun State when he was appointed as substantive CJ.
According to them, Justice Ligali Ayorinde was also number three when he became the CJ in Oyo State just as? Justice Shedrack Nwanosike was number three when he was picked for the Abia State CJ.
They also argued that an Igbo man could? be elevated to CJ position in Osun or Lagos State, since there are over 20 Igbo judges alone in the Lagos? High Courts alone at present.
?Sagay, “You don’t need to be a native of a state to become a CJ? of that state. All you need to qualify is 10 years post-call experience. Whether Justice Oyewole is from Osun State or not is not the question. The governor is constitutionally empowered to appoint a person on merit whether he is in the Osun, Lagos, Kano or Enugu State judiciary. Governor Aregbesola has only gone for merit and competence rather than adopting the conventional turn-by -turn syndrome that has set the rot in the judiciary.
“Aregbesola’s decision was borne out of intelligence, courage that is worthy of emulation all over the nation. His decision is right in law and healthy for the judiciary’’.
Ajayi said, ‘The headship of court is not a question of his state of origin, quota system or status on the seniority of judges in the state. It has to be based on competence and managerial skill. Once the person has 10–year post-call experience to back his competence in character, the governor is right in law to appoint him as the CJ.
“Justice Adetokunbo Ademola was junior to Justice Madarike in the Supreme Court by the time he was appointed the CJN. Justice Darnley Alexander was a white man, yet he was appointed the CJN.
“Once a person is a member of Nigerian Bar and meets the post-call experience, he can be appointed as the CJ of a state. Justice Teslim Elias was the AGF when he was appointed the CJN.”
Ahamba? said, “To the best of my knowledge, the question of succession is purely procedural. The constitution does not recognise hierarchical succession of the state CJs. It is purely conventional that the CJs are appointed based on seniority. It is good to respect seniority, but there is no question of illegality if the governor decides to jettison it’’.
Malami on his part said that Nigerians must start doing things the right way if she wants to develop her institutions.
?“I think we just need to start getting things right in this country. If countries like The Gambia can come all the way to shop for competent Nigerian judges to man her courts and even her Supreme Court, what then is wrong for the Osun State governor going to Lagos State to procure a competent judge to be appointed CJ for his state.
“The PDP knows why it is protesting against Justice Oyewole’s recommendation for the CJ’s post. It is the same way the party has moved against Justice Isa Salami’s reinstatement as the President, Court of Appeal , PCA. The common denomination for the PDP’s stand is that if a judge’s judgement cannot be procured, then that judge is an enemy and a bad judge in the eyes of the PDP members.
“Aregbesola is right in law and has the support of the progressive minded people of this country and should go ahead with his decision,” he said.