Gombe chief judge: Why the much ado about seniority?

It is true that in Nigeria, people always politicize and bring ethnicity and religious colorations to virtually everything; certainly not for the good of the people or society, but to simply massage 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, criticism and outright lie. Because, not only glorifying the bankrolled script actors is the problem, but the time to be spent responding to the cooked lies is too 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 has been needless argument over the appointment of 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, the judiciary is one place where things are done in accordance with law and order, not the other way round. Of course, there wasn’t any constitutional violation or denial of Justice Beatrice Iliya’s right as alleged. The NJC should not allow itself to be blackmailed by one sided media report and propaganda.

Justice Beatrice who must have been aware of all the constitutional provisions and legal rudiments concerning appointment of the chief judge of a state should not allow herself to be teleguided and drawn by those who are supposedly learned in law but heavily beclouded by sentiments. Now, few desperate politicians have joined the unholy bandwagon.

Let me for the avoidance of doubt and for the purpose of educating them bring what the constitution says on the appointment of the Chief Judge 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 of a state on the recommendation of the National Judicial Council (NJC) and subject to confirmation of the appointment by the House of Assembly.

Equally, sub-section (3) also states that a person shall not be qualified to hold office of a judge of 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 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 come? Justice Beatrice isn’t Justice Mu’azu Pindiga’s senior. Let the two of them present their letters of appointment as High Court judges to the NJC.

So, why all the frenzy and rage 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 emphasize 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 Justice Pindiga is a brilliant lawyer who was called to bar in March 1988.

By all definitions and legal interpretations, the appointment of a chief judge of a state is the prerogative of the state governor and in fairness to 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 he 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 act arbitrarily because he has the choice to appoint whoever he deems fit while seniority, gender, religion and ethnicity aren’t in anyway prerequisites for such appointment. On the other hand, the 10 years experience on the appointment of High Court judges which is the constitutional requirement has never been defied.

In fact, by asset of experience which is an added advantage, 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 commission to appoint  Justice Pindiga being the pioneer acting Chief Registrar when the state was created in 1996 where he later became the deputy chief registrar of the state High Court.

Justice Pindiga’s track records, achievements and wealth of experience are there. In the then Bauchi State, he served in various capacities eg; judge of the Rape Tribunal and was the first to open the Tafawa Balewa Chief Magistrate Court, etc. Coming back to Gombe, he was the chairman, Environmental Sanitation.

Equally, one of the NJC’s guidelines allows for geographical spread and the former CJ who spent 20 years is 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 the central where Justice Mu’azu comes from or the northern zone.

On FIDA’s gender argument, where were they when Justice Aliyu was removed in Bauchi State and a woman, Justice Rabi, was brought in? No one  complained about gender there.

In one of the North Eastern states, the 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 till today, 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.

Justice Pindiga has demonstrated a high sense of professionalism and commitment which is what has certainly impressed and motivated the Gombe State Judicial Service Commission to recommend the renewal of his appointment on acting capacity.

The milestones recorded by Pindiga during his acting capacity have shown that he’s the right man for the job. His effort in the smooth commissioning and subsequent take-off 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 criticisms against him.

Khamaluddeen writes from Gombe