Constitutional Reforms: CSLS Tasks National Assembly on Merit Based Appointment System for Judges

•Devolution of power, security architecture, justiciability of provisions on social, economic rights

Alex Enumah in Abuja

As suggestions continue to pour in towards giving Nigeria a workable and people oriented Constitution, the Centre for Socio-Legal Studies (CSLS) has called on the National Assembly to put in place a system that would ensure appointment of judicial officers are based purely on merit.

President of the CSLS, Prof Yemi Akinseye-George, SAN, made the call on Tuesday, at a Capacity Building Workshop on Constitutional Impediments to Access to Justice in Nigeria, which held in Abuja.

The senior lawyer, who pointed out that there are a lot of things in the Constitution that are hindering the progress of the nation, also called on all Nigerians to get involved in the ongoing constitutional reforms.

“There are many provisions which need to be reformed so as to remove them from being obstacles to access to justice. One of the most important one is chapter two which deals with fundamental objectives and directive principles of state policy.

This is one of the most important provisions because the great majority of the people are poor and they need welfare, economic wellbeing and if the chapter that provides for economic and social rights are not justiciable then that is a huge gap in the Constitution.

“We also need to look at the ways judges are appointed, we need a merit based appointment system for the judiciary, a situation where the executives continue to wield so much influence over appointment of judges is not good for the system, so we need to look at that”, Akinseye-George said.

“A justice system cannot deliver effectively where its independence is structurally constrained. Judicial autonomy is not only a constitutional ideal; it is a prerequisite for fairness, efficiency, and public confidence”, he added.

Another area the CSLS is pushing for constitutional change is in the area of power sharing among the tiers of government, which the body observed is concentrated at the center.

They argued that if power is granted to the local governments and the wards they would be able to protect themselves and organize their security.
The centre lamented that the judgment of the Supreme Court which gave autonomy to local governments in the country could not be effected because of certain constitutional provisions, hence the need to rejig the entire Constitution to make it truly serve the needs of Nigerians.

“Today’s engagement is both timely and strategic. Across Nigeria, justice sector institutions continue to grapple with structural, procedural, and operational challenges that impede the effective administration of justice. While many of these issues are administrative or policy-related, a significant number are rooted in the constitutional framework itself. This workshop therefore provides us with a critical platform to examine these constraints and build the capacity of stakeholders to advocate for necessary reforms”, he said.

The law professor disclosed that the workshop aimed at deepening stakeholders understanding of constitutional obstacles to access to justice; build technical capacity on constitutional interpretation, reform processes, and advocacy strategies; strengthen collaborative engagement among justice actors; and foster a unified approach toward addressing long-standing constitutional constraints.