Akpata Berates Obaseki For Swearing In Only Five Of Eight Recommended Judges

Posted by African Examiner Featured, Latest Headlines, News Across Nigeria Saturday, May 4th, 2024

(AFRICAN EXAMINER) – The Labour Party candidate for the Edo State governorship elections, Olumide Akpata, has condemned the decision of Governor Godwin Obaseki to swear in only five out of the eight new judges recommended for the Edo State High Court by the National Judicial Council (NJC).

In a statement he personally signed, Akpata said it is regrettable that the achievements of the judges are being tarnished by the grave injustice they have endured at the hands of the Governor.

The former president of the Nigerian Bar Association (NBA), recalled that for nearly a year, the 8 legal professionals languished in an unconscionable career limbo, suffering immense financial hardship through loss of earnings owing to the refusal of the Governor to perform his constitutional duty to swear in all eight recommended Judges without any plausible justification.

According to Akpata, the fact that Obaseki has now proceeded to unilaterally select and swear in five out of the recommended eight judges is simply a tragedy and a travesty which has further rubbed salt on the injury, riding roughshod over another arm of government in clear violation of the principles of separation of powers and in the process, leaving the other three Judges and their families in a precarious dilemma.

The former NBA President, therefore, called on the National Assembly and the newly constituted Constitution Review Committees of both chambers of the Assembly to immediately initiate constitutional amendments that will permanently insulate the judicial appointment process from such reckless political interference.

Concrete safeguards, he said must also be established to forestall any recurrence of this invidious travesty, not just in Edo State but across the entire Federal Republic of Nigeria.

He also called on the citizens of Edo State to demand accountability, transparency, and an unwavering commitment to upholding the sanctity of the institutions from those who would presume to lead the state ahead of the 2024 governorship elections.

See the full statement below:

STATEMENT ON GOVERNOR GODWIN OBASEKI’S SWEARING-IN OF FIVE OUT OF
EIGHT NEW JUDGES OF THE EDO STATE HIGH COURT

Around noon today, Friday, May 3rd, 2024, His Excellency, Governor Godwin
Obaseki, the Executive Governor of Edo State, swore in five out of the eight new
Judges recommended for the Edo State High Court by the National Judicial
Council (NJC) at its 102nd meeting held on June 14th and 15th, 2023.

While one must congratulate the five newly sworn-in Judges on their well-deserved appointments, it is a matter of profound regret that their achievements, and those of the three Judges, who are yet to be sworn in, have been tarnished
by the grave injustice they have endured at the hands of Governor Godwin Obaseki.

For nearly a year, these eight legal professionals languished in an unconscionable career limbo, with those previously in private practice suffering
immense financial hardship through loss of earnings as they could not practice
law as private practitioners having been recommended for appointment to the
Bench.

To subject any human being or public servant, let alone prospective guardians of justice, to such indignities is totally unacceptable. And now, by
swearing in only five out of the eight recommended Judges without any reason or explanation, Governor Obaseki has further rubbed salt on the injury, riding roughshod over another arm of government in clear violation of the principles of
separation of powers and in the process, leaving the other three Judges and their families in a precarious dilemma.

As a senior member of the Bar and a former President of the Nigerian Bar Association (NBA), I condemn, in the strongest possible terms, the reprehensible conduct of His Excellency, Governor Godwin Obaseki, who willfully failed and
refused to perform his constitutional duty to swear in all eight recommended Judges for nearly a year without any plausible justification.

The fact that he has now proceeded to unilaterally select and swear in five out of the recommended eight Judges is simply a tragedy and a travesty.

The laughable defence proffered by the Edo State Commissioner of Information and Strategy that petitions existed against the recommended Judges is an outright falsehood that defies credulity.

As a member, at the time, of the very NJC that recommended these eight appointments, I can state categorically that all petitions were treated before the candidates were screened, and the successful candidates were the ones who
were recommended for appointment to the Bench.

It is a despicable act of calumny to besmirch the reputations of these innocent professionals merely to provide cover for the Governor’s dereliction of duty. The unvarnished truth is that Governor Obaseki’s refusal to swear in the eight recommended Judges for eleven months and his decision now, to swear in only five of the eight Judges, stem from his displeasure at the fact that the list did not include his preferred
candidates.

Rather than respecting the NJC’s recommendation, he chose to grind the appointment process to a complete halt through sheer obstructionism.
Sadly, this is not an isolated incident but part of a disturbing pattern of Governor Obaseki’s flagrant disregard for due process and the separation of powers.

In 2019, he similarly obstructed attempts to swear in fourteen duly elected members
of the Edo State House of Assembly, displaying the same contempt for democratic tenets and institutions. For one who claims to be a democrat, such autocratic conduct is utterly reprehensible, and quite unfortunately, these ignoble actions will stand out as his enduring legacy, which no amount of spinning or propaganda can alter.

It definitely is no coincidence that this sudden decision by the Governor to swear in only five out of the eight recommended Judges, is coming five months before the Edo State gubernatorial elections. It is simply emblematic of the deceitful, self-serving politics that have become a hallmark of Governor Obaseki’s PDP government, putting partisan interests above the rule of law and the interests of the people.

Such conduct strikes at the very heart of our democracy and the principle of
separation of powers. It represents a contemptuous attempt to subjugate the
Judiciary to the whims of the executive, stripping it of its independence and
reducing it to a mere appendage of the governing party’s agenda. This is
precisely why I have been at the vanguard of the struggle for comprehensive judicial reforms to emancipate our judiciary from the suffocating grip of executive overreach at all levels of government.

I hereby call upon the National Assembly (NASS) and the newly constituted Constitution Review Committees of both chambers of the NASS to immediately initiate constitutional amendments that will permanently insulate the judicial
appointment process from such reckless political interference. Concrete safeguards must be established to forestall any recurrence of this invidious travesty, not just in Edo State but across the entire Federal Republic of Nigeria.

Failing to do so risks inflicting irreparable damage to our democratic institutions and the fundamental rights of our citizens.

To the five newly sworn-in Judges, I reiterate my congratulations and urge M’Lords
to embrace their new roles as beacons of justice, equality, and the rule of law.
Their integrity, impartiality, and commitment to upholding the Constitution of the
Federal Republic of Nigeria will be the ultimate bulwark against the erosion of our
cherished democratic principles and values.

The people of Edo State have endured enough. They deserve far better than the
contemptuous disregard for due process that Governor Obaseki has displayed
by first delaying for no reason the swearing-in of the eight recommended Judges
and now swearing in only five out of the eight recommended Judges. As we
approach the pivotal 2024 gubernatorial elections, we must demand
accountability, transparency, and an unwavering commitment to upholding the
sanctity of our institutions from those who would presume to lead us.

OLUMIDE OSAIGBOVO AKPATA
Past President of the Nigerian Bar Association
Candidate of the Labour Party, Edo 2024 Election