Legal luminary seeks insulation of appointment, removal of AGF from partisan politics
By Steve Oni, Ilorin
An Associate Professor of Law, Faculty of Law, Redeemer’s University, Ede, Osun state, Dr. Ifeoluwa John Koni, has urged the insulation of the procedure for appointment and removal of the Attorney General from partisan politics if they are to function effectively as the chief law officer of the Federation.
Koni spoke in Ilorin, the Kwara state capital, at the public presentation of his book titled, “Appreciating the Nigerian Legal System”.
He further suggested that the Nigerian Bar Association (NBA) ought to
play a major role in the appointment of an Attorney General, saying “this is imperative because once appointed the Attorney General of the Federation (or of a State) becomes the Leader and President of the General Council of the Bar pursuant to section 1 of the Legal Practitioners Act, Cap LI1, LFN 2004.”
He said: “It is therefore the height of absurdity for the Nigerian Bar Association not to have a say or voice
in the appointment of a Cabinet Minister who is going to head the General
Council of the Bar and, indeed, function as the leader of the Bar.”
On appointment and tenure of Judges, the legal luminary faulted the provisions in the constitution which says “a person shall not be qualified to hold the office of the Chief Justice of Nigeria (CJN) or of a Justice of the Supreme Court unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for more than 15 years and also prescribing 12 years post call for eligibility for appointment as a High Court Judge”, saying that the provision is too liberal to be desirable.
He said: “The implication of the Constitutional provision under reference is that a legal practitioner who has merely spent 15 years at the Bar is eligible to be appointed a Justice of the Supreme Court even where he has not shown a good mastery of the law.
“To cure this defect, a suggestion has been made in this book and it is hereby reiterated, that sections 231 (G), 238 (), 250 (3) and similar provisions of the Constitution should be amended to incorporate the requirement that in addition to being qualified to practise as a legal practitioner, the prospective appointee must show evidence of active involvement in the practice of law either as an advocate, a law teacher or law officer of the Ministry of Justice.”
The author frowned at the discrimination and disparity in retirement ages for the Justices of the Supreme Court and the Court of Appeal and other judicial oficers, arguing that “what applies to the Justices of the appellate court should equally be extended to Judges of the other superior courts of record, as what is good for the goose, as they say, is equally good for the gander.”
He added: “The procedure for the appointment of high ranking judicial officers should be such that only the
best and brightest are able to make the list. This will enhance the quality of the
Judgments delivered at all levels of our judicial hierarchy.
“After reviewing some of the recent decisions of the Supreme Court in
very controversial election petition cases, involving some candidates of the two leading political parties, the APC and PDP, the book on pages 104-105, has
called on judges, particularly of the higher courts, to begin to embrace the
elements of judicial activism by de-emphasising technical justice and toeing the path of substantial justice which is the current trend in America and other
democratically advanced countries.”