Honourable Justice Beatrice Iliya has petitioned the National Judicial Council (NJC) over the alleged exclusion of her name by the Gombe State Government from among the nominees for the state’s Chief Judge (CJ).

In a petition addressed to the Chief Justice of Nigeria (CJN), Ibrahim Muhammad, sighted by TheNigeriaLawyer, the judge said the re-submission of names of two judges without her name is in defiance to the directive of the NJC.

Entitled ‘RE: THE APPOINTMENT OF CHIEF OF GOMBE STATE. NON-COMPLIANCE WITH THE DIRECTIVES OF THE NATIONAL JUDICIAL COUNCIL (NJC) BY THE GOMBE STATE JUDICIAL SERVICE COMMISSION (JSC)’ dated November 13, 2020, the petitioner, among other things, described it as injustice.

It read in part: “My Lord, I humbly refer to my letter dated 22nd September, 2020 on the inaction of the Gombe State Judicial Service Commission (JSC) following the directive of the NJC for re-submission of the nomination for the appointment of substantive Chief Judge of Gombe State to do the right thing by including my name as the most senior judge of the Gombe State High Court of Justice in the list of nominees.

“I have been reliably informed that the JSC has sent a memo to the NJC re-submitting the names of Hon. Justice Muazu A. Pindiga and Hon. Justice Joseph Ahmed Awak for the appointment of the Chief Judge of Gombe State excluding my name as the most senior judge which is not in compliance with the directive of the NJC following its meeting on 11th August, 2020 and the duo of Hon. Justice Muazu A. Pindiga and Hon. Justice Joseph Ahmed Awak are now being invited for an interview by the NJC Interview Committee to be conducted on the 23rd November, 2020.

“I wish to state that the current re-nomination made by the JSC is in defiance to the directive earlier issued by the NJC on this matter.”

Furthermore, Hon. Justice Beatrice Iliya said seniority has been the accepted convention in nomination of Chief Judge and there is no basis for departure in her case.

“My Lord, the consideration of seniority as a factor to be borne in mind in appointing the substantive Heads of Court, has been the acceptable convention and in my case, there are no extenuating circumstances warranting departure from convention by the JSC except sheer injustice.”

She added that “there are no legal or moral justification justifications whatsoever for the injustice perpetrated against me nor for the flagrant disregard of the directive of the NJC under whatever guise by the Gombe State JSC steered by the Hon. Attorney-General of the state.”

The judge, therefore, called on “the just and upright intervention of the NJC to curb the excesses of the JSC and salvage system of administration of justice in Gombe State while restating my firm commitment to serve to the best of my ability.”

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