NANS Writes CJN, Alleges Kebbi State’s Acting Chief Judge of Forgery
NANS Writes CJN, Alleges Kebbi State’s Acting Chief Judge of Forgery.
National Association of Nigerian Students(NANS) has alleged the acting Chief Judge of Kebbi
State, Hon. Justice Umar Abubakar of fabricating documents over what the association described as “desperate attempt” to secure confirmation as the substantive Chief Judge of Kebbi
State, Nigeria.
This is contained in a letter written by NANS Secretary-General, Comrade Usman Kankiya and addressed to The Chief Justice of Nigeria and Chairman, National Judicial Council, Supreme Court Complex, Three Arm Zone, Asokoro, Abuja.
Comrade Usman Kankiya also copied the letter to relevant authorities like Director General of State Security Services, The Executive Governor of Kebbi State, His Excellency, Dr. Nasir Idris Kaura Kebbi, all members of the Judicial Service Commission, Kebbi State, and all members of the National Judicial Council, Abuja.
The letter reads,”Dear Sir,
COMPLAINT AGAINST THE ACTING CHIEF JUDGE OF KEBBI STATE, HON. JUSTICE UMAR ABUBAKAR FOR FABRICATING DOCUMENTS IN DESPERATE ATTEMPT TO SECURE CONFIRMATION FOR THE OFFICE OF A CHIEF JUDGE, KEBBI STATE OF NIGERIA
On behalf of over 80 million Nigerian Students, we bring you solidarity greetings from our National Secretariat in the spirit of Aluta. The National Association of the Nigerian Students (NANS) is an umbrella body of all Students of Nigeria origin studying both within and outside Nigeria.
In the best interest of Nigeria, Nigerians, and Nigerian Students whom we represent, we respectfully write to draw Your Lordship’s attention to potential constitutional crisis in the Kebbi State High Court that may affect the reputation and integrity of the Chief Justice of Nigeria, the National Judicial Council and the independence of the judiciary in general.
- As the tussle for seniority of Judges of the Kebbi State High Court continues between Justice Umar Abubakar and Justice Abbas Ahman, there have been some negative and disgraceful developments capable of destroying the independence of the judiciary.
- In 2019, when Justice M.S Ambursa assumed office as Acting Chief Judge of Kebbi State, he demoted Justice Abbas Ahman from No. 3 to No. 4 and elevated Justice Umar Abubakar from No. 4 to No. 3 claiming that it is the Governor that determines Order of Seniority of Judges not the National Judicial Council (NJC). Aggrieved by this unconstitutional action, Justice Abbas Ahman wrote a petition to the NJC for its intervention as the governing body of the judiciary by virtue of paragraph 21 (i) of part I of the 3rd Schedule to the 1999
Constitution. The petition was swept under the carpet until when you came to the office as the Chief Justice of Nigeria. - A Committee was set up by the Chief Justice of Nigeria to assess the merit or otherwise of the petition. At the sitting of the Committee, Justice Umar Abubakar submitted that it is the Governor that determines seniority of judges
of the High Court of Kebbi State by virtue of section 10 (4) of the High Court Law of Kebbi State, 1996. In proving his claim, he presented a forged document purported to be an Official Gazette of the Kebbi State Government wherein the then Governor of Kebbi State, Senator Adamu Aleiro allegedly declared Justice Umar Abubakar the senior over Justice Abbas Ahman. - The information about the forgery of the Gazette was disclosed by an insider who is ready to appear before any committee or NJC to testify. The insider has revealed that Justice Umar Abubakar invited his course-mate, who
was the former Solicitor General of the Ministry of Justice to manufacture the Gazette a day before Justice Umar Abubakar appeared before the NJC Committee on the 8th June, 2023. The copy of the unsigned gazette was inserted into the archives of the Ministry of Justice to create impression that the gazette exists. The forged gazette is not based on any memo from the Governor or a legal notice. - After thorough investigation, it was discovered that the gazette was fabricated. On the other side, Justice Abbas Ahman submitted to the Committee that seniority of judges in Kebbi state is not determined by the Governor because that would jeopardize the independence of the judiciary. He further
submitted that by virtue of section 158 of the 1999 Constitution, the NJC is empowered to regulate the affairs of judicial officers including appointment, promotion and discipline. Justice Abbas Ahman informed the committee that he was called to the bar in 1984 while Justice Umar Abubakar was called in 1991 and they were appointed as Judges same day, and that the oath office was
administered to them collectively. - Few weeks after the meeting of the NJC Committee, Justice Umar Abubakar released to the public an unsigned and undated document purported to be the report of the NJC Committee adopting his submission that it is the Governor that determines seniority of judges in Kebbi State and not the NJC relaying on Section 10 (4) of the High Court Law, Kebbi State, 1996 ignoring very important issues which include:
a. the long established policy of the NJC that when two Judges are appointed and sworn in the same date, what determines order of seniority is date of call to bar.
b. the warning issued by the NJC to Justice M.S Ambursa and Justice Umar Abubakar in 2014 for involving the Governor stating that he is the one that determines seniority of Judges.
c. that the NJC in its meeting held on the 27th May, 2014 directed the then Chief Judge of Kebbi State to amend the order of seniority of Judges of Kebbi State in accordance with year of call to the bar two or more judges are appointed the same day. And the then chief judge has amended the order of seniority and submitted same to the NJC.
d. that the 1999 Constitution which created the NJC and empowered it to regulate the affairs of the Judiciary supersedes the provision of section 10 of the High Court law of Kebbi State, 1996. - In addition, the purported report of the NJC Committee goes against the position of the same Committee in a recent similar case of Kogi State which was upheld by the Federal High Court per Hon. Justice Iyang Ekwo in suit no.
FHC/ABJ/CS/106/2023 between Justice Folajobi Ajayi vs. NJC and 4 Others where it was held that and I quote “…the NJC had constitutional
power and authority to make policy on order of seniority of judicial officers as it did in this case based on the year of call to the bar of the judicial officers…..that the policy of the NJC is in accord with the principle of equity,
fairness and good faith capable of preserving order, respect, fraternity and peace within the judiciary and among judicial officers”. See
http://www.vanguardngr./2023/07/kogi-court-dismisses-suit-seeking-o-void-
njcs-report-on-judges-seniority-dispute/ - A member of the NJC Committee who sat in the matter denied the
authenticity of the report and it is for this reason that we reasonably suspect that
the report has been concocted by the Acting Chief Judge, Justice Umar
Abubakar in his desperate attempt to secure confirmation as the substantive
Chief Judge of Kebbi State. - The purported report of the NJC made reference to a fictitious 99th
meeting of the NJC allegedly held on 30th November, 2022 stating that seniority
is accorded to Chief Registrars when they are to take oath as judicial officers
along with their seniors at the bar. We observed from the 99th meeting of the
NJC, such decision was not made by the NJC. The report was a pure fabrication. Log on to http://njc.ng/53/news-details. Assuming not conceding
that NJC in its 99th meeting held in 2022 made this a policy in the appointment
of judges, it cannot be applied to their appointment which was made in 2007. - A letter purported to have emanated from the Chief Justice of Nigeria was
also released to the public by Justice Umar Abubakar wherein the Chief Justice
of Nigeria stated that the NJC at its 102nd meeting has adopted the committee
report which has resolved the issue in favour of Justice Umar Abubakar
accepting that it is the Governor that determines seniority of judicial officers in
Kebbi State not the NJC. However, according to the information of some
members of the NJC present at the 102nd meeting and the extensive press release
on it website, the purported report of the committee has never been presented
before the council meeting and the petition was not mentioned among the
petitions either dismissed or acted upon. Log on to http://njc.ng/57/news-details. - The illogical, incoherent and submissive manner in which the purported
CJN’s letters were couched creates serious doubt in our minds that the Chief
Justice of Nigeria cannot be the author of the letters; he was either deceived into
signing the letters or that they were fabricated by Justice Umar Abubakar as he did on the official Gazette of the Kebbi State Government. - The Acting Chief Judge of Kebbi State, Justice Umar Abubakar also
released a letter purportedly signed by the Chief Justice of Nigeria, Hon.
Justice Olukayode Ariwoola, GCON stating that in Kebbi State, it is the
Governor that determines Seniority of Judges and not the NJC, and that the
office of the chief judge is a political one to be decided by the Governor, and
also the CJN was alleged to have waived interview for the appointment of
Justice Umar Abubakar as the substantive Chief Judge of Kebbi State. - It is for this reason that we make a clarion call to the Chief Justice of
Nigeria, Hon. Justice Olukayode Ariwoola, GCON to as a matter of urgency investigate this scandal and take proper actions as soon as possible in order to
save the image and integrity of the judiciary.” NANS Sec-Gen, Comrade Kankiya submitted.
