*Alleges Manipulation Of Provisional List And Non-compliance With NJC Procedural Rules and Guidelines

A Non-governmental Organisation, Hero’s Cry Human Capital Development Initiative has called for the cancellation of the ongoing recruitment for Judges into the Abia state judiciary. They accused the Abia State Judicial Service Commission of manipulating the process and flouting the NJC Procedural Rules and Guidelines, 2014, and asked the National Judicial Council to nullify the process.

In a petition addressed to the National Judicial Council and made available to TheNigeriaLawyer, the NGO claims that contrary to the NJC requirement that provisional lists of Judge nominees should contain not less than twice the number of judicial officers intended to be appointed, the State judicial Commission only sent a list of six candidates for five slots against a minimum of 10 as required by NJC Guidelines.

The petition reads in part, “The commission called for expression of interest for 5 judges as approved by the Council in 2021 and thereafter published a list of 6 candidates shortlisted in a the provisional list dated 29/4/22 for that purpose. See attached list for ease of reference. That the said provisional list which has now been purportedly sent to the council as the final list for further processing and approval DID NOT COMPLY WITH THE REQUIREMENTS of Rule 3 (4) NJC GUIDELINES & PROCEDURAL RULES 2014 which provides thus … “soon after the closing date for the receipt of the application and or nominations, the Chairman of the Judicial Service Commission /committee concerned shall make a provisional shortlist on the merits CONSISTING OF NOT LESS THAN TWICE THE NUMBER OF JUDICIAL OFFICERS INTENDED TO BE APPOINTED AT THE PARTICULAR TIME…” A look at the said provisional list attached clearly shows that only 6 candidates as against 10 candidates which should amount to twice the number of (5) judges approved by the council for the Abia State Judgeship Appointment was published which is a clear departure and total disregard to strict compliance with the Rules and thus renders the said provisional list incompetent and entire process flawed.”

They further claimed that the said list of nominees for appointment was upgraded from the initial 5 to 8 nominees without the approval of the NJC against contrary to the NJC Guidelines citing Rules 2 (1), (3),(4), (5) of NJC Revised Guidelines and Procedural Rules, 2014.

According to the petition signed by the group’s President, Chinyere Johnson Umelo, “The leadership of the Commission has refused to disclose the status of the manipulated incompetent list to the Commission and neither has it stated either by any circular whether the Council indeed approved the purported 8 judicial officers as against the original 5 proposed earlier for appointment by the Council which renders the entire ongoing process defective and flawed having grossly violated the requirements of theNJC REVISED GUIDELINES AND PROCEDURAL RULES 2014,particularly Rule 2(1)(3)(4) which provides …whenever the Chairman of a State Judicial Service Commission proposes to embark on the process for appointment of candidates to Judicial office in the State NOTICE shall be sent to a Governor of State ….(3)… a copy of the NOTICE shall be forwarded to the Secretary of the NJC(4)… that upon consideration of the advice ,the Chief Justice/Chairman of the NJC shall NOTIFY THE CHAIRMAN OF THE STATE JUDICIAL SERVICE COMMISSION not to proceed or proceed with a specified number..(5)…The DECISION OF THE NJC shall be final unless reviewed. We are saying that the manipulated provisional/ final list of 8 judicial officers was not approved by the NJC.”

They also alleged that some of the shortlisted candidates have integrity questions which are yet to be cleared and that is why the State Judicial Service Commission has deliberately failed to publish their names for public scrutiny and comments.

“We are convinced and certain that if the purported final list sent to Council by the commission is sent to the relevant stake holders it will generate alot of unpleasant reactions and disapproving comments and will certainly reveal the levity to strict compliance with the NJC Rules by the Commission in the ongoing exercise. Furthermore, it will show the heinous schemings within the Commission especially to protect and ensure the appointment of certain candidates of questionable characters known to most Judges, Magistrates and Lawyers who are now being shielded from their scrutiny.”

The petition continued, “Indeed some of these candidates have several petitions against them ranging from falsification of age to remain in office, falsification of academic qualifications, deposing to different affidavits on same facts, embezzlement of public funds, impersonation and conversion of exhibits tendered in court for personal use and of particular note and based on our findings from our source within the judiciary are but not limited to one Chief Magistrate Elekeson Samuel Elekezie and Chief Magistrate Victoria OkeyNwokeukwu who are riddled with several petitions with panels of investigation set up to investigate them but unfortunately this have been scuttled and shielded by some members of the Commission. We are also privy of a 38 page Petition written by two retired Magistrates namely His Worship Chief Magistrate ChijiokeNwogu and His Worship Chief Magistrate N.E IBE addressed to the Council which also exposed the fraud in the ongoing exercise. In fact, some of the shortlisted candidates are complicit and linked with the bribery scandal which led to the cancellation of the earlier exercise of 2021, which are FACTS within the knowledge of the Commission. This is a desecration of the Nigeria justice system and an affront to the sensibilities of Nigerians who knew how that brazen corruption scandal rocked the integrity of the Abia State Judiciary and that of the nation at large. We therefore urge the Council not to condone such travesty in the Judiciary no matter whose ox is gored. The inclusion of these candidates with questionable characters in the ongoing process and the push for their emergence as Judges is flagrant violation of RULE 4(4ii a-i) of NJC REVISED GUIDELINES AND PROCEDURAL RULES 2014 and also renders the entire process flawed and liable to be nullified.”

Other grounds cited by the NGO in the petition include, nominating a candidate who was rejected two years ago, secrecy in the nomination process and alleged extortion from candidates within 24hours.

“Our source from the Judiciary also revealed to us that one of the shortlisted candidates in the person of His Worship Elekeson Samuel Elekezie who was unsuccessful and rejected in the last interview conducted by the Council in the year 2020 is also one of the shortlisted Candidates in the purported final list sent to the Council for approval by the Commission which contravenes RULE 6(4&5) OF THE NJC GUIDELINES AND PROVISIONAL RULES which provides that”..Such a candidate once rejected at the interview shall not be presented to the council for at least another 2 years or any such period as the council may direct”. The same name of Elekeson Samuel Elekezie also featured in the 2011 cancelled process .See candidate no.5 on the attached list of 15 shortlisted candidates in the 2011 exercise, for ease of reference.

We wish to state that the continuous brandishing of the incompetent and flawed provisional /final list of 28/4/2022 by the leadership of the Commission as the final list when the said list has been secretly manipulated and same sent to the Council for approval is highly condemnable. Furthermore the removal of certain candidates in place of other preferred candidates who are unknown to the relevant stake holders also contravenes the Rule 3 of NJC RULES and thus a fundamental breach in the entire process.”

They added, “The Abia State Judicial Service Commission has again extorted the sum of N400, 000, 00(four hundred thousand naira only) from each of the candidates shortlisted to enable the said candidates make the purported provisional /final list which list the leadership of the commission knew to be manipulated and incompetent for non compliance with the strict provisions of the NJC RULES is fraudulent and renders the entire process flawed and ought to be discontinued .See Rule 4(4ii a&e) of NJC RULES cited above.In fact ,Some of the candidates had to borrow these monies to meet up the 24hour ultimatum given to them by the Commission.”

In the petition wherein the Attorney-General of the Federation was copied, they asked for an immediate cancellation of the entire process and for thorough investigation of the underhanded activities involved in the process.

“It is therefore upon the above premise, that we petition to the Council to take steps to immediately and cancel the ongoing process for non compliance with the strict provisions of the NJC RULES and call for immediate INVESTIGATION of this petition by an unbiased and dispassionate panel to consider the allegations of corruption and manipulations surrounding the entire process.That all the candidates in the purported incompetent provisional list sent to the council should submit themselves for investigation and that persons found liable for any alleged corrupt practices be fully prosecuted and removed from office and to insist that an independent body and /or the relevant stakeholders MUST supervise any list of shortlisted candidates for the Abia State Judgeship appointment before same is sent to the council. Finally, in the event our petition is not treated with attention it deserves, we shall not hesitate to take appropriate steps under law to prevent this anomaly.”

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