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INTERPRETATION FOR THE APPOINTMENT & REMOVAL OF JUDICIAL OFFICERS

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It is for the foregoing reasons that I hold the view that in the resolution of the issue at hand, the entire provisions of the 1999 Constitution in Sections 153(1)(i)(2), 271(1), 292(1)(a)(ii) and paragraph 21 of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 dealing with the appointments removal and exercise of disciplinary control over Judicial Officers, must be read, interpreted, and applied together in resolving the issue of whether or not the Governor of a State and the House of Assembly of a State can remove a Chief Judge of a State in Nigeria without any input of the National Judicial Council.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as it is; not as it ought to be. That will be flouting the rule of division of labour as set out by the Constitution of the Federal Republic of Nigeria, 1999. The provisions of sections 2(1) and 24 of the Act as reproduced above remain the law and shall continue to be so until when same is repealed or amended. For now, I see nothing amiss about the law.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

It needs to be emphasised here that an appellate Court will usually not interfere with an exercise of discretion in its quest to obtain substantial justice except where it is satisfied that the discretion was exercised arbitrarily or illegally or without due regard to all necessary consideration having regard to the circumstances of the particular case. – Nweze JSC. Abdullahi v. Adetutu (2019)

Even then, it is well – established that an appellate Court will not, in principle, interfere with the exercise of discretion by the trial Court unless that discretion is shown to have been exercised upon wrong principles or that the exercise was tainted with some illegality or substantial irregularity. – Nweze JSC. Abdullahi v. Adetutu (2019)

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COORDINATE JUDGES CANNOT OVERTURN ONE ANOTHER

In NWANI vs. EDE (1996) 8 NWLR (pt. 466) 332, Tobi, JCA (as he then was) stated: “It is a general principle of law that a Judge lacks the jurisdiction to overturn the decision of another Judge, even if he feels strongly that the decision is wrong. Such a judicial conduct is tantamount to presiding over the decision of the brother Judge on appeal. The Constitution does not allow such a procedure…”

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PROCESS FOR REMOVAL OF A CHIEF JUDGE BY A STATE GOVERNOR

It is not difficult to see that for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and House of Assembly, the first port of call by the Governor on his journey to remove a Chief Judge of the State shall be the National Judicial Council which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of his office the subject of disciplinary action of removal through the Committees of the Council and where the infirmity of the mind or body is involved the services of a medical board to examine and submit appropriate report on the Chief Judge to be affected could also avail the Council in the process of investigation.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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GOVERNOR CANNOT REMOVE JUDICIAL OFFICER WITHOUT RECOURSE TO NJC

In other words, on the interpretation and application of the provisions of Section 153(1)(i); 271(1); 292(1)(a)(ii) and paragraph 21 of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999, the Governor of Kwara State and the House of Assembly of Kwara State cannot remove the Chief Judge of Kwara State from office without recourse to and input or participation of the National Judicial Council. That is to say for the purpose of emphasis, the Constitution of the Federal Republic of Nigeria 1999, does not give the Governor of Kwara State acting in conjunction with the House of Assembly of Kwara State absolute power to remove the Chief Judge of the State from his/her office or appointment before the age of retirement without the recommendation of the National Judicial Council.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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THE JUDICIARY WILL NOT BE INTIMIDATED DESPITE HARASSMENT

The 2nd Respondent presided over a state where anarchy was being supported and prevented Agents of the Government were allowed to malign the Judiciary. The Judges of this Tribunal were harassed, intimidated and made to run under cover. What is the offence of the Judiciary. It is the duty of the Judiciary to disperse Justice and no more. The Judiciary is an arm of Government constituted by the Constitution of the Federal Republic of Nigeria. As stated above the Respondents contributed heavily in the success of this petition. At the pleading stage they made critical admissions. At the trial stage they supplied critical and important documents. Yet at judgment stage the 20 Respondent does not want this Tribunal to stand by justice by stating the truth of the matter. They took the position as was widely reported in the media both print and social that if they loose the case, they will kill the Judges and put the Residence of Kano State on fire. They threatened to bring unrest and banditry to Kano State. We are also citizens of this country in Kano to discharge our lawful duties. We have not committed any offence by performing our duty of adjudication. My message to the bandits in politics who want to take power by force is that the Judiciary cannot be intimidated. The Judiciary will never shy away from justice. Every Judge is a Soldier of justice, we are blessed with the courage to call a spade a spade and to do justice according to the law without fear or favour. Where a party purport to have his eyes on the Judiciary and remove same from his case, the Judiciary will still do its work. You remove your eyes from your case, you abandoned your case and concentrated on distracting yourself by having your jaundiced eye on the Judiciary. The Judiciary as represented by the Honourable Judges will concentrates on their duty of adjudication and put their own eyes on the law and justice. All judicial activities must necessarily and with the final decision of the Court. This is called a judgment. Upon the judgment of the Court parties can only acknowledge the decision of the Court, accord it respect and if not satisfied, go on appeal. A party who looses a case or anticipates the loss of his case can only prepare to appeal against the decision of the lower Court or prepare to appeal. This is what is obtainable in a civilised society. Kano State as we all know is a cradle of civilisation. No party on the account of loosing a case or on the basis of speculation of the possible loss of a case threaten to go an rampage against the Court and Honourable Judges. It is wrong to threaten the entire polity of Kano State with violence. A party must not threaten terrorism and mayhem on the people. The decision of the court must not be taken personal as to warrant an attack and violence against the Judiciary Functionaries as threatened by the Agents of the 2nd and 3rd Respondents. I use this opportunity to condemn the gang of Red Cap wearers who like a violent and terrorist cult chased us out of Kano and put us in the fear of our lives. We believe that only Allah is the giver of power. Those who believe in Allah must bow to his will and submit to the authority of Governmental power. Resort to anarchy, violence and killing can never be a source of lawful power. Threatening to put Honourable Judges in the danger of their life as done in Kano by some disgruntled bandits parading as politicians is hereby condemned.

– Benson Anya, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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