Who becomes the next CJ of Adamawa State?
While the lacuna lasted, the Adamawa State branch of the Nigeria Bar Association (NBA), was sufficiently alarmed that it threatened to boycott all state courts unless a new CJ was appointed and sworn-in. But why was a new CJ not appointed to replace Justice Bansi immediately after his retirement? To the NBA, “one cannot resist […]
While the lacuna lasted, the Adamawa State branch of the Nigeria Bar Association (NBA), was sufficiently alarmed that it threatened to boycott all state courts unless a new CJ was appointed and sworn-in.
But why was a new CJ not appointed to replace Justice Bansi immediately after his retirement? To the NBA, “one cannot resist the temptation of calling the government of Adamawa careless if not insensitive”. At a press conference held at the NUJ press centre in Yola on 21st July 2011, the Adamawa State NBA chairman, Barrister Jerry K. Dzarma, angrily observed: “the mistake that is being made is that of considering an arm of government to be inferior to the other. Otherwise, we should have learnt a lot about transition in government to have avoided the situation we are facing. When the Court of Appeal upheld the nullification of the election of Governor Nyako in 2008, the then Speaker of Adamawa State House of Assembly, Mr James Barka, was sworn-in the same day the judgment was passed, as acting governor. Why is the judiciary being treated differently? There is no arm of government that is inferior to other. The office of Chief Judge is as good as the office of the governor, if not better for obvious reasons”.
While the vacancy lasted, justice was largely held in abeyance as, for instance, some cases that can only be assigned to judges by the CJ had to wait.
But while the NBA considers the state government’s action on this issue as careless or insensitive, perceptive observers discern a web of intrigues aimed at pandering to some narrow selfish, ethnic and religious sentiments.
Section 271 (4) of the amended 1999 constitution clearly states that, “if the office of the 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.”
Accordingly, it is envisaged that there would be no vacuum whatsoever in the office and functions of the CJ.
Fortunately – even if belatedly, Justice B. P. Lawi was sworn–in as acting CJ of Adamawa State on Thursday 21st July, 2011. As the most senior judge of the state high court, Lawi’s appointment neatly meets the requirement’s of section 271 (4) of the constitution.
While the person to be appointed CJ of the state either in acting or substantive capacity would naturally elicit some interest, the NBA and other objective stakeholders are more interested in ensuring that things are done in strict compliance with the provisions of the constitution, hence the widespread relief in the appointment of Justice Lawi. Apart from being the most senior judge, Lawi is also known to be honest, hardworking, calm, competent and versatile. At 61 years of age, he has for years to serve and retire. Ordinarily, all these would have enhanced his eventual conversion from acting to substantive CJ.
However, feelers indicate that the Adamawa State government is contemplating the appointment of someone else in utter disregard of the constitution but in consonance with its avowed antics of nepotism, tribalism and religious bigotry.
Of the three arms of government namely the executive, legislature and judiciary, the judiciary, has hitherto been least tainted by seedy shenanigans and divisive sentiments over tribe, religion or region. In Adamawa State, the judiciary should be insulated from these centrifugal forces by ensuring that the next substantive CJ is appointed in conformity with provisions of the constitution which clearly prescribed seniority in the judges cadre rather than genealogy, tribe, religion or other divisive sentiments.
Malam Usman Tukur, writes from Mubi Town, Adamawa State