Vice President Yemi Osinbajo says the appointment of judges should not be a ‘take a bow’ situation but a rigorous and merit-based process.

Osinbajo made this submission on Tuesday in his remarks at the Justice Sector Summit 2022 organised by the Nigerian Bar Association and the Justice Research Institute in Abuja.

The theme of the summit is “Devising Practical Solutions towards Improved Performance, Enhanced Accountability and Independence in the Justice Sector.

The Vice President called for improved budgeting, funding and remuneration of judges, adding that there is also need for transparency and accountability in finances of the judiciary.

He tasked the stakeholders to focus on practical and doable solutions to the problems in the short, medium and long terms.

“Also critical is the (need to) focus on the four or five clearly outlined areas; namely the establishment of the solely merit-based judicial selection and promotion process; a new approach to judicial budgeting and funding and the all important question of judicial remuneration and welfare.

“On questions of accountability, what is what is provided for being spent on?

“We must know exactly what is required and we must know exactly what is happening to what has been provided already.

“On the question of appointments, I think it is fair to say that, for practically any job at all, no matter how menial or exalted, there is a norm that the applicant has to go through a process of evaluation and interview.

“The rigour of such processes, of course, usually depend on the enormity of the responsibility that the applicant has to bear.

“Ultimately, the outcome considered reasonable from such an exercise is that it is the best from the applicants that will emerge successful.

“Which is why it is quite frankly stunning that the process for evaluation and interview of judges, men and women statutorily empowered to literally determine the life and livelihood of others is one of the least rigorous processes imaginable.”

He called for an examination of the process, saying that in the UK from where Nigeria derived most of the structures of its judicature, applicants to judicial offices in superior courts go through several screening processes.

Osinbajo said that, at some point, it was 17 stages, including written examinations and interviews.

“They are subjected to rigorous background investigation, covering professional credentials, public records, judicial pronouncements if they were in the judiciary before and personal financial affairs, evaluation of the Bar Association of the Law Society in England and professional competence and judicial temperament.

“In the US, of course, many of us even who are not participants in the process, watch how Supreme Court appointees are rigorously screened by the Senate which sifts through the entire public and sometimes private lives of the candidates.

“That is the nature of the rigour that anyone who should hold the power of life and death and the power over other people’s livelihood should go through.

“It shouldn’t be a take-a-bow situation at all; it should not be (handled with) kid’s gloves.

“It must be rigorous because obviously the moment a person is appointed, they are, as it were, unleashed on the rest of us and we must ensure that the process is rigorous.”

He said that the robustness and transparency of the process would provide some comfort to the candidate on the fairness of the selection process and enable the public to have front row seats in some of the processes.

He also said that, while much was expected from judicial officers, efforts must be made to ensure that the conditions under which they operated were not only befitting, but good enough to attract the best minds to the profession.

“Judicial remuneration and welfare are critical; why should a judge earn so much less than a federal legislator?,” Osinbajo asked.

There was also a panel session moderated by a former Nigerian Bar Association (NBA) President, Olisa Agbakoba.

The session featured Justice Abubakar Malami, Attorney-General of the Federation and Minister for Justice, Justice Amina Adamu-Augie of the Supreme Court and NBA President, Olumide Apata.

It also featured Femi Gbajabiamila, Speaker of the House of Representatives, who was represented by Onofioke Luke, Chairman, House Committee on Judiciary.