*Bars 2022 Candidates From Interfering With New Abia Judicial Appointments
In a ruling delivered on July 26, 2024, the National Industrial Court, Owerri Division, upheld the Abia State Judicial Service Commission’s (JSC) constitutional right to initiate a fresh judicial appointment process for the Abia State Judiciary. The decision was made in suit no. NICN/OW/05/2024.
Justice N.C.S Ogbuanya held that the JSC can call for expressions of interest and shortlist suitable candidates to recommend to the National Judicial Council (NJC) for appointment, as long as it obtains the necessary approvals.
The suit was instituted by the Attorney General of Abia State against the JSC, some 2022 shortlisted candidates, and the NJC. It sought the court’s intervention to allow the JSC proceed with a new 2024 appointment exercise, after the 2022 process became mired in allegations of impropriety and stalled by litigation up to the Court of Appeal.
Justice Ogbuanya declared that the 2022 shortlisted candidates “do not have the power to interfere” with the JSC’s constitutional mandate to kickstart a new appointment round. The judge granted an order of perpetual injunction restraining them from disturbing the fresh exercise. He also directed the JSC “to continue with the process of appointment of Judges of the Abia State Judiciary”, having obtained requisite approvals from the NJC.
The court found that the JSC had substantially complied with the relevant provisions of the 1999 Constitution and the Revised NJC Procedural Rules in commencing the 2024 appointment exercise. It noted that the earlier 2022 process was marred by “gross allegations of corruption” which prompted the state government to set up an investigative panel. As such, discarding the initial exercise and initiating a new one was within the JSC’s powers.
Justice Ogbuanya emphasized that irreversible legal rights only accrue to successful candidates after scaled the final selection interview at the NJC and get recommended to the State Governor for appointment. Since the 2022 process never got to this stage before becoming stalled, the court held that no vested rights had crystalized in favor of any of the previous shortlisted candidates.
The decision clears the path for the Abia State JSC to proceed with addressing the urgent need for more judges in the state judiciary. The court noted that failure to appoint new judges was hampering the administration of justice and career progression of judicial officers from the state. It remains to be seen if the 2022 shortlisted candidates will appeal this judgment.