HoR to reexamine list of proposed states to fill High Court of FCT
By Tom Okpe
The House of Representatives is set to reexamine list of proposed States to fill the 12 vacancies, created to the disadvantages of others, in the High Court of the Federal Capital Territory, (FCT).
In a motion of ‘Urgent Need,’ to carry out this examination at plenary on Tuesday, moved by Rep Igariwey Iduma Enwo, the House noted that the High Court is one of the Judicial bodies in the FCT Judiciary, established by Section 255 of the constitution of the Federal Republic of Nigeria, 1999, as (Amended).
“Further noted that in the past few days, the media and the civil Society Community have 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.
“Observes 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 the 19th of February, 2024, for vetting, by the NJC, and subsequently, to the Senate for confirmation.
“Cognizant that 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.”
The House is further concerned that whereas every State of the federation has judges from their respective States, appointed in the FCT High Court system, 4 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, 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.
“Further 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 Sections (3) of the 1999 constitution which requires staffing from the 36 States and the FCT.
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“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 flood gates to litigation.”
The House also, urges the Chief Judge of the Federal High Court Abuja to immediately, halt the recruitment process until there is compliance with the Federal Character principle and quota system, and refer the matter to the Committees on FCT Judiciary, and Judiciary for the purposes of investigating the Federal Character approval, granted for the purpose and extent of compliance.
