Tangale Community Development Association (TCDA) in Gombe state have expressed worry over what it described as deliberate omission of Justice Beatrice Iliya in a nomination list sent to National Judicial Council (NJC) by Gombe State Governor, Mohammed Inuwa Yahaya for interview/appointment as Chief judge of the state.
The community expressed the feeling in a statement by its Public Relations Officer, Rivers State chapter, Moses Lautangle in a release made available to Duaglobalnews, an online publication in Lokoja on Wednesday.
It noted that, the Governor had nominated and forwarded the names of Justices Muazu Pindiga and Joseph Awak to the National Judicial Council(NJC) for interview and subsequent appointment/confirmation of either of the two as substantive Chief Judge of Gombe State.
The association said: “We recognize the constitutional role of state governors in the process of appointing Chief Judges of their respective states.
“In similar vein, we also appreciate the efforts and commitment of His Excellency Alhaji Mohammed Inuwa Yahaya, toward moving the process of appointing a substantive Chief Judge for Gombe state forward.
“We are, however, dismayed that the name of Justice Beatrice Iliya was deliberately omitted from the list.
“At this juncture, it is important to state, categorically, the obviously deliberate and ill-advised omission of Justice Beatrice Iliya’s name from the list of nominees sent by His Excellency to the National Judicial Council for scheduled interview for the position of Chief Judge of Gombe State.
“Thi is a reflection of the orchestrated bias and ill-treatment she has been subjected to since her appointment and clandestine removal as Acting Chief Judge of the state.
“It also represents a disturbing contravention and politicisation of, and open affront to the extant provisions that recognize “hierarchy” (within the judicial arm) as well as “legal qualifications” as basic requirements for appointment to the office of Chief Judge.
“Justice Beatrice Iliya has not only met all the requirement but also earned, by virtue of her hard work and long years of meritorious service and dedication to the cause of Justice in the state and county at large.
“Going forward, it is appropriate to factor the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which are inequivocal in their stipulation of the qualifying criteria and subsisting conditionalities for the appointment of Chief Judge of a state.
“For purpose of clarity, we shall take the pains to quote these constitutional provisions, using same as the basis to fault and question the propriety of His Excellency in excluding the name of Justice Beatrice Iliya from the list of nominees for the position of Chief Judge of Gombe State.
“First, the 1999 Constitution (as amended) provides in Section 270(2) 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. Furthermore.
“The Constitution(as amended) states in Section 271(1) states 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”.
“From the above,it is clear that these provisions of the Constitution intend 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.
“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.”
“By implication, it is right to assume then that the Chief Judge of a State can only be appointed from among the Judges of the High Court of the State.
“Second, the 1999 Construction(as amended) also states in Section 271(4) 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(emphasis ours) Judge of the High court to perform those functions.”
“Now, if the letters and spirit of the Constitution is sacrosanct, then, it is a valid submission 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 the most senior Judge of the High Court of a State is the most suitable to be appointed to the office of Chief Judge of that State.
“This in a substantive capacity, provided it has not been proven that the individual has questionable integrity.
“Looking at the various Constitutional provisions quoted above and the logical interpretations made thereof, it can be sayed, without doubt, that Justice Beatrice qualified to be nominated as a candidate for the position of Chief Justice of Gombe state.
In the same vein,she is also by all ramifications the most suitably qualified to be appointed the substantive Chief Judge of Gombe state.
“With the current development therefore, we find it not only ridiculous and absurd that Justice Beatrice Iliya,did not make the list of nominees for appointment as Substantive Chief Judge.
“She is eminently qualified in both character and learning and being an active Judge of Gombe State High Court and the most senior Judicial Officer in Gombe state Judiciary and who was deemed qualified to be appointed to serve as Acting Chief Judge.
“Well for us, there can only be one interpretation of the deliberate and calculated exclusion of Justice Beatrice Iliya from the list of nominees for the office of Chief Judge of Gombe State.
“It simply a deep-seated political bias driven by religious and tribal bigotry as well as the primordial sentiments toward the female gender.
“Having made our submissions on the matter of the politicization of the appointment of the Chief Judge of Gombe State, we wish to humbly call on His Excellency, Alh. Mohammed Inuwa Yahaya to as matter of urgency toe the line of Justice and fairness.
“We also call on him to uphold the Oath he has sworn to treat everyone fairly and equally without consideration of gender, tribe or religion.
The community also urged Chief Justice of Nigeria and Chairman,National Judicial Council to ensure that justice is done in the case, based on its submission.
“We make bold to say that the responsibility of building an egalitarian society belongs to all of us and in exercise of that responsibility.
” We must not only eschew all forms of bias, sentiments and inordinate ambition but also take a stand to defend every institution of government and salvage it from the predatory claws of power-drunk and greedy individuals,” the community said.
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