The two Branches of the Nigerian Bar Association received the notice of today’s ceremony from the Judiciary on Thursday, 12th April, 2012 with mixed feelings. The first one being displeasure of the Bar with the way and manner the Executive Governor of Ekiti State made a selective appointment of His Lordship, Hon. Justice Emmanuel A. Adesodun out of the three approved and recommended by the National Judicial Council for formal appointments and swearing in by the Governor of Ekiti State.
Secondly, the way and manner the Governor in connivance with the Judiciary secretly organised the swearing-in ceremony of His Lordship, Hon. Justice Emmanuel A. Adesodun without the knowledge of the Nigerian Bar Association in Ekiti State. Thirdly, the position of the Judiciary vis-a-vis the interference by the Executive in Ekiti State and the concern for the future of the Administration of Justicein Ekiti State in general. The Nigerian Bar Association that was shielded from the secret swearing-in ceremony of Hon. Justice Emmanuel A. Adesodun is the same Association that Your Lordship invited not only to grace the occasion but also to deliver the traditional speech. We are save to conclude that members of our branches were only invited to come and decorate the bench as usual.
THE APPOINTMENT OF HO. JUSTICE EMMANUEL A. ADESODUN
It would be recalled that the Nigerian Bar Association (Ado & Ikole Ekiti Branches) were actively involved during the process of appointment of the additional High Court Judges in Ekiti State. The names of Messrs Emmanuel A. Adesodun, Esq. (the then Chief Registrar of Ekiti State High Court now Hon. Judge of Ekiti State High Court); Emmanuel Bamidele Omotoso, Esq. (a former Chairman, Ado-Ekiti Branch of the Nigerian Bar Association); and Lucas Kayode Ogundana, Esq. (a former Chairman, Akure Branch of the Nigerian Bar Association) were approved and recommended for appointment as High Court Judges in Ekiti State by the National Judicial Council, Abuja.
The Governor of Ekiti State refused to formally appoint and swear-in the learned gentlemen except Ho. Justice Emmanuel A. Adesodun (despite the dire need of more Judges in the State) on the ground that they appeared against his political party (Action Congress of Nigeria) before Election Petition Tribunals at different fora. It is our firm position that the ‘discretion’ claimed by the Governor to have been given by the Constitution on the appointment of Judges is not total as the Governor is under obligation to swear-in the recommended list form the National Judicial Council, Abuja. Section 271 (2) of the 1999
Constitution that the Governor heavily relying upon provides that the appointment of a person to the office of a Judge of a High Court of a State ‘shall’ be made by the Governor of the State acting on the recommendation of the National Judicial Council. The Constitution did not create a room for the executive Governor to have discretion in the appointment of Judges. The Constitution even went further by providing that the activities of the Judicial Service Commission shall not be subject to the directives of the Governor. The Constitution that gives only the formal appointment to the Governor did not envisage the
Executive recklessness as are witnessing in the State today.
The reason why we, members of the Nigerian Bar Association, are afraid that the Ekiti State Judiciary is being pocketed is that it is now clear that whoever is not an Action Congress of Nigeria member could not be appointed as a Judge in Ekiti State as long as Governor John Kayode Fayemi remains the Governor of Ekiti State, even if such a person is recommended by relevant bodies and stakeholders that are saddled with the responsibilities of recommending the best candidates for the job. Then, we are in a serious crisis as the Peoples Democratic Party (PDP), Labour Party, etc. members would be choosing
the Judge to appear before as some Judges would be tagged Action Congress of Nigeria Judges and Peoples Democratic Party Judges. This is a situation we are not praying for should not come to reality in our judicature.
Apart from the fact that the Judicial Service Commission (constituted by Governor John Kayode Fayemi) screened the two gentlemen and sent same to the National Judicial Council for approval and recommendation to the Governor for formal appointment and swearing-in as Judges of High Court; Emmanuel Bamidele Omotoso, Esq. had earlier been screened to be qualified to be appointed as a High Court Judge in Ekiti State by the immediate past Judicial Service Commission, Ekiti State the very week Governor John Kayode Fayemi was given his mandate by the Governorship Election Petition Appeal Tribunal. On assumption of office, the Governor did not allow the list to be forwarded to the National Judicial Council in Abuja. The Nigerian Bar Association met the Governor on this issue and he claimed ignorance of the duly completed process and promised us that if it was done on merit that he would ‘direct’ the then Ag. Chief Judge to forward same to the National Judicial Council, Abuja. The next thing we heard was that the Governor has ‘directed’ that fresh process for the appointment of Judges should commence which has resulted to the recommendation of the three eminent Jurists.
Consequent on the Governor’s unconstitutional action, the two branches of the Nigerian Bar Association met and discussed the matter and observed that the Governor’s action, if not reversed immediately, has serious negative implications to the State, apart from the affected two (2) gentlemen of the Bar. Such implications include but not limited to the following:
a. The members of State Judicial Service Commission who had earlier submitted the list of the candidates (after thorough screening of the candidates with active involvement of all stakeholders) to the National Judicial Council that later gave its approval and recommended same for the formal appointment by the Governor, are not to be trusted to be saddled with the responsibility of getting credible candidates for appointments of persons as High Court Judges in Ekiti State;
b. Contrary to the clear and unambiguous provisions of the Constitution, the State Governor wants the Judicial Service Commission to be subservient to him and take sensitive decisions at his whims and caprices. (In fact, nothing bears eloquent testimony to this fact than the Governor’s slavish ‘directive’ during the swearing-in of the only
one candidate to the State’s Judicial Service Commission to start another appointment’s exercise).
c. The Governor’s non-challant attitude and disregard to the Judiciary was more exposed by the secret swearing-in ceremony of Hon. Justice Emmanuel A. Adesodun when an action was pending against the swearing-in before the Ekiti State High Court in Suit No. HAD/34/2012 between THE REGISTERED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION –V- THE GOVERNOR OF EKITI STATE & 3 OTHERS filed on 07/04/2012.
d. Though, we have withdrawn the said suit against Hon. Justice Emmanuel A. Adesodun to show that the Nigerian Bar Association had nothing against his person, after all, we recommended him as a fit and proper person to be so appointed. However, the Governor might have unwittingly by his action allow the Hon. Judge to be tagged a member or an apologist of the Action Congress of Nigeria (ACN). This will be unfortunate and detrimental to the bench in Ekiti State.
e. This unconstitutional act of the State Governor is an humiliation of the highest order to the integrity of the Honourable members of the Judicial Service Commission and the National Judicial Council (and there may not be an end to such humiliation if the present contemptuous action of the Governor is not checked).
f. The Governor’s unconstitutional action and unambiguous threat to the independence of the Judiciary as the third arm of government in Ekiti State. (It will be recalled that the attitude of the Governor towards the swearing-in of the two Gentlemen changed immediately a High Court of the State delivered judgment against the State
Government in an action filed by the Peoples Democratic Party, Ekiti State Chapter challenging the legality and constitutionality of the Ekiti State Independent Electoral Commission as constituted by the Governor).
It is our further view and advise on the above that our reputable members in the Ekiti State Judicial Service Commission, considering their age, integrity and status in the legal profession, having been
sufficiently, but unjustifiably, humiliated and indicted to withdraw their membership of the State Judicial Service Commission pending the
time the Governor will favourably reconsider his position on the subject matter by appointing and swear-in the two Legal Luminaries as High Court Judges in Ekiti State. A word is enough for the wise in this regard.
We must say at this stage that the Judiciary has not received such a great bashes and lashes like under this administration of Governor John Kayode Fayemi. The Judiciary in Ekiti State has really been caged and under a serious threat. It is our fear that more of this is in the offing.
THE MINISTRY OF JUSTICE IN EKITI STATE (A TEST CASE OUT OF MILLIONS).
The Ado Ekiti and Ikole Ekiti branches have set aside today as a day of mourning for the administration of justice in Ekiti State especially for our colleagues in the Ministry of Justice, Ekiti State.
The state of affairs of the Legal Officers in the Ministry call for mourning (if we could not use any other devastating word to describe the situation) because their career is under serious threat and in a jeopardy. It is clear that nobody could aspire to the position of Solicitor General or Permanent Secretary in the Ministry with the present happenings in the Ministry. The Government has not seen anything good in the hardworking, efficient and loyal Legal Officers but ‘mere’ Civil Servants in the Ministry.
It is disappointing and devastating that the incumbent Hon. Attorney General & Commissioner for Justice, Hon. Dayo Akinlaja (who is not a politician by all intent and purposes) that we have a little relief in when appointed would do better things and improve on the administration of Justice in Ekiti State during his tenure has changed
negatively against the interest of the Bar (Official and Private Bar). How can someone imagine or defend a situation where a Lawyer would go to court regularly and continuously for his client (both within and outside the State, Abuja inclusive)without being given his transport fees for over a year? This is the situation of the Legal Officers in the Ministry of Justice, Ekiti State as at today. Information at our disposal shows that Legal Officers in the Ministry of Justice, Ekiti State received court appearance/transport fees (including fees for the procurement of witnesses)last in early year 2011. Yet, they are under obligation to appear and handle their cases in courts at Abuja, Ilorin, Ibadan, Benin, Akure, etc, not to talk of appearance in court within the State. This touches the Bar mostly when these Legal Officers were under serious attacks from Hon. Judges before whom they appear especially when they could nor procure witnesses or attend courts after spending their meagre salaries and allowances on transportation to courts and procurement of witnesses.
It is our candid belief that it is an acceptable practice that a lawyer is entitled to his professional fees as well as appearance fees. It is our position also (subject to superior argument otherwise) that Legal Officers salaries and allowances could be equated with Private Lawyers professional fees while their transport fees to court is that of Private Lawyers Court Appearance fees.
It is equally disheartening to note that the same Government that could not pay the paltry transport fees and money for the procurement of witnesses to Legal Officers could conveniently firm out cases to Private Solicitors at the sum not lower than Five Million Naira Only (N5,000,000.00) per a case which can adequately cater for the expenses of all the Legal Officers in the Ministry to handle hundreds of cases for six months. This is not the situation during the periods of Chief Makanjuola Esan, SAN, Hon. Justice A. K. Fowe, Obafemi Adewale, Esq., Duro Ajayi, Esq. to mention but a few when the Legal Officers would even collect their transport fees before going to court instead of using their salaries and allowances for same. We honestly but very humbly plead with our Hon. Judges and Learned Magistrates to bear with these Legal Officers but “mere civil Servants” when faced with these problems.
It is more aching when we were aware of the Hon. Attorney General’s position when the two Branches of the Nigerian Bar Association in Ekiti State decided not to attend today’s Special Court Sitting. In a military-like-manner, the Hon. Attorney General directed that a memo should be issued compelling all the Legal Officers in the Ministry to
attend and that attendance would be taken. It has never been like this before.
Another area where the Executive has shown its recklessness is in the appointment of Solicitor General & Permanent Secretary for the Ministry of Justice, Ekiti State. We are all living witnesses of the rumour that the Governor of Ekiti State, John Kayode Fayemi wanted to bring his kinsman from outside and appoint same as a substantive
Solicitor General & Permanent Secretary in the Ministry of Justice, Ekiti State under the pretence that he wanted the best. The plea of the Nigerian Bar Association was not workable to the Governor at several meetings with him on same. This made the Nigerian Bar Association filed an action in court (in suit No. HAD/7/2011 between THE REGISTERED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION –V- THE GOVERNOR OF EKITI STATE & OTHERS) against the position of the Governor when paid advertisements were made in this respect in National Dailies by the Ekiti State Government. We went to court when we learnt that it was not merit that brought about the position of the Governor but only wanted to use the means to compensate his political jobbers and a relative. Despite the fact that the suit is still pending in court and
there is a motion for injunction restraining the Defendants (the Governor and the Hon. Attorney General & Commissioner for Justice inclusive) from short listing, interviewing or appointing the substantive Solicitor General & Permanent Secretary and in total disregard to the undertaking made by the Hon. Attorney General, Hon. Dayo Akinlaja, that they would maintain status quo pending the final determination of the case, it was a surprise when the Defendants went ahead to appoint one Mr. Dayo Apata to fill the position of the substantive Solicitor General & Permanent Secretary via a letter dated 2nd April, 2012 with reference No. EK/HS/4 VOL. 11/33 issued to Mr. Dayo Apata appointing him as the Solicitor General and Permanent Secretary, Ministry of Justice, Ekiti State.
Yet, our suspicion became real when found out that Mr Dayo Apata is from the same town, Isan Ekiti State, in fact he is a brother to the State Governor and a very close friend to the incumbent Hon. Attorney General & Commissioner for Justice of Ekiti State. Apart from the fact that Mr. Dayo Apata is not appointable as Solicitor General &
Permanent Secretary, Ministry of Justice, Ekiti State, the Governor did not shortlist or conduct any interview as it was widely advertised in the National Dailies before his illegal and unconstitutional appointment as the Solicitor General & Permanent Secretary in the State Ministry of Justice.
It is very disappointing that the Hon. Attorney General & Commissioner for Justice, Ekiti State could not properly advise his master on this matter to wait till after the delivery of the judgement which has been reserved till Thursday, 19th April, 2012, perhaps, they are privy to the judgment to be delivered by Hon. Justice M. O. Abodunde, the trial Judge in the suit. We will not say much on this because the issue of Mr. Dayo Apata is now pending before the court.
It is our firm position that we have best competent and efficient Legal Officers in the Ministry of Justice of Ekiti State without necessarily going outside the state shopping for ‘a relative’ in the interest of the Governor or his Political Jobbers.
APPOINTMENT OF SUBSTANTIVE CHIEF JUDGE
It should be noted that Ekiti State has been bedevilled with the appointments of Ag. Chief Judge since 2006 till date. It is the position of the
Nigerian Bar Association that this is not good enough for our judicial system in the State as the serving acting Chief Judge at all material time would be subservient to the Governor in order to please him only for the renewal of his Acting-ship.
We agree that there was a peculiar situation when there was a pending litigation on the removal of the former Chief Judge of Ekiti State, Hon Justice Kayode Bamisile. Now, there is no litigation pending on the issue anymore and the earswhile Chief Judge has been legally removed from office. The Judicial Service Commission has also
concluded the process of short-listing and screening candidates for the position of a substantive Chief Judge, the Nigerian Bar Association has equally done its part. It is our plea to every well meaning Ekitis to prevail upon the governor to equally ‘direct’ ‘His Judicial Service Commission’ to forward the list to the National Judicial Council for approval and recommendation to the Governor for formal appointment and swearing-in. We should also be prayerful that in exercising his so called ‘discretion’ the Governor would not reject the approval and recommendation of the National Judicial Council in this regard.
My Lords and all distinguished gentlemen, this is a period for sober reflectionand the appropriate time to cry (a symbolic one as done by our Lord Jesus Christ in the Holy Bible) for the Judiciary and the administration of Justice in Ekiti State.
Thanks and God bless you all.
Being the speech presented by the Ado-Ekiti and Ikole Ekiti branches of the Nigeria Bar Association, Ekiti State, at the introduction of Hon. Justice Emmanuel A. Adesodun, a High Court Judge in Ekiti State, to the Bar and Bench on April 17, 2012 at High Court 1, Ado-Ekiti, and signed by Owoseni Ajayi, ESQ, and Ademola Omojesu Okeya, Esq, Chairman, Ado-Ekiti Branch of the NBA and Chairman, Ikole Ekiti Branch of the NBA.