Was the CJN Wrong to have appointed his brother Chief Auditor at NJC? Agbakoba, Alubo, Ikeazor, others speak

By Lillian Okenwa

While a number of lawyers and public affairs analysts have excoriated the Chief Justice of Nigeria (CJN), Hon. Justice Olukayode Ariwoola, for the appointment of his younger brother as Chief Auditor at the National Judicial Council (NJC), many have also wondered whether there was anything wrong with Mr. Adebayo Ariwoola easing into the role, having been in the employ of the NJC before his brother became a CJN.

Many, including retired justices of the apex court have called for the unbundling of the powers of the CJN whose oversight functions include serving as Chairman of the NJC which oversees both the appointment and discipline of judges, Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI) and the Legal Practitioners Privileges Committee (LPPC) that appoints Senior Advocates of Nigeria.

Speaking on the appointment of Adebayo Ariwoola, notable rights advocate, Dr. Olisa Agbakoba, SAN said: “My comment is that it is very important that the outstanding comprehensive report by late CJN Dahiru Musdapher should be implemented with urgency. The CJN is too powerfully linked and intertwined with all key judicial offices that it is likely to make anyone appointed CJN tainted . The days of the great CJN’s who acted with restraint in spite of enormous powers are long gone. Massive reforms of Judicial Administration is needed.”

But to an ex-First Vice President of the Nigerian Bar Association (NBA), Mr. Ikeazoer Akaraiwe, SAN, “When you consider the fact that the CJN is billed to retire in 8 months, and his brother was already a deputy auditor in the same establishment, the hue and cry may seem unnecessary.”

Professor Alphonsus Okoh Alubo, SAN called for caution. “So much has been said about the appointment by the Chief Justice of Nigeria, days ago, about the appointment of his younger brother, Adebayo Ariwoola, as the new Auditor of the NJC. I am not aware if he is Internal or External Auditor. That is also immaterial. What is relevant ,is that the younger brother Adebayo Ariwoola ,oversees, superintends over Financial transactions of a Council, headed by his older brother.

“It is alleged that it is incestuous, immoral and must not be allowed as it impugns transparency and engenders conflict of interest. I know that the Ariwoolas have an expansive family tree but I want to be more cautious. I have a feeling that Adebayo Ariwoola, has always worked at NJC and it is a case of a worker rising through the ranks and his appointment, may be coincidental, as anyone that is CJN at this time, may have appointed him.

“What the CJN and his brother, should know is that, members of the Public are interested in the matter and they have raised issues of likely less transparency, opacity, potential conflict and likelihood of bias in the handling of NJC’s financial auditing matters. They would need to be circumspect and like Caesar’s wife, must be above board. It is preposterous and absurd, that others have asked Adebayo Ariwoola to resign. I do not see that happening.”

This appointment is coming not long after the CJN swore-in his son, Olukayode Jnr, as one of the 23 new judges of the Federal High Court. His nephew Justice Lateef Ganiyu, one of the three justices who decided the Kano Governorship appeal was sworn-in on September 20, 2023.

Condemning the appointments, Law teacher and an ex-Chair of the National Human Rights Commission (NHRC) Chidi Anselm Odinkalu took to his X handle to make an analogy.

Another X user, Roy Biakpara toed the same line as Odinkalu.

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