The Nigerian Bar Association has called for the removal of the Chief Justice of Nigeria as the chairman of the National Judicial Council, arguing that the 1999 Constitution arrogated too much power to the CJN.
This was contained in a communiqué issued at the end of the 51st Annual General Conference of the association, which took place in Port Harcourt between August 21 and August 26, 2011.
The communiqué, signed by the NBA President, Joseph Daudu, read, “As a result of over concentration of powers in the office of the Chief Justice of Nigeria by the 1999 Constitution leading to the abuse of such powers by the incumbent CJN, particularly in all the matters leading to the face-off between the CJN/PCA, the CJN should henceforth cease to be the chairman of the NJC and all other similar constitutional and statutory bodies.
“Furthermore, it is resolved that any suitable Nigerian with requisite experience, impeccable records of service and competence (like a retired Justice of the Supreme Court, former President of the NBA, professor of law or any legal practitioner etc.) could be appointed as chairman for only one term of five years.”
The conference resolved that the next CJN should not be any one who had either directly or indirectly participated in the ongoing attercation at the apex judicial body.
It stressed that, at best, such a person must be appointed from outside the Supreme Court to ensure transparency and continued sanctity of the judicial process.
The lawyers said the appointments into the bench at whatever level, the higher bench especially, must henceforth be predicated on merit and the recommendation of the bar to ensure that only quality people were elevated as judicial officers.
On the six-year single tenure bill, the conference affirmed and reiterated the stance of NBA at Katsina that the proposed bill by the presidency for the President and governors was a distraction.
It stated, “The bill is opportunistic and self-serving as the President was expected to build on the gains of the last elections rather than on political exigencies.
“The President should rather concentrate on economic transformation and deliverables rather than mundane constitutional amendments.”
Also the lawyers resolved that the government and legislature should pass laws for the effective enforcement of social, economic and cultural rights of Nigerians, irrespective of place of residency or state of origin.
The conference resolved, “That government at all levels should urgently take measures to address the contentious yet never-ending issue of ethnic identity or indigeneship versus citizenship with greater emphasis on residency rights to effectively address and permanently solve the recurring ethnic crises in many parts of the country.”
By Simon Utebor, Port Harcourt Courtesy Of: Punch
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