A recent report by the civil society group, Access to Justice, has highlighted flaws in Nigeria’s process for appointing judges. The report titled “Making Judicial Appointments Reforms Work” analyzes how the National Judicial Council (NJC) can improve implementation of its guidelines on judicial appointments.
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According to the report, the appointment of judges by the NJC is problematic in three key ways. Firstly, there is a lack of compliance in publicizing judicial vacancies sufficiently for interested candidates to apply on time. Secondly, the opaque shortlisting process allows the Chairman of the Judicial Service Commission to subjectively determine outcomes, often appointing favored candidates. Thirdly, the system is biased against non-judicial candidates for appellate court positions.
Though the NJC guidelines provide that suitably qualified persons can be considered for Supreme Court appointments, no one outside the Court of Appeal has been appointed. Experts argue this has led to a lack of diversity in perspectives and ideas in the higher courts.
Speaking at a media parley on judicial appointments, a former Chairman of the Lagos NBA expressed concerns about the NJC flouting its guidelines. He cited an example where the Lagos Chief Judge gave the NBA branch just 2 days to comment on a shortlist of 30-40 candidates. Participants agreed the limited timeframe made meaningful feedback impossible.
Other issues highlighted include short application windows for vacancies, asking judges to comment on shortlists within 48 hours, and notifying the Bar Association shortly before feedback deadlines. These were deemed “tick box exercises” showing intent to only superficially follow the rules.
Stakeholders urged compulsory proficiency exams for applicants, live broadcast of NJC interviews, starting appointment processes early, and having diversity quotas. The overarching goals are restoring public confidence in the judiciary and appointing the most qualified candidates through a transparent, merit-based process.
With Nigeria’s judicial system declining and the quality of judges worsening over time, experts emphasized the need for urgent reforms. The current system has failed to meet standards that ensure appointed judges have the requisite integrity, competence and independence of mind. A fair, open process for judicial appointments is considered a major step towards improving the administration of justice.
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