Obaseki Swears-in Five New Judges, Parades Achievements in Judiciary

*Akpata tasks judges to discharge their duties as beacons of justice, equity, rule of law  

The Edo State Governor, Mr. Godwin Obaseki, has sworn-in five judges to the bench of the Edo State High Court, urging them to do right to all cases brought before them.

This was as the governorship candidate of the Labour Party in Edo State, Mr. OlumideAkpata, yesterday, charged the judges to discharge their duties as beacons of justice, equity and rule of law, regretting that other three judges were left out by Governor Obaseki.
Addressing the judges at the swearing-in held in Government House, Benin City, the governor said when complaints or petitions are received, it is important to take a step back and re-examine the petitions critically to make informed decisions.

“It is with delight that today I am swearing-in five additional judges to the bench of the Edo State High Court. When I came into office in 2016, one of the commitments we made was to strengthen the judiciary. This is because of its role in the democratic process. As a government, we are going to ensure that we support the judiciary.

“Let me start with the latest reforms which is, for me, assenting to the law providing for the autonomy of the judiciary. I believe that we are one of the few states in Nigeria today that have signed the bill of the autonomy of the judiciary into law.
“It is going through a learning curve but because we believe in the independence of the judiciary; we have demonstrated our commitment to wholistic reforms by enacting that law. We would work with the Chief Judge and members of the judiciary to continue fine-tuning the way and manner in which the laws are applied.

“You are all witness to the infrastructural upgrade which we have begun in the judiciary. From providing court rooms especially in Benin City to more accommodation for Judges. In the development plan we are currently designing, we have enshrined and have ensured that within the five years of implementing the new Edo State Master Plan, that the infrastructural development for the judiciary would be completed.

“In line with the other reforms which we are undertaking in the State, we are encouraging the judicial arm of government to take advantage of the digital infrastructure that the State is currently investing in as we have built over 2,000 km fiber optic connection across the State. We now have digital infrastructure in every area where we have a High Court. Please take advantage of the investment made.

“I thank the Chief Judge for the support he has continued to extend to the executive. I know that the swearing-in of judges that we are experiencing today have raised quite a few issues. As part of our intention to reform the entire arm of government in Edo State, when we get complaints or petitions that some of our choices will not go well to strengthen the judiciary, I believe it is important to take a step back and re-examine the petitions critically. This is what has happened in this case.

“We are currently waiting on the National Judicial Commission (NJC) to let us know the outcome of its decision on the other judges we have received petitions for and we will comply with the decision of NJC.
“We congratulate the judges being sworn in today. They are lucky as they are likely to spend more time in the service because of the extension in the retirement age. We wish you well and hope you will always do right to all cases brought before you.

Speaking on behalf of the new Judges, Osayende Ikwuemosi Awawu, said, “We are going to do our jobs and perform our duties to the best of our ability.”

Meanwhile, Akpata who congratulated the five judges sworn-in yesterday, condemned the leaving out of the other three judges who were all cleared by the the National Judicial Council (NJC) at its 102nd meeting held on June 14th and 15th, 2023.  

“While one must congratulate the five newly sworn-in Judges on their well- deserved appointments, it is a matter of profound regret that their achievements, and those of the three Judges, who are yet to be sworn in, have been tarnished by the grave injustice they have endured at the hands of Governor Godwin Obaseki. For nearly a year, these eight legal professionals languished in an unconscionable career limbo, with those previously in private practice suffering immense financial hardship through loss of earnings as they could not practice law as private practitioners having been recommended for appointment to the Bench. To subject any human being or public servant, let alone prospective guardians of justice, to such indignities is totally unacceptable. And now, by swearing in only five out of the eight recommended Judges without any reason or explanation, Governor Obaseki has further rubbed salt on the injury, riding roughshod over another arm of government in clear violation of the principles of separation of powers and in the process, leaving the other three Judges and their families in a precarious dilemma.

“As a senior member of the Bar and a former President of the Nigerian Bar Association (NBA), I condemn, in the strongest possible terms, the reprehensible conduct of His Excellency, Governor Godwin Obaseki, who willfully failed and refused to perform his constitutional duty to swear in all eight recommended Judges for nearly a year without any plausible justification. The fact that he has now proceeded to unilaterally select and swear in five out of the recommended eight Judges is simply a tragedy and a travesty.

“The laughable defence proffered by the Edo State Commissioner for Information and Strategy that petitions existed against the recommended Judges is an outright falsehood that defies credulity.

“As a member, at the time, of the very NJC that recommended these eight appointments, I can state categorically that all petitions were treated before the candidates were screened, and the successful candidates were the ones who were recommended for appointment to the Bench. It is a despicable act of calumny to besmirch the reputations of these innocent professionals merely to provide cover for the Governor’s dereliction of duty. The unvarnished truth is that Governor Obaseki’s refusal to swear in the eight recommended Judges for eleven months and his decision now, to swear in only five of the eight Judges, stem from his displeasure at the fact that the list did not include his preferred candidates. Rather than respecting the NJC’s recommendation, he chose to grind the appointment process to a complete halt through sheer obstructionism.

“Sadly, this is not an isolated incident but part of a disturbing pattern of Governor Obaseki’s flagrant disregard for due process and the separation of powers. In 2019, he similarly obstructed attempts to swear in fourteen duly elected members of the Edo State House of Assembly, displaying the same contempt for democratic tenets and institutions. For one who claims to be a democrat, such autocratic conduct is utterly reprehensible, and quite unfortunately, these ignoble actions will stand out as his enduring legacy, which no amount of spinning or propaganda can alter.

It definitely is no coincidence that this sudden decision by the Governor to swear in only five out of the eight recommended Judges, is coming five months before the Edo State gubernatorial elections. It is simply emblematic of the deceitful, self-serving politics that have become a hallmark of Governor Obaseki’s PDP government, putting partisan interests above the rule of law and the interests of the people.

“Such conduct strikes at the very heart of our democracy and the principle of separation of powers. It represents a contemptuous attempt to subjugate the Judiciary to the whims of the executive, stripping it of its independence and reducing it to a mere appendage of the governing party’s agenda. This is precisely why I have been at the vanguard of the struggle for comprehensive judicial reforms to emancipate our judiciary from the suffocating grip of executive overreach at all levels of government.

“I hereby call upon the National Assembly (NASS) and the newly constituted Constitution Review Committees of both chambers of the NASS to immediately initiate constitutional amendments that will permanently insulate the judicial appointment process from such reckless political interference. Concrete safeguards must be established to forestall any recurrence of this invidious travesty, not just in Edo State but across the entire Federal Republic of Nigeria. Failing to do so risks inflicting irreparable damage to our democratic institutions and the fundamental rights of our citizens.

“To the five newly sworn-in Judges, I reiterate my congratulations and urge M’Lords to embrace their new roles as beacons of justice, equality, and the rule of law. Their integrity, impartiality, and commitment to upholding the Constitution of the Federal Republic of Nigeria will be the ultimate bulwark against the erosion of our cherished democratic principles and values.

“The people of Edo State have endured enough. They deserve far better than the contemptuous disregard for due process that Governor Obaseki has displayed by first delaying for no reason the swearing-in of the eight recommended Judges and now swearing in only five out of the eight recommended Judges. As we approach the pivotal 2024 gubernatorial elections, we must demand accountability, transparency, and an unwavering commitment to upholding the sanctity of our institutions from those who would presume to lead us.”