THE APPOINTMENT OF A SUBSTANTIVE CHIEF JUSTICE OF NIGERIA- MY CANDID OPINION

[BEN USANG]

CANDID OPINIONS- 2^ND FEBRUARY,2017

THE APPOINTMENT OF A SUBSTANTIVE CHIEF JUSTICE OF NIGERIA: The Discretion of the President and the Senate’s power of confirmation.

As the February 10^th 2017 terminal date for the end of the Acting appointment of Justice Walter Nkanu Onnoghen as the Acting Chief Justice of Nigeria inches closer, agitations by various interest groups,  demanding the Presentation of the Distinguished Justice by the President to the Senate for Confirmation, heightens. The groups demanding that the President submits the name of the Justice has been mainly from his state of origin alongside other groups like Afenifere in other parts of Southern Nigeria. It is not so surprising that these agitations are  coming from these quarters being that a Justice from Southern Nigeria last occupied the office of Chief Justice of Nigeria in 1987 when the position was held by Justice Ayo Irekefe.

As a Cross Riverian from the Same Senatorial District as the Acting Chief Justice of Nigeria, convinced that by the Recommendation of the National Judicial Council to the President for his appointment,  he is qualified for the position, I will easily have joined the clamor for his nomination by the President for Confirmation but I will rather choose to rely on my deep understanding of the working of the Presidential System of Government in a democracy while not being unmindful in any way that our constitution provides for Federal Character principle in appointments into positions of Government. Apart from the President’s appointment of a Minister from Cross River State, which is constitutionally enshrined, the President has not hesitated to forward the names of duly qualified Cross Riverians to other very important positions for confirmation. Today the Chief of Naval Staff, the Head of the Federal Civil Service, the Auditor General of the Federation are Cross Riverians, the senior Special assistant to the President on Prosecution, a Cross Riverian, was Nominated by the President to hold the South South Slot in the Nigerian Communications Commission. The question that all will be asking is why the President up till now has not sent the name of the Acting Chief Justice who in recent times has been one of the few justice from Southern Nigeria to be qualified for the Position considering that former President Jonathan during his tenure never hesitated to forward Northern Nigerians recommended by the National Judicial Council for Confirmation.

Let me state that it should be clear that the appointment of Supreme court Justice or even the Chief Justice is not entirely removed by our constitution, just like the constitution of the United States of America, from political interest of the President. President  Trump just nominated a conservative to take over the vacant position in the Supreme Court even when the Senate had refused to consider the Liberal Nominee of former President Barack Obama by a Republican Dominated Senate of the country. It is my CANDID OPINION that the President fully reserves the discretion to forward the name of the Acting Chief Justice to senate for Confirmation or not to do so as our Presidential system allows him to determine whether or not his nominee can promote his Political agenda. Having said that, I HOLD THE POSITION, that in furtherance of our federal character principle the substantive Chief Justice of Nigeria, to be appointed, must be from Southern Nigeria excluding the south west, considering that the highest ranking political positions in the Country have been distributed to the other Four Geopolitical zones in the country excluding the South South or South East. The Buhari’s administration while not ignoring the selection of persons for appointment based on who it deems most qualified and appropriate for his agenda should not overlook the balancing of the various contending interest in the country for equity, peace, justice and fairness.

While the attention of this matter is on the Presidency, the senate and the National Judicial Council is also only critical for the appointment of a substantive Chief Justice of Nigeria. I believe this is the right time for the senate by a resolution to make its position known on which zone the substantive Chief Justice should come from. I am sure if truly the senators are indeed Senators of the Federal Republic of Nigeria, they will insist that the President nominates a qualified Supreme Court Justice from the South South or South East Zone recommended by the National Judicial Council. THIS IS MY  CANDID OPINION- Leader Ben Usang