There have been some rumours at some quarters that for one to be appointed as a Judge of High Court, he has to be a Magistrate or a public officer in any capacity especially being a lawyer in the office of the Attorney-General. This kind of statement from my observations, has made some lawyers to immediately seek employment in the Magistracy as a Magistrate or in the Ministry of Justice of either the Federation or the State or to seek employment as a legal assistant to a Judge all in the expectation of being appointed as a Judge of High Court in future or after some years and after a satisfactory service to his or her master who has employed him or who has assisted him in securing the public office. Some even particularise the appointment of a Judge to the effect that such a person cannot be a Judge in a State other than his or her State of origin. All these statements in my humble view (with due respect to the proponents), are not true about the appointment of a Judge of a High Court. This paper is aimed at making clarifications on the above statements and submits that the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution- is the basis of determining the appointment of any person or lawyer as a Judge of a High Court (and other superior courts of records).

First and foremost, I must state that the judicial structure of the Magistracy is entirely different from that of superior courts. Therefore, it is the structure of Magistracy that a Judge of that court upon employment continues to be promoted or rise to the level of becoming a Chief Magistrate (or Chief District as the case might be). He also retires on that sit of being a Magistrate or being a Chief Magistrate when he reaches his retirement age in service. It is not a must for such a Magistrate to proceed to the High Court from the Magistrate Court. More so, for the purpose of appointment as a Judge, there is no connection between the Magistrate Court and the High Court. Appointment to the office of a Judge of a High Court is dependent upon the qualifications as specified in the Constitution and has nothing to do with the office that the applicant or candidate to such office is currently working at the time of application or nomination as a Judge of High Court. The determining factors are: i. the Constitution. ii. The National Judicial Council Rules for the appointment of a Judicial Officer. I am not aware to the best of my knowledge that the Constitution or the NJC’s Rules ever states or mandates that an applicant or a nominee to a Judicial office must either be a Magistrate or a public officer ahead of those qualifications stated in the Constitution for consideration of a person to the office of a Judge of High Court. Therefore, the qualification for a Judge of a Federal High Court is provided in section 250 of the Constitution thus ‘250.—(1) The appointment of a person to the office of Chief Judge of the

Federal High Court shall be made by the President on the advice of the National Judicial Council subject to confirmation of such appointment by the Senate. (2) The appointment of a person to the office of a Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council. (3) A person shall not be qualified to hold the office of Chief Judge or of a Judge of the Federal High Court unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.’. Also see: section 256 of the Constitution for a Chief Judge or Judge of the High Court of the FCT; section 261 of the Constitution on appointment as a Grand Kadi or Kadi of the Sharia Court of Appeal; section 266 of the Constitution on appointment of a President or Judge of the Customary Court of Appeal of the FCT; section 271 of the Constitution on State High Court; section 276 for State’s Sharia Court of Appeal; section 285 for State’s Customary Court of Appeal; and section 6 of the Constitution (Third Alteration Act), 2010.

Furthermore, having regard to 4(b) and (e)(i) of the 2014 Revised NJC Guidelines & Procedural Rules for the Appointment of Judicial Officers of all Superior Court of Record in Nigeria, a lawyer in active private practice or a Magistrate or a lawyer in the public office or a legal assistant or a Registrar or an academic may qualify to being appointed as a Judge of a High Court, so far he meets up with the criteria set down by the NJC for such appointment. Therefore, a lawyer in the private practice who has interest in being appointed as a Judge of High Court needs not run around or compulsorily seek employment in the public service all for him to be appointed as a Judge after being not less than 10 years of being qualified to practise as a lawyer and it is not necessary that such a lawyer is appointed as a Judge only where he is from that particular State (except the Federal Character that is considered for the purpose of a Federal Judicial Officer, where necessary).

Finally therefore, arising from the above analyses, it is clear that you do not need to be a Magistrate or public officer to qualify to be appointed as a Judge of a High Court (or any of the superior courts of record), you can be appointed even if you do well (actively) in the private practice.

Email: hameed_ajibola@yahoo.com

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