It’s true that in Nigeria, people always politicize and bring ethnicity cum religious colorations to virtually everything, certainly not for the good of the people or the society, but to simply massages someone’s ego or act on an orchestrated script designed for selfish interests.
In every saner society and for every occupied mind, sometimes it isn’t good to respond to every unsubstantiated claim, criticisms and outright lies. Because, not only glorifying the bankrolled script actors are the problem, but the time to be spent responding to the cooked lies too is so precious to be wasted. Nonetheless, some issues need to be addressed to avoid misinformation and misrepresentation of facts that would possibly mislead the general public.
It’s exasperating that, for the past couple of months, there have been needless and inauspicious gibberish and hogwash by some paid agents over the appointment of the revered Justice Mu’azu Abdulkadir Pindiga as the acting Chief Judge of Gombe State and subsequently recommending him to be the substantive CJ of the State as if there was any breach of constitution or flouting any procedure.
Fortunately, Judiciary is one place where things are done in accordance with law and order, not the other way round as alleged by the unscrupulous grumblers. Of course, there wasn’t any constitutional violation or denial of Justice Beatrice Iliya’s right as laughably alleged and coated with superfluous media hype. The NJC should not allow itself to be blackmailed by one sided media report and propaganda.
It’s despising for Justice Beatrice who must have been aware of all the constitutional provisions and legal rudiments concerning appointment of the Chief Judge of a State to have allowed herself to be teleguided and drawn by the nose by those who are supposedly learned in law but heavily clouded by sentiments. Now, few desperate politicians have joined the unholy bandwagon.
Let me for the avoidance of doubt and for the purpose of educating the rampaging educated illiterates, ethnic bigots, and flag-waving religious fanatics, bring what the constitution say on the appointment of the Chief Justice of the State. Section (271) sub-section (1) States that; the appointment of a person to the office of Chief Judge of a State shall be made by the Governor a State on the recommendation of the National Judicial Council (NJC) and subject to confirmation of the appointment by the House of Assembly of the State.
Equally, sub-section (3) also states that, a person shall not be qualified to hold office of a Judge a High Court of a state unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.
To ask a simple question, where was the seniority mentioned in the constitution? And to dispel the baseless argument, the duo of Justices Muazu Abdulkadir Pindiga and Beatrice Iliya were appointed High Court Judges in the same year and sworn in the same day. Justices, Mu’azu Pindiga, Adamu Jauro, Beatrice Iliya, Joseph A. Awak, Ibrahim Muhammed were appointed as High Court Judges of Gombe state on January 28, and sworn-in on February 19, 1999. So from where does this imaginary seniority came up from? Justice Beatrice isn’t Justice Mu’azu Pindiga’s senior. Let the two of them present their letters of appointments as High Court Judges to the NJC.
So, why all the frenzies and rages about the so-called seniority? For those sponsored elements and their bankrollers, their desperation has plunged them on a wrong track of argument as they got it so wrong and acted in a most embarrassing way.
Categorically, the constitution did not emphasis on the most mollycoddled and sugarcoated seniority even if the person is Christopher Safara Williams who is the first lawyer in Nigeria. Any lawyer or judge who has qualified to be appointed as High Court Judge can be appointed and revered Justice Pindiga is a brilliant lawyer who was called to Bar in March, 1988.
By all definitions and legal interpretations, appointment of Chief Judge of a State, is a Prerogative of the State Governor and in fairness to His Excellency, Governor Muhammadu Inuwa Yahaya, it was the same power he had enjoyed as the Governor by appointing Justice Beatrice as the Acting Chief Judge of the State and equally used in appointing Justice Muazu Pindiga in the same capacity after the expiration of her appointed term. Hence, he did not in any way acted in arbitrarily because he has the choice to appoint whoever he deemed fit while seniority, gender, religion and ethnicity aren’t in anyway, prerequisites for such appointment. On the other way, the ten years’ experience on the appointment of the High Court Judges which is the constitutional requirements has never been defied.
In fact, by asset of experience which is an added advantage, there’s no way one can matches the starling experience of Justice Pindiga with Beatrice Iliya as the former is by far ahead of the later. The said Justice Beatrice was from the state Ministry of Justice and not the Judiciary, so it’s not wrong if the Gombe state judiciary commission recommends Justice Pindiga who has been in the judiciary since Bauchi state days.
He was the acting Chief Registrar for one year and later appointed as the substantive Deputy Chief Registrar. He was also one of the finest officers of the state High Court. In fact, it’s good and justifiable for the state judicial service committee to appoint Justice Pindiga being the pioneer acting Chief Registrar when the state was created in 1996 where he later become the Deputy Chief Registrar of the State High Court and his appointment is akin to putting a square peg into square hole.
Justice Pindiga’s track records and superlative achievements and wealth of experience are unbeatable. In the then Bauchi state, he has wonderfully served in a various capacity; Judge of Federal Road Safety Commission, Judge of Rape Tribunal and he was the first to open the Tafawa Balewa Chief Magistrate Court and so on. While coming back to Gombe, he was the Chairman Environmental Sanitation in the state. Indeed, this is the man that knows the problems of the state judiciary.
Equally, one of the NJC’s guidelines, allows for a geographical spread when it comes to the issue appointment and the former CJ who has spent 20 years was from the Southern part of the State and it’s therefore not out of place for the present administration to appoint the next CJ from either Central where Justice Mu’azu came from or Northern zone.
On the FIDA’s gender prejudice, where were they when Justice Aliyu was removed in Bauchi State and a woman, Justice Rabi was brought in? No one has complained on the gender here.
History had it that in one of the North Eastern states, number six judge was appointed as the Chief Judge of the state and till today, he occupies that position.
From the date of his appointment to today, the Acting Chief Judge, Justice Muazu Pindiga was petitioned over six times and there have been sponsored media propaganda against his emergence which was legally done under the law of the land.
Today, Justice Beatrice has been gallivanting all nooks and crannies criticising the whole issue as if someone was erred in the eye of the law.
In fact, seemed not being perturbed over the needless uproar, from his first lap of appointment, Justice Pindiga has demonstrated high sense of professionalism and commitment which was what has certainly impressed and motivated the Gombe State Judicial Service Commission to recommend for the renewal of his appointment on acting capacity.
The milestone recorded by the illustrious Justice Pindiga during his acting capacity, has shown that he’s the right man for the job. His effort in smooth commissioning and subsequent take up of the Court of Appeal in Gombe is overwhelming.
To this end, it’s pertinent to call on all the relevant authorities and general public to disregard the flimsy claims and criticism by Justice Beatrice and her cohorts.
Khamaluddeen writes from Gombe.