Re: Time to Save Judicial Appointments from Corruption: A Clarification of the Facts

By Uzoamaka Uche-Ikonne and O. A Uhegbu

Professor Chidi Odinkalu’s long-standing advocacy for transparency and accountability in Nigeria’s judicial system is well known and commendable. However, with respect, his account of what transpired in the Abia judicial appointment process, as presented in his piece “Time to Save Judicial Appointments from Corruption,” is flawed and requires important factual clarification.

Furthermore, given his perceived closeness to the Abia State Government, the tone of the article reads more like that of a political aide than that of a Professor of Law who once headed a major federal institution such as the National Human Rights Commission. For the sake of his hard-earned reputation and integrity, it would be better for him to maintain the distance and objectivity expected of a public intellectual, rather than appearing to act as a social media advocate for the state government. Judicial reform, of which Odinkalu has long been an advocate, must always be grounded in facts, balance, and a careful distinction between allegation and proof.

In 2022, the Abia State Judicial Service Commission (JSC) duly advertised vacancies for judicial positions. An examination was conducted by the JSC, with Prof. Collins Chijioke, who is now Dean of the Faculty of Law, Abia State University, served then as examiner. Following the examination, candidates were shortlisted and their names forwarded to the National Judicial Council (NJC) for interview. The State Security Service carried out security screening, and in October 2022, the NJC interviewed the shortlisted candidates.

Before the interviews were conducted, a petition written by a group “Access to Justice” challenging the process was dismissed by the NJC. Subsequently, in February 2023, the NJC released the results of interviews for all states that participated, except that of Abia State.

Contrary to the suggestion by Odinkalu that candidates from a prior cancelled process were responsible for the litigation, certain individuals who were not part of the 2021 process instituted suits at the Federal High Court. These included:

●Victor Onweremmadu v. Judicial Service Commission, Abia State & Others

●Nwaorisa Ekeleme Ibeh v. National Judicial Council & Others

●Incorporated Trustees of Hero’s Cry Human Development Initiative v. National Judicial Council & 5 Others

These matters were dismissed at the Federal High Court. However, the aggrieved parties filed appeals at the Court of Appeal, Owerri, where the cases remain pending. In line with NJC policy of withholding appointments in states where related litigation is pending, the Abia results were put on hold.

It is important to stress that briefs of argument have already been exchanged in those appeals, but no hearing date has yet been fixed by the Court of Appeal. This delay and not proven corruption in the recruitment process as claimed by Professor Odinkalu is what has practically stalled appointments in Abia.

In 2024, the Abia JSC initiated a fresh recruitment exercise without first resolving the 2022 process. A public interest lawyer, Eusebius Emeka Agwulomu, wrote to protest this move, urging the Commission to first conclude the earlier exercise. After receiving no response, he instituted an action at the Federal High Court, Umuahia. While that suit was pending, the Attorney-General of Abia State approached the National Industrial Court (NIC) seeking clarity on whether the JSC could lawfully proceed with a fresh recruitment.

It must also be clarified that Mr. Agwulomu was not a shortlisted candidate in the 2022 process. Furthermore, the claim by Odinkalu that a Chief Magistrate died in connection with the judicial appointment process is inaccurate. The magistrate in question passed away long before the commencement of the 2021/2022 recruitment exercise and did not participate in it.

The National Industrial Court ruled that the Abia JSC possesses the power to commence a fresh recruitment process. Aggrieved parties sought leave to appeal that decision, but the Court of Appeal denied their application.

Additionally, Suit No. FHC/UM/CS/82/2024, instituted by Uzoamaka Uche-Ikonne and Victoria Okey-Nwokeukwu challenging the Judicial Service Commission, Abia State, and 10 others for allegedly ignoring the pending appeals and proceeding with the 2024 recruitment process, has been argued and adjourned for ruling/judgment.

In conclusion, what is presently delaying judicial appointments in Abia State are pending appeals before the Court of Appeal, a suit pending at Federal High Court Abuja, Two suits at Federal High Court Umuahia and not misconduct by shortlisted candidates nor an established finding of systemic corruption.

The NJC’s decision to withhold appointments aligns with its policy when litigation is unresolved.

Notwithstanding the inaccuracies in his account of what transpired in “Time to Save Judicial Appointments from Corruption,” Professor Odinkalu remains a respected advocate for judicial reform and anti-corruption. It is likely that his intervention was based on information available to him which he believed to be credible. However, the record suggests a more nuanced reality, one shaped primarily by ongoing litigation and procedural caution rather than a confirmed collapse of integrity in the process.

*By Uzoamaka Uche-Ikonne and A O Uhegbu