Appointment of Heads of Superior Courts of Records In Nigeria: Between Merit, Seniority And Politics
Abstract:The question of who heads a court of record in Nigeria is more than a head line but has valid issues as to whether the appointment should be based on merit, seniority or should be cloth with political connotations. These arguments call for resolutions between established tradition and content of written law. The paper has appraised the relevant factors and call for the depolarisation of the exalted office of the Chief Justice of Nigeria and indeed any head of court of record in Nigeria for purposes of enhancing professionalism. The paper calls for absolute insulation of the judiciary from politics and calls for amendment of certain constitutional provisions namely, sections 231 (1), 238 (1), 250 (1), 256 (1), 261 (1), 266 (1) 254 (A), 271 (1), 276 (1) and 281 (1) so as to strip the President/Governors of the power of appointing Heads of Court of Records. The power of appointment of the various Heads of Courts should be the Supreme powers of the National Judicial Council (NJC) in accordance with the provisions of section 153(1) and 158(1) of the Constitution as well as the true spirit of the rule of law and independence of the Judiciary. Also, the provision of section 5, Part II of the Third Schedule to the Constitution which include the Attorney-General of the State from being a member of the State Judicial Service Commission should also be amended in the true spirit of clothing the judiciary with its independence as far as appointment and discipline of judicial officers are concerned. This paper however is limited to the criteria of appointment of Heads of Courts of Records in Nigeria.
Download File [ 1.55 MB ]