The National Judicial Council will meet on Thursday to deliberate on the appointment of a new Chief Justice of Nigeria.
The incumbent, Justice Aloma Mukhtar, who is the first female and the 13th indigenous CJN, will retire on attaining the mandatory retirement age of 70 on November 20.
Barring any last minute change, Mukhtar is likely to be succeeded by Justice Mahmud Mohammed, who is currently the next most senior Justice of the Supreme Court.
Our correspondent learnt on Sunday that in fulfilment of constitutional provisions on the appointment of the CJN, the Federal Judicial Service Commission had met on October 23 and submitted a list of the next three most senior Justices of the Supreme Court to the NJC.
The NJC is expected to meet on Thursday to recommend one of those on the list to President Goodluck Jonathan.
Top on the FJSC’s recommended list is Justice Mohammed, who is currently the Deputy Chairman of the NJC. The CJN is the Chairman of both the NJC and the FJSC.
Others on the list are said to be two other Justices of the Supreme Court in order of seniority, Justices Walter Onnoghen and Tanko Muhammad.
Usually, the most senior among those recommended by the FJSC, and who is next to the outgoing CJN is appointed the new Chief Justice by the President.
The President’s choice often requires approval by the Senate in line with section 231(1) of the Constitution.
A source at the FJSC, who is familiar with the processes of appointing the nation’s CJN, confirmed the development to our correspondent on Sunday.
“By sending additional two names to accompany the next most senior Justice of the Supreme Court is just to fulfil all righteousness. It is almost certain that the NJC at its meeting on Thursday will recommend Justice Mohammed to the President and the President will then appoint him as the next CJN,” the source said.
Paragraph 21(a) and (a) (i) of the Third Schedule of the Constitution of the Federal Republic of Nigeria, which guides the appointment of the CJN, Justices/judges and heads of various federal courts, says, “The National Judicial Council shall have power to:
“Recommend to the President from among the list of persons submitted to it by – the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal and the Chief Judge and judges of the Federal High Court.”
The outgoing CJN Mukhtar, who succeeded Justice Dahiru Musdapher, on July 16, 2012, is reputed to have taken decisive actions against corruption on the bench and unethical practices in the judiciary.
Sections are paragraphs we are looking to quote while suing for the inclusion of Nigerians as integral parts of the government, vis-a-vis judicial officers in maintaining public order.
Section 46 under chapter IV and section 6(6); we are to highlight the grey areas starting with section 7, seeking for proper representation and recognition of the Nigerian people in ensuring social justice, equity and public order. Sections 13; 14; 15; 16(1b- social justice, 3- defining Nigeri as a legal business enterprise, 4a-c) 17- social; 20j; 21a; 23; 24; 34(1)a, e; 36(1, 2, 4- public, 12- instrument); 38(1); 39; 42; 45; 231(5); 232(1); 233(2c); 236; 295; transitional provision and savings 315(5b). We might also cite the doctrine of necessity clause adopted how edit, alien to the constitution, by the senate, in confirming President Goodluck Jonathan as Nigerian president.
We are also preparing a bill to be forwarded to the National Assembly for constitutional amendment to include the Nigerian people as judicial officers integral in maintaining public law, order and unity. We would therefore edit section 20(j), part II- E12j( to read 2 or more non legal practitioners), section 288 ( to include all Nigerian citizens duly registered as jurors as public officers).
We are also at sea as to why the council of state has yet to advise( which is part of their responsibilities), as in 6b, the President on Jury or some other people recognized platform that would orientate us congruously in maintaining public order!
These are many other sections would be explored to find a means to include the Nigerian people as an integral part of government, in order to promote peace, equity, unity and social justice!
N.B: all bracketed numbers represent subsections duly inserted in the Nigerian constitution.
Does the constitution help fulfill the obligation and preambles in the constitution?
The judiciary has to really mull the obligations of our constitution to see how it doesn’t promote unity, peace, integration, love, social justice; and innovate procedures to ensure that these are fulfilled by the constitution we call our law. Nigerians must be encouraged to defend the Constitution of the FRN, and my suggestion is via a JURY Judiciary platform!