A coalition of Nigerian civil society organizations [Access to Justice (A2Justice)] has called on the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi SAN, to intervene and advise President Bola Tinubu against approving certain judicial appointments recently recommended by the National Judicial Council (NJC).

In a strongly worded letter dated May 28, 2024, the groups alleged violations of the Nigerian Constitution and existing judicial appointment guidelines in the selection process for judges of the High Court of the Federal Capital Territory (FCT) in Abuja.

The letter, signed by Joseph Otteh as the Convener, accused the leadership of the FCT Judiciary and its Judicial Service Committee (JSC) of sidestepping federal character principles and unfairly excluding candidates from Ebonyi and Abia States while considering those from Oyo and Kogi States that already had representation on the bench.

“The FCT Judiciary would ride rough shod over all the objections its unconstitutional criteria triggered, including a House of Representatives Resolution asking the process be suspended, and would subsequently submit its recommendations to the NJC,” the letter stated.

Additionally, the groups claimed the JSC considered a serving judge of the Plateau State High Court, Hon. Justice Buetnaan Mandy Bassi, who is reportedly the daughter of the current President of the Court of Appeal, Hon. Justice Monica Dongban-Mensem, for appointment to the FCT High Court.
“It is unconstitutional – and in fact, an abuse of the Constitution – for a serving High Court Judge to be re-appointed a Judge of a High Court of another jurisdiction, and worse still, to be considered for that appointment at the time such Judge was serving as a High Court Judge,” the letter asserted.

The civil society groups also alleged nepotism and insider dealings, citing the inclusion of close relatives of prominent members of the judiciary and a political office holder exercising power over the FCT on the NJC’s recommended list.

“There is a real possibility, therefore, that the outcome of the selection process was compromised, and, considering what appears to be the confluence of interests of principal actors in the appointments being made, we fear that this may very well be a case of what is known in local parlance as: ‘you scratch my back, I scratch your own’,” the letter stated.

The groups urged the AGF to counsel the President against making the “tainted” appointments and to seek a judicial review of the entire process leading to the NJC’s recommendations to examine their lawfulness.
“Nigeria’s Judiciary – as evidenced by surveys and data – is plumbing depths never before seen in its history, and only decisive reform action can halt its further downward spiral and trigger the tectonic changes Nigerians want to see in the institution. It is time to declare a state of emergency in the Judiciary,” the letter concluded.

Attempts to reach the AGF’s office and the NJC for comments were unsuccessful at the time of filing this report.