A breaking news report on 14 July 2023 in Nigeria: “NJC RECOMMENDS INCUMBENT CJN’S SON, OLUKAYODE ARIWOOLA, JNR FOR APPOINTMENT AS FHC JUDGE”. “According to information gathered by TheNigeriaLawyer, before his appointment, Ariwoola Jnr was the Principal Partner of OLUKAYODE ARIWOOLA & CO, a law firm based in Abuja..
[14 July 2023; TheNigeriaLawyer].
1️⃣. His Lordship, the Hon. Justice OLUKAYODE ARIWOOLA is the incumbent Chief Justice of the Federal Republic of Nigeria; was sworn in on 12 October 2022.
2️⃣. Hon Justice KAYODE ARIWOOLA as the incumbent Chief Justice of the Federal Republic of Nigeria (CJN) is the Chairman of the Federal Judicial Service Commission (FJSC). Section 12(A) Of Item E In Part I Of The 3rd Schedule To The Constitution Of The Federal Republic Of Nigeria, 1999 provides that “The Federal Judicial Service Commission shall comprise the following members – (a) the Chief Justice or Nigeria who shall be the Chairman”. Section 13(A) Of Item E In Part I Of The 3rd Schedule To The Constitution Of The Federal Republic Of Nigeria, 1999 provides that “The [Federal Judicial Service] Commission shall have power to advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of (vi) a judge of the Federal High Court,”
3️⃣. Hon Justice OLUKAYODE ARIWOOLA as the incumbent Chief Justice of the Federal Republic of Nigeria, is the Chairman of the National Judicial Council (NJC). Section 20(A) Of Item I In Part I Of The 3rd Schedule provides that “The National Judicial Council shall comprise the following members – (a) the Chief Justice of Nigeria who shall be the Chairman”
4️⃣. Mr Olukayode Ariwoola, Jnr is a biological son of my Lord, Hon Justice Olukayode ARIWOOLA, CJN.
5️⃣. The National Judicial Council (NJC), headed by CJN OLUKAYODE ARIWOOLA, has just recommended Mr. Olukayode Ariwoola, Jnr for appointment as a Judge of the Federal High Court of Nigeria. See: “NJC Recommends Incumbent CJN’s Son, Olukayode Ariwoola, Jnr For Appointment As FHC Judge” [14 June 2023; TheNigeriaLawyer]. Section 21(A)(I) Of Item I In Part I Of The 3rd Schedule provides that “The National Judicial Council shall have power to -(a) recommend to the President from among the list of persons submitted to it by – (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court”
6️⃣. It was the Federal Judicial Service Commission (FJSC) (headed by CJN OLUKAYODE ARIWOOLA) that had, by way of a public notice, called for expression of interest by suitable candidates for appointment as Federal High Court judges — See: RULE 3(1)(a)(i) of the REVISED NATIONAL JUDICIAL COUNCIL GUIDELINES & PROCEDURAL RULES
7️⃣. It was CJN Olukayode Ariwoola (unless he recused himself) as the Chairman of the NJC who had determined the number of judges of the Federal High Court to be appointed this time. See: Rule 2(1) of the Revised National Judicial Council Guidelines & Procedural Rules which provides that “Whenever the Head of a Federal Court proposes to embark on the process for appointment of candidates or a candidate to the office of Judicial Officer of a Federal Court of which he/she is the head, notice shall be given to the Chief Justice/Chairman of the Federal Judicial Service Commission stating the number of Judicial Officers intended to be proposed for appointment.The said Chairman must forward a copy of the Notice and the Governor`s response, to the NJC. Upon receipt of the Notice from the State JSC, the Secretary of the NJC shall advise the CJN/Chairman of the NJC, on the number of judges than can be appointed, having regard to the budgetary provision of the NJC for the year. The CJN/Chairman of the NJC shall consider the NJC Secretary’s advice and by a notice in writing (addressed to the Chairman of the State JSC) direct (and this direction/decision is final) that the exercise (a) may proceed or (b) should not proceed or (c) may proceed with reduction in the number of judges proposed to be appointed”.
8️⃣. It was My Lord, the Hon. Justice Olukayode ARIWOOLA CJN in his capacity as the Chairman of the FJSC (unless he recused himself), who had shortlisted his own son, Mr Olukayode Ariwoola, Jnr, for comments preparatory for recommendation for appointment as a judge of the Federal High Court. “Soon after the closing date for the receipt of applications and or nominations, the Chairman of the Judicial Service Commission/Committee concerned shall make a provisional shortlist on the merits consisting of not less than twice the number of Judicial Officers intended to be appointed at the particular time and circulate the provisional shortlist together with a request for comments on the suitability or otherwise of any of the short listed candidates” See: Rule 4(4) Revised National Judicial Council Guidelines & Procedural Rules
9️⃣. Note also that my Lord, CJN Olukayode ARIWOOLA (unless he recused himself) as “The Chairman of the [Federal] Judicial Service Commission…shall place the provisional shortlist before the Judicial Service Commission/Committee for approval and upon such approval, with or without modification; the provisional shortlist shall become the final list”
SEE: Rule 4(5) Revised National Judicial Council Guidelines & Procedural Rules. However, “In carrying out the provisional short listing exercise, the Chairman of the [Federal] Judicial Service Commission…shall take into consideration as much as possible, (i) professional expertise and competence, including in the case of appointment of Judges from the High Court to the Court of Appeal and Justices of the Court of Appeal/Chief Judges/Legal Practitioners/academicians to the Supreme Court, the quality of judgments and performance and demonstration of judicial skills of the Judge; and in the case of appointment from the Bar, evidence of 6 contested cases in the last”. See: (Rule 4(6) Revised National Judicial Council Guidelines & Procedural Rules. See also Rule 4(7))
🔟. The Hon. CJN OLUKAYODE ARIWOOLA as the Chairman of the Federal Judicial Service Commission (unless he recused himself) then had a duty to forward or direct the Secretary of the Federal Judicial Service Commission to forward to every shortlisted candidate “NJC Form ‘A’, which shall be completed and returned to the Chairman (CJN OLUKAYODE ARIWOOLA) by the candidate, together with all necessary attachments specified”. (Rule 4(1))
1️⃣1️⃣. “The Chairman [CJN Olukayode ARIWOOLA, unless he recused himself] shall then table before the Judicial Service Commission/Committee for its consideration a memorandum on each of the short-listed candidates”, [see Rule 4(2)] although _”The Judicial Service Commission [headed by CJN OLUKAYODE ARIWOOLA, unless he recused himself] may make such further enquiries about the candidate from reputable sources as to the suitability of the candidate as it deems fit”. (see Rule 4(3); see also Rule 4(4)].
1️⃣2️⃣. By virtue of Rule 4(4), _”The decision of the [Federal] Judicial Service Commission [headed by CJN OLUKAYODE ARIWOOLA] in respect of nomination and advice for appointment of a Judicial Officer shall be authenticated by the Minutes of the [Federal Judicial Service] Commission Meeting, duly adopted and signed by the Chairman [CJN OLUKAYODE ARIWOOLA] and Secretary of the [Federal Judicial Service] Commission.
1️⃣3️⃣. Upon compliance with Rules 1-4 of the Guidelines, “the Chairman of the [Federal] Judicial Service Commission shall advise, or as the case may be, recommend to, the National Judicial Council by a memorandum… ” [See Rule 5(1)]. By Rule 5(2), “The memorandum shall be addressed to the Chief Justice/Chairman of the National Judicial Council or Secretary and delivered to the Headquarters of the Council in Abuja”.
◾NOTE THE PRACTICAL IMPLICATIONS OF THE PROVISIONS OF RULES 5(1) &(2) OF THE RULES (unless the CJN recused himself):
CJN Olukayode Ariwoola As the Chairman of the FJSC (unless he recused himself) signed the Memorandum submitting the name of his son, Mr Olukayode Ariwoola, Jnr to himself the Hon CJN Olukayode Ariwoola as the Chairman of the NJC, for recommendation to the President of the FRN for appointment as a judge of the Federal High Court.😂
. 1️⃣4️⃣. The National Judicial Council (NJC) headed by CJN OLUKAYODE ARIWOOLA (unless he recused himself) then considered and conducted interviews for Mr Olukayode ARIWOOLA, Jnr and other candidates whose names were submitted to it. It was after this process (see Rules 5(5) and Rule 6) that the NJC headed by CJN OLUKAYODE ARIWOOLA then recommended Mr Olukayode ARIWOOLA, Jnr to Mr President Asiwaju Bola Ahmed Tinubu, for appointment as a judge of the Federal High Court of Nigeria. By section 21(a)(i) of Item I in Part 1 of the 3rd Schedule to the Constitution, “The National Judicial Council shall have power to – (a) recommend to the President from among the list of persons submitted to it by – (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court”. I recommend the following papers for further reading:
(🅰️) Sylvester C. Udemezue and T. Hameed, “Circumscribing Powers of Stakeholders as a Panacea to Recurring Tension in the Process of Appointing Chief Judges for States in Nigeria” (2022) 5 (III), Redeemer’s University Law Journal (Redeemer’s University) 84. <https://www.researchgate.net/publication/370225303_Circumscribing_Powers_of_Stakeholders_as_a_Panacea_to_Recurring_Tension_in_the_Process_of_Appoi…