Reps Urges NJC to Revisit Appointment of High Court Judges in FCT
The Nigeria’s Federal House of Representatives has urged the National Judicial Council NJC to revisit the issue of appointment of High Court Judges into the 12 vacancies positions in the Federal High Court to reflect Federal character.
The House also urged the Chief Judge of the Federal High Court Abuja to immediately halt the recruitment process until there is compliance with the Federal Character policy of the Federal Government.
The resolutions followed the adoption of a motion brought by Hon. Igariwey Iduma Enwo, member representing Afikpo North and South Federal Constituency of Ebonyi State on the matter at plenary on Tuesday.
Hon. Iduma Enwo in his lead debate noted that the High Court is one of the Judicial bodies in the Federal Capital Territory Judiciary established by Section 255 of the constitution of the Federal Republic of Nigeria, 1999.
He further noted that in the past few days, the media and the civil Society Community have expressed serious concerns and protestations over the proposed list of states to fill the 12 vacant positions in the High Courts of the Federal Capital Territory.
The Lawmaker observes that information in the public space is to the effect that the proposed list is expected to be sent to the National Judicial Council by the 19th of February, 2024, for vetting by the NJC, and subsequently to the Senate for confirmation.
The Lawmaker said the House is “Cognizant that under the High Court of the Federal Capital Territory, Abuja (Number of Judges) Act 2003, the principle of Federal character of Nigeria, shall be applied in the appointment of Judges of the Court; implying that the number of judges of the FCT High Court must always reflect the 36 states and the FCT.
He said the House is, “Concerned that whereas every state of the federation has judges from their respective states appointed in the FCT High Court system, 4 states, namely, Ebonyi, Abia, Imo and Bayelsa, do not have a single indigene from their states appointed and sitting in the FCT High Court system.
The House is worried that Ebonyi State in particular is doubly discriminated against too, and has none of its judges appointed in the High Courts of the FCT, and yet was not listed as one of the states to apply for the vacant 12 positions sought to be filled.
“Further aware that according to the FCT website, at least 7 Magistrates from the four unrepresented states of Ebonyi, Abia, Imo and Bayelsa are currently qualified, and working in the FCT Court system as Magistrates, in addition to qualified private legal practitioners from these states who are willing and eager to apply to fill these vacant positions”.
The Lawmaker therefore argued that the non-representation of judges from 4 states in the High Court System of the FCT, when some others have as many as 3 judges representing them, is a gross violation of S14(3) of the 1999 constitution which requires staffing from the 36 states and the FCT.
The mover of the motion said that, The fact that the underlying philosophy of the Federal Character Commission principle is to provide equality of access in public service representations, curb dominance by one or few sections of the country, promote inclusiveness and national unity.
He pointed out that the violation of this principle of our constitution may not only be destabilising, but could open the flood gates to litigation.
Consequently, the House unanimously adopted the motion, was put into voice vote and was referred to the Committees on FCT Judiciary for further legislative action.
