The Federal Judicial Service Commission (FJSC) has come under scrutiny following allegations of disregarding its own rules and criteria in the nomination of judges to the Court of Appeal.

The accusations, raised by prominent lawyer and activist Chidi Odinkalu, have sparked concerns about the integrity of the judicial appointment process.

In a series of posts on the social media platform X (formerly Twitter), Odinkalu cited minutes from an emergency meeting of the FJSC held on November 19, 2020. During this meeting, the President of the Court of Appeal, Justice Monica Dongban-Mensem, proposed that judges with less than five years on the bench or less than five years until retirement should not be considered for elevation to the Court of Appeal. The FJSC reportedly agreed to these criteria.

However, Odinkalu alleges that the recent nomination of Justice Eleojo Enenche of the Federal Capital Territory High Court to the Court of Appeal violates these established rules. According to Odinkalu, Justice Enenche was appointed as a judge in November 2021, giving him less than two years of judicial experience, with nine months of that time spent attached to another judge.

Odinkalu further claims that Justice Enenche’s appointment to the Federal Capital Territory High Court was itself controversial, as he had previously served as a personal assistant to the Chief Judge, despite clear rules against such appointments.

The activist also pointed out that two other nominees to the Court of Appeal, Justice Mohammed Liman of the Federal High Court and Justice Lawal Akapo of the Lagos High Court, would not meet the criteria set by the FJSC, as they have less than five years remaining until retirement.

These allegations have raised questions about the consistency and fairness of the judicial appointment process in Nigeria. The FJSC has not yet responded to the claims made by Odinkalu, but the issue has generated significant interest among legal professionals and the general public.

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