NBA Accuses Leadership of Judiciary of Deliberately Excluding Senior Advocates as Justice of Supreme Court
Tobi Soniyi
The Nigerian Bar Association (NBA) has accused the leadership of the judiciary of deliberately excluding lawyers, especially Senior Advocates of Nigeria from appointment as Supreme Court justices.
In a communique issued at the end of the meeting of the National Executive Committee of the association in Jos, Plateau State and signed by the association’s president, Augustine Alegeh (SAN), the NBA said despite the new guidelines which allow lawyers to be appointed into the higher bench, the leadership of the judiciary was making it difficult for lawyers to be appointed.
The communiqué read: “NEC commended the Chief Justice of Nigeria for amending the guidelines for the appointment of justices of the Supreme Court to include appointments of deserving Senior Advocates of Nigeria.
“NEC noted that despite the impeccable records and deep knowledge of the law of NBA nominees, the final decision was based on number of judgments delivered when it is a known fact that lawyers do not write judgments.
“NEC urged the Chief Justice of Nigeria to initiate a holistic review of the appointment guidelines to accommodate lawyers as doing so will inject new blood and improve efficiency of the Supreme Court.”
The association also noted with concern the worrisome trend of disparaging the judiciary and judicial officers by the political class and other disgruntled persons in the course of the performance of their judicial duties in an attempt to malign, intimidate them and infuse fear.
NBA’s NEC resolved that any member of the NBA involved in such unprofessional conduct should be sanctioned.
The association restated the independence of the judiciary and called on all the other arms of government to ensure that the independence of the judiciary was maintained and observed at all times.
“NEC resolved that the NBA shall continue to uphold and safeguard the integrity of the judiciary and shall rise to the defence of the judiciary whenever judicial officers are unfairly attacked by the political class and other members of the public,” the communique read.
The association noted that the federal and some state governments were unduly delaying the payment of the salaries and allowances of judicial officers and staff.
It said: “This is a worrisome development in view of the losses suffered by the nation as a result of the last Judicial Staff Union of Nigeria (JUSUN) industrial action in 2015.
“NEC reiterated the need for full compliance with the provisions of the constitution on the financial autonomy of the judiciary in order to ensure the independence of the judiciary and to prevent unnecessary interference in their affairs by the other arms of government.
“NEC resolved that the federal and state governments should as a matter of urgency set up measures to tackle issues of non-payment of salaries and allowances of judicial officers and staff and to take robust steps to ensure full compliance with the constitutional provisions on judicial autonomy.”
The association also noted with displeasure the steps taken by “certain overzealous operatives of government hiding under the guise of fighting corruption and criminality to apply unlawful techniques in harassing and intimidating lawyers in the course of their legitimate work.”
It declared such unlawful practices by these overzealous operatives of government as totally unacceptable and morally reprehensible.
It further noted that the investigation and/or prosecution of corruption cases would be a sham if the agencies involved in the investigation and prosecution enjoyed the services of lawyers, but the accused persons were denied access to counsel of their choice.
It stated that lawyers carrying out their legitimate duties of representing their clients within the ambit of the law should not be wrongly classified as persecuting or aiding corruption.
“Our law provides for the presumption of innocence until proved guilty.”
NEC resolved that lawyers would continue to offer their legal services to all clients in accordance with law and in compliance with the Rules of Professional Conduct for Legal Practitioners,” the communiqué added.