The
House of Representatives has ordered the Chief Judge of the Federal Capital
Territory (FCT) to immediately halt the recruitment process for the 12
vacancies in the Territory’s High Courts until there is compliance with the
Federal Character principle and quota system.
This was a sequel to a motion of urgent national
public importance, brought by Rep. Igariwey Iduma-Enwo (PDP, Ebonyi) at Tuesday’s plenary.
While presenting the motion, the lawmaker noted
that the High Court is one of the Judicial bodies in the FCT established by
Section 255 of the constitution of the Federal Republic of Nigeria, 1999.
He recalled that in the past few days, the media
and the civil society community had expressed serious concerns and
protestations over the proposed list of states to fill the 12 vacant positions
in the High Courts of the Federal Capital Territory.
He also observed that information in the public space is to the effect
that the proposed list is expected to be sent to the National Judicial Council
by February 19, 2024, for vetting by the NJC, and subsequently to the Senate
for confirmation.
According to him; “under the High Court of the Federal Capital Territory, Abuja (Number of
Judges) Act 2003, the principle of Federal character of Nigeria, shall be
applied in the appointment of Judges of the Court; implying that the number of
judges of the FCT High Court must always reflect the 36 states and the FCT.”
Iduma-Enwo expressed concern that while every
state of the federation has judges from their respective states appointed in
the FCT High Court system, four states, namely, Ebonyi, Abia, Imo, and Bayelsa,
do not have a single indigene from their states appointed and sitting in the
FCT High Court system.
“Worried that Ebonyi State, in particular, is doubly discriminated against
in that it has none of its judges appointed in the High Courts of the FCT, and
yet was not listed as one of the states to apply for the vacant 12 positions
sought to be filled.
“Further aware that according to the FCT website, at least 7 Magistrates
from the four unrepresented states of Ebonyi, Abia, Imo, and Bayelsa are
currently qualified, and working in the FCT Court system as Magistrates, in
addition to qualified private legal practitioners from these states who are
willing and eager to apply to fill these vacant positions.
“Concerned that the non-representation of judges from 4 states in the High
Court System of the FCT, when some others have as many as 3 judges representing
them, is a gross violation of S14(3) of the 1999 constitution which requires
staffing from the 36 states and the FCT.
“Cognizant of the fact that the underlying philosophy of the Federal
Character Commission principle is to provide equality of access in public
service representations, curb dominance by one or few sections of the country,
promote inclusiveness and national unity. Violation of this principle of our
constitution may not only be destabilising but could open the floodgates to
litigation,” he argued.
While ruling on the motion after the adoption, the
presiding officer, Deputy Speaker Benjamin Kalu referred it to the Committees
on FCT Judiciary and Judiciary for investigation of the Federal Character
approval granted for the purpose and the extent of compliance thereto.
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