Bauchi judiciary denies employing, appointing judicial officers

The Bauchi State Judiciary has made it clear that it is not hiring or appointing new judicial officers, but is promoting deserving officials in accordance with relevant laws and filling existing positions that have become vacant following recent promotions.

In response to the State House of Assembly’s recent statement regarding the development, according to State High Court Chief Chancellor Barr Subilim Emmanuel Danjuma, “the state judiciary has separated from the state ministry of justice. The state judiciary, like the executive and the legislative body, is an organ of government. 6 (2) of the Constitution of the Federal Republic of Nigeria of 1999 (as amended) ”.

He added: “The Justice Department, like any other department, is a legal department of the executive branch. The Ministry of Justice has no oversight function over the judiciary, as this was never provided for in our constitution. “

“It goes without saying, then, that the Justice Department has no authority to appoint or appoint judges for the state justice system. The appointment, promotion and disciplining of judicial officers and judicial staff is the sole responsibility of the Judicial Service Commission, one under s. 197 (1) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Therefore, any alleged exercise carried out by anyone or any agency in relation to not only state judicial officers but even judicial personnel is pointless, ”he said.

“To get the records right, the Bauchi State judiciary, and the Sharia Court of Appeals in particular, have a labor shortage at both the Upper and Lower Banks. This is borne by the massive loss of overtime staff without replacement, ”he explained.

He added: “This can also be seen in the recent appointments of Grand Kadi and Four Kadis, which add up to the Higher Bank by His Excellency the Governor of Bauchi State. With this in mind, the commission, in its wisdom, decided to seek the governor’s approval and approval to promote merited and qualified lower judges to the rank of Sharia Higher Judge to make up for this deficiency ”.

He stated that “the governor, in his generosity, has granted the motion. For its part, the management of the Sharia Court of Appeal shortlisted 36 Sharia judges and submitted letters to fill the existing 18 vacancies in 2021. .

According to the Chief Registrar, “It should be noted that the Judicial Service Commission, in its session No. 004 on October 5, 2021, approved the promotion of 18 of the 36 Shariah Judges to the position of Shariah Superior Judges in the exercise of. has considered and approved its powers under Section 6 (c) of Part II (C) of the Third Annex to the Constitution of the Federal Republic of Nigeria (as amended). “

“You may be interested to note here that no appointment has been made by the Commission, as the media mischievously says. The seamless and unfair allegations that follow the promotions seem to suggest that this humble promotion was irregular and one-sided, ”he lamented.

He then stated: “We are not here to solve problems with anyone, but we are here to explain to unrepentant minds that the appointment of judges, unlike other appointments, is a highly sensitive matter and is regulated by national judicial policy. Judicial Appointment Guidelines and Code of Conduct for Judicial Officials. “

* For the avoidance of doubt, every aspect of the judicial appointment process should be such that it requires public respect and trust that the best person in terms of skill, erudition, integrity and courage will be appointed as a judicial officer, ”stated the Chief Chancellor.

He continued: “It is a fundamental and fundamental aspect of judicial policy that the process of appointing judges must be transparent and performance-based. Indeed, the standard of appointment in terms of skill, competence, integrity and conduct must not be compromised and must be strictly adhered to. See paragraph 2.1.4 of the National Judicial Policy of April 2016. “

Emmanuel Danjuma assured that any standards used in appointments are the standards used in the promotion of all judicial officials through the commission, saying that the provisions of Article 202 of the Constitution clearly state that when exercising theirs Functions the commission is not subject to any instructions or controls from any other authority or person.

He said: “We must reiterate here that a transparent and well-designed appointment process is essential to an efficient and independent judiciary in order to gain public confidence in the administration of justice and to promote and protect the rule of law and human rights. ”

“We have to say aloud today that the judiciary is apolitical. The politics of zoning or geographic distribution have no place in judicial promotion. We should not be dragged into the murky waters of politics and sectarianism as it defiles the sanctity of the Temple of Justice. We assure the public that the Commission is aware of its powers and responsibilities and even during the appointment, ”he concluded.


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