On 27th June, 2020 was the date certainly Kogi People cannot forget in a hurry as its lost one of its respected legal icon, Chief Justice Nasiru Ajanah, the chief judge of the state to the dread coronavirus at isolation centre Gwagwalada Abuja.
The death of justice Nasiru Ajanah was a rude shock to every Kogite as he was adjudged as one of the most incorruptible, fearless and respected Judges in the land.
While Kogites and concerned Nigerians are yet to come to term that late Justice Nasiru Ajanah has gone for good, it is germane to note also that the constitution of the land does not give room for vacuum in the office of the chief judge of the state.
From ourworldgist investigation, there seemed to be ‘night interest meeting going on’ on who should be the successor of Late Justice Nasiru Ajanah, and it is on this premise that we approach our Columnist, Sani Michael Omakoji to tell us his opinion; on what he titles as “All Eyes On Kogi Judiciary As Nigerians Patiently Await The Successor Of Late Chief Judge Of The State, Justice Nasiru Ajanah”, he has this to say:
” As the unusual calmness currently being experienced across Kogi State continues as a result of sudden demise of the chief judge of the State, Late Justice Nasiru Ajanah, I, Sani Michael Omakoji, the author of this article is still battling with the unfortunate reality that one of the most respected legal luminaries who found favour in legal profession, His Lordship, Justice Nasiru Ajanah has passed on!
Indeed this dreaded pandemic call “coronavirus” has left a bitter memory that the good people of Kogi State cannot forget till the end of time.
While encouraging myself and other Kogites to remain strong at this difficult moment, it is instructive to say that the Constitution of Nigeria as amended in 1999 does not give room for vacuum in the office of a chief Judge of a state in an event such as Kogi has found herself.
The position of law is clear on this matter as Section 271(4) of the constitution of Nigeria 1999 as amended states:
“(4) If the office of Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.”
That is law as it doesn’t pardon ignorance neither sentiment in its interpretation and enforcement.
I shall give details analysis in applying more relevance portions of Nigerian Constitution 1999 as amended as we progress.
However, let us not go wide to lose track what triggered this article as it relates to the politicization of Kogi State judiciary leadership echelon following the demise of Chief Judge of the State, Late Justice Nasiru Ajanah.
Having given insight on the matter arising, let me go step further to xtray how Kogi state Judiciary leadership was/is chronicled since the creation of the state.
Upon the creation of Kogi State on 27th August 1991 by the then Military government headed by Ibrahim Badamasi Babagida ( IBB ), Justice Umoru Ere who was the most senior of the all Judges deployed from Kwara and Benue States became the state Chief Judge.
His appointment was done by the then Kogi State Military Governor Colonel Danladi Muhammed Zakari ( 1991 to 1992 ) without regard to tribe neither religion affiliation.
It may interest us to know that Justice Umoru Ere who was from the minority ( Bassa ) was appointed based on merit and seniority.
Regardless of the mixed up of the system of government ( Military & Civilian Rules ), Justice Umoru Ere found himself, he was in that position through the eras of: Prince Abubakar Audu ( 1992 to 1993 ), Colonel Paul Omerou ( 1993 to 1996 ), Colonel Bzigu Afakirya ( 1996 to 1998), Augustine Aniebo ( 1998 to 1999 ), Abubakar Audu ‘again’ ( 1999 to 2003 ), perhaps until Alhaji Ibrahim Idris who became Governor of the state in 2003 had a need to appoint Late Justice Nasiru Ajanah in 2008 following the recommendation of National Judicial Council ( NJC ) thus, that was after Justice Umoru Ere had attained the age of retirement.
It is imperative to note that despite the mixed up of the system of government that would have brought about sentiment to remove him from such position, Justice Umoru Ere remained the chief Justice of the state until his retirement age.
Again, Late Justice Nasiru Ajanah became the Chief Judge of the State based on seniority and merit as verified by NJC.
Let me say this that Governor Ibrahim Idris who was in charge of the state affairs at that time couldn’t have appointed his Igala brother or sister at the expense of Late Justice Nasiru Ajanah who was an Ebira Man because the law must be respected and preserved.
There is no room for politicking on his well deserved appointment as law must not bend its bar to favour whoever.
At this point, let me stress that it is therefore disgusting and an absurdity for some people to now begin to lobby about without respect for merit and seniority that, that position is exclusively for one particular tribe in Kogi state.
If I have to raise the bar of my analysis as I promised in paragraphs eleven above, WHO IS QUALIFIED TO BE APPOINTED TO THE OFFICE OF CHIEF JUDGE OF A STATE UNDER THE 1999 CONSTITUTION?
As I answered earlier but this time around in deeper context, the answer to the above crucial question can be found in sections 270 and 271(1), (3) and (4) of the 1999 Constitution (as amended).
Section 270 (1) of the 1999 Constitution (as amended) establishes the High Court for each State of the Federation.
Section 270 (2) of the 1999 Constitution (as amended) provides that the High Court of a State shall consist of – (a) a Chief Judge of the State; and (b) such number of Judges of the High Court as may be prescribed by a law of the House of Assembly of the State.
Section 271(1) of the same Constitution provides that the appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to the confirmation of the appointment by the House of Assembly of the State
It is clear from a literal interpretation of the above provisions that a person shall not be qualified to be appointed to the office of Chief Judge of a State unless he is first and foremost, a Judge of the High Court of the State.
And to be a Judge of the High Court of a State, a person shall be qualified to practice as a legal practitioner in Nigeria and shall have been so qualified for a period of not less than ten years.
Put differently, the Chief Judge of a State can only be appointed from among the Judges of the High Court of the State.
This position is supported by the provision of s. 271(4) of the 1999 Constitution (as amended) which provides that:
If the office of Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions the Governor of the state shall appoint the most senior Judge of the High court to perform those functions.
It is submitted that since only the most senior Judge of the High Court of a State is qualified to be appointed to the office of Chief Judge of the State in an acting capacity, it follows logically that a person who is not the most senior Judge of the High Court of a State cannot be appointed to the office of Chief Judge of that State in a substantive capacity.
It will be ridiculous and absurd to assume therefore that the constitution intends to allow a person who is not qualified to be appointed to the office of Chief Judge of a State in an acting capacity to hold that same office in a substantive capacity.
If the most senior Judge of the High Court of a State is the only person qualified to be appointed by the Governor as Acting Chief Judge of the State, it is very arguable that the constitution cannot intend that the person to be appointed to the office of Chief Judge of the State in substantive capacity should be anything less.
Put differently, it cannot be the intention of the Framers of the 1999 Constitution to make appointment of the Acting Chief Judge of a State more important than the appointment of the substantive Chief Judge of the State.
Clearly, to argue otherwise is not only to impute absurdity to the legislature but also to charge it with deliberately seeking to subvert the time-honoured tradition of orderly succession on the High Court Bench based on seniority and integrity.
In summary, from the ongoing analysis, it is evidential that that to be qualified for the position of the State Chief Judge, it is purely based on seniority and merit and any thing otherwise is to promote absurdity.
Hence, in the current unwarranted politicization of who will succeed late Justice Nasiru Ajanah, without sentiment, the next in seniority is Hon Justice Olusuyi who as a matter of fact was a classmate of the late Chief Judge, His Lordship Nasiru Ajanah.
As I conclude, let me say that while we yet mourn the demise of late Justice Nasiru Ajanah, who should succeed him does not call for lobbying, sentiment or tribalism as the position of the law is clear from the analysis done thus far and it can alone serve justice if Governor Yahaya Bello can urgently go ahead without sentiment, tribalism or favouritism make ‘pronouncement’ of the next chief judge of Kogi state without any further delay…”
Part 1
Sani Michael Omakoji
Public Affairs Analyst / Content Developer
Abuja – Nigeria
Email: Omakogibizventures@gmail.com
Twitter: @Omakogi1
