By Hameed Ajibola Jimoh Esq.

The ‘bench’ under this paper simply refers to ‘a judicial office’. There are many benefits that accrue to a judicial office or judicial officer.

That is why the criteria for appointment of a judicial officer as laid down by the National Judicial Council-herein after referred to NJC- are clear to checkmate likely excesses and likely abuse of judicial office of an applicant for such office. Therefore, some legal practitioners of not less than 10 years post call as required by the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution clamor for this esteemed position of authority of a judicial office. This paper is of the respectful candid advice that a lawyer who lacks contentment should not dare to seek judicial appointment in order not to create unnecessary troubles and frustrations for himself!

The word ‘contentment’ is defined by the online Merriam Webster Dictionary as ‘The quality or state of being contented’. While the word ‘contented’ ‘an adjective’ is feeling or showing satisfaction with one’s possessions, status, or situation’. From these definitions, it is my humble submission that the meaning of the word ‘contentment’ is clear and unambiguous. This title in other word, can be simply rephrased thus ‘A LAWYER WHO LACKS THE FEELING OR THE ACT OF SHOWING SATISFACTION WITH HIS POSSESSIONS, STATUS, OR SITUATION HAS NO BUSINESS WITH THE BENCH!’.

Furthermore, the RULE FOUR of the Procedural Rules of NJC for the Appointment of a person (lawyer) to the judicial office provides for the criteria (which relates to this subject matter of this paper) which must be considered in appointing any legal practitioner to the judicial office of superior courts of records in Nigeria at both States and the Federal Courts as well as the appellate courts as follows:

RULE 4
4. In considering the candidates, Judicial Service Commission/Committee shall take into account the fact that Judicial Officers hold high office of State and occupy an office carrying enormous powers and authority. Accordingly, the National Judicial Council shall-

(i) regard the following qualities as essential requirements for the selection of suitable candidates for the judicial office in any of the Superior Courts of Record in Nigeria;

In all cases:
a) Good character and reputation, diligence and hard work, honesty, integrity and sound knowledge of law and consistent adherence to professional ethics;
(ii) Consider that:

Candidate for the high office of Judicial Officers of the Superior Courts of Record including Court of Appeal and Supreme Court of Nigeria, shall be disqualified and shall not be recommended for appointment if found to have been involved in:-

a. canvassing or lobbying for the appointment directly or indirectly in any form and/or through any person or persons, such as but not limited to, politicians, traditional rulers, public officers or other Judicial Officers;

b. bad behaviour, whether in or out of Court;
c. activity suggesting impecuniosities and/or display of lifestyle that indicates that the candidate has been living above his/her means;
d. influence peddling;
e. any act of dishonesty or corruption or corrupt practice either, on behalf of himself or of any other Judicial Officer or professional colleague;
f. rendering dishonest or questionable legal opinion or advice or suppression of truth and suggestion of falsehood in any legal matter in dealing with colleagues, clients, or the Courts of Law;
g. deliberate improper or wrong completion of NJC Form ‘A’ with intent to deceive or mislead;
h. submission of false credentials and or deceitful or fraudulent curriculum vitae;
i. or is shown to have nor very limited exposure to practice at the Bar and conduct of cases in the Superior Courts of Record.’ (Underlining is mine for emphasis).
Also, by RULE SIX of the Procedural Rules of NJC for the Appointment of a person to the judicial office, it is provided as follows:

3. A candidate once rejected on the ground stated in Rule 4(4)(ii)) shall not be re-presented to the Council for at least another 2 years or any such period as the Council may direct.

Therefore, it is a great risk for any legal practitioner who lacks contentment or who lacks the feeling or the act of showing satisfaction with his possessions, status, or situation, to apply for the bench or the judicial office! This is my candid advice.

Most importantly, I must state that ‘lack of contentment’ is a form of either failure of parental roles and or moral duties in the parents of the said lawyer which has caused such child to have grown up to have lacked contentment, with due respect! Observable too that in many homes today, religious trainings which could have taught about ‘contentment’ are no more considered important (whether as Muslims or as Christians), except in some very few parents and or homes! This has caused a lot of evils among some lawyers of today! This also posts a great responsibility on the NJC in verifying a lawyer for appointment as a judicial officer. Nevertheless, I am of the firm view that NJC should continue to strive in ensuring that as a judicial body saddled with the responsibilities of ensuring that lawyers of high repute are appointed to the bench without fear, favour, or nepotism or for no political influence or other influence purposes, so that the interest of justice would be served by those appointed as judicial officers of the Federation, else, the judicial office is likely to be abused and corrupt by those corrupt lawyers appointed as judicial officers, with due respect to them! Furthermore, I am of the firm view that the fight against corruption in the judiciary must start from the point of appointment into those judicial offices. It is then that the NJC can ameliorate the impact of corruption among judicial officers.

Furthermore, as there is the need to fight corruption in the judiciary, the remuneration of judicial officers and other incentives must be improved upon away and far beyond what they are today! Judges and other inferior courts’ members of the bench must be encouraged by an improved salary and other emoluments! This would curb any influence on their powers so that while one is educating someone against corruption, one is not encouraging those situations that would make such education to be of no positive effect, though, it is not an excuse for any judicial officer to succumb to corruption!

In my final submission, I candidly advise a lawyer who knows that he is not contented or has no feeling or the act of showing satisfaction with his possessions, status, or situation, not to apply for the bench or the judicial office! ‘A word’ they say too ‘is enough for the wise!’

Email: [email protected]