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Publication of expression of interest of appointment of new judges unconstitutional when other recommended judges have not been sworn in

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The Edo State Judicial Service Commission Must Uphold the Law In Its Activities, Publication of Expression of Interest of Appointment of New Judges Unconstitutional When Other Recommended Judges Have Not Be Sworn In

By Vanguard for the Independence of Judiciary

The Vanguard for the Independence of the Judiciary has called on the Edo State Judicial Service Commission to be judicious and comply with the Rule of Law in its activities stating that the recent publication for appointment of New Judges when 3 out of 8 Judges recommended by the National Judicial Council since June ,2023 have not be sworn in is Unconstitutional.

In a statement in Abuja by Its Programmes Officer, Deborah Christopher on Friday the 4th of October, 2024, the Vanguard for the Independence of the Judiciary States that:

The Vanguard for the Independence condemns in all ramifications the attempt by the Edo State Judicial Service Commission to topple Constitutional Order by advertising for the appointment of 3 additional judges for the Edo State Judiciary, when there are 3 Judges already recommended for appointment by the National Judicial Council and the Governor of Edo State refused to swear them in out of personal vendetta.

The Governor of Edo State firstly refused to swear in 8 Judges recommended by the National Judicial Council for about a year and there was dead silence from the Edo State Judicial Service Commission. When the Governor woke up from a good side of his bed he swore in 5 of the 8 Judges, which notice was given to the Newly sworn in Judges by phone calls and text messages, an anathema unknown in the history of Nigerian Judicial Trajectory. The Governor of Edo State has treated the Edo State Judiciary as an extension of the Government House in these matters and despite the brazen impunity of the Edo State Governor in refusing to swear in the other 3 Judges, the Edo State Judicial Service Commission maintained a grave side silence.

The Edo State Judicial Service Commission that have been unable to uphold the Law in this matter , has suddenly found its voice in an attempt to circumvent constitutional order, by advertising for appointments already officially concluded by the National Judicial Council by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended ),by the fifth alteration.

The timing of the advertisement is also suspect as we know that the same Governor that has been in the Vanguard of not swearing in the NJC recommended Judges ,will cease to be Governor on the 12th of November 2024 .So is this recruitment process an attempt to foist a fait accompli on the incoming Government?

We call on the Edo State Judicial Service Commission to be wary not to be caught up in a needless political cross fire. The Service is a quasi Judicial Body run by Judicial Officers. It is apposite for the Edo State JSC to heed to voice of reason to protect the integrity of the Judiciary and not for it to be perceived to giving an official imprimatur to executive recklessness and bureaucratic brigandage. The Edo State Judiciary over the years comes top in the whole of Nigeria in its adherence to due process and proper procedure. May the Labour of our Heroes’ Past do not become in vain”.

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