The convener of Fight Against Corruption, legal practitioner, Bayo Akinlade, has written to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun to challenge what he calls the “unconstitutional composition of the Oyo State Judicial Service Commission”.
In a letter written to the CJN by his counsel, Monday Adjeh urged Justice Kekere-Ekun not to accept the recommendations of the state’s judicial service commission for the appointment of judges into the Oyo State Judiciary.
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Citing the provisions of sections 197, 198, and specifically, Part ll paragraph 5(f) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria as amended which provides for the composition of members of the State Judicial Service Commission to be two members who are legal practitioners and two members who are not legal practitioners, Mr Akinlade noted that the Oyo State Governor, Seyi Makinde in flagrant disregard of the clear provisions appointed only legal practitioners as members of the State Judicial Service Commission, namely:
1. Mr. Kehinde Akinwumi, Esq
2. Mr. Lateef Adedigba, Esq
3. Mr. Wahab Adedigba, Esq
4. Mr. Tunji Ogunrinde, Esq
He also noted that “this unconstitutional body as presently constituted has gone ahead to make recommendations for the appointment of Judges into the Oyo State Judiciary, without regard to the pending suit instituted by Adebayo Akinlade Esq. in suit No. FHC/ABJ/CS/1660/2023 challenging the unconstitutional composition of the said Commission before the Federal High Court sitting in Abuja”.
The legal practitioner therefore urged the CJN not to give any legal recognition to the body and by implication not to allow the body to make any recommendations in the appointment of Judges into Oyo State Judiciary having not been properly constituted in line with the mandatory provision of the 1999 constitution as amended.
Please find the full letter below:
The Honourable Chief Justice of Nigeria
and Chairman National Judicial Council,
Supreme Court of Nigeria,
Three Arms Zone,
Abuja – FCT.Your Lordship,
NOTICE OF UNCONSTITUTIONAL COMPOSITION OF OYO STATE JUDICIAL SERVICE COMMISSION AND REQUEST NOT TO ACCEPT THEIR RECOMMENDATIONS FOR APPOINTMENT OF JUDGES INTO OYO STATE JUDICIARY
I wish to congratulate your Lordship for your Lordship’s appointment as the Chief Justice of Nigeria being an honour well deserved in view of your Lordship’s track record over the years coupled with your Lordship strict adherence to the sanctity of the Constitution of the Federal Republic of Nigeria.
Your Lordship, it is on the basis of this background that I bring to your Lordship’s urgent attention the unconstitutional composition of the membership of Oyo State Judicial Service Commission by the Governor of the State.
Your Lordship, the provisions of sections 197, 198 and specifically, Part ll paragraph 5(f) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria as amended clearly provide for the composition of members of the State Judicial Service Commission to wit: Two (2) members who are Legal practitioners and two (2) members who are not legal practitioners.
However your Lordship, in the case of Oyo State, the Governor of the State in flagrant disregard to the clear provisions of the Constitution appointed only legal practitioners as members of the State Judicial Service Commission, namely:
1. Mr. Kehinde Akinwumi, Esq
2. Mr. Lateef Adedigba, Esq
3. Mr. Wahab Adedigba, Esq
4. Mr. Tunji Ogunrinde, EsqYour Lordship, recently and sadly, this unconstitutional body as presently constituted has gone ahead to make recommendations for the appointment of Judges into the Oyo State Judiciary, without regard to the pending suit instituted by Adebayo Akinlade Esq. in suit No. FHC/ABJ/CS/1660/2023 challenging the unconstitutional composition of the said Commission before the Federal High Court sitting in Abuja.
It is our humble request that the above Commission should not be given any atom of legal recognition and by implication, should not be allowed to make any recommendations in the appointment of Judges into Oyo State Judiciary having not been properly constituted in line with the mandatory provision of the 1999 constitution as amended.
Your Lordship, it is our humble and strong view that, accepting and placing reliance on the recommendations coming from Oyo State Judicial Service Commission as it stands, having not complied with Constitutional provisions in its composition will be tantamount to given validity to an unconstitutional body which will in no doubt portray the entire image of the judiciary under your Lordship’s watch in a bad light
Your Lordship, it is our humble view that sensitive Commission of this nature should be above board like Ceazer’s wife in its composition as anything short of this will be against both the spirit and letter of the 1999 constitution which your Lordship has sworn to uphold administratively and judicially.
May the day any State Judicial Service Commission under your Lordship’s watch will be allowed to constitute its members without regard to the mandatory provision of the 1999 Constitution as amended never come to be.
We therefore urge your Lordship humbly, to disregard the purported recommendations coming from Oyo State Judicial Service Commission until the Government of Oyo State purged itself from the unconstitutional composition of the State Judicial Service Commission.
We thank your Lordship for the anticipated swift action.
Yours Faithfully,
Monday Adjeh. ACIArb.uk
Counsel to the Applicant
