Babalola Urges NJC to Appoint CJN by Merit, Not Seniority

By Victor Ogunje

A Legal Icon, Chief Afe Babalola (SAN), has called on the National Judicial Council (NJC) to ensure that the emergence of the Chief Justice of Nigeria (CJN) will be based on merit rather than promotion or seniority.

Babalola said this remained the best way to fortify the bench with brilliant and well groomed legal practitioners from the bar and academic world.

A statement that was issued yesterday by the Director, Corporate Affairs Afe Babalola University, Ado Ekiti, (ABUAD), Tunde Olofintila, in Ado Ekiti said that Babalola gave the advice at the virtual launch of books in honour of a retired Justice of the Supreme Court, Justice Bode Rhodes-Vivour, to mark his retirement from the bench on attaining age of 70.

Babalola said: “The position of the Chief Justice of Nigeria is so important that it should not be based on promotion but strictly on merit.

“I know from experience that the best judges are those who have been in active litigation, who have interacted with clients, who have drafted claims and pleadings and who have addressed legal issues at different level of the courts.

“This is why in other climes, judges are chosen from seasoned legal practitioners. I recall the case of late Justice Teslim Olawale Elias, SAN. He was appointed as CJN and President, International Court of Justice. He was Attorney General of the Federation when he was a Professor at the University of Lagos and was invited to the Supreme Court where he eventually became the CJN.”

He added that the country is in dire need of restructuring that would throw up a truly federal constitution that would change the mode of election and the type of people to be elected to govern the country.

He further stated that restructuring would also ensure that the country has part-time legislators, reduce the huge salaries currently being earned by legislators in favour of sitting allowances as well as reduce the cost of governance and ensure elections are run at cheaper rates while women representation in governance will be higher.

“Our constitution is the greatest problem of Nigeria. The operation of the constitution is expensive with its attendant over-concentration of power at the centre, thereby rendering the states and local governments totally impotent unlike what obtained under the parliamentary constitutions of 1960 and 1963.

“I say with emphasis that the only thing that can change the country for the better and pave way for the enhancement of a more united Nigeria is to restructure.

“It will make politics less attractive, make each state to develop at its own pace and do away with all shades and shapes of criminality, guarantee employment, eradicate poverty and make individuals to become true Nigerians,” Babalola said.

He canvassed for a upward review of the age of retirement of Supreme Court Judges from current 70 years to about 100 or more, if life service is not possible.

He described Justice Rhodes Vivour as an incorruptible, genial, decent, and disciplined person as well as a judge with unquestionable integrity, character, industry and dignity who others should emulate.