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NJC Cannot Dictate Chief Judge Nominee to Imo JSC, Attorney-General Insists

Published

3 hours ago

November 6, 2026

Joel Ajayi

The Imo State Attorney-General and Commissioner for Justice, Hon. Paul Obinatu has challenged the constitutional authority of the National Judicial Council (NJC) to direct the Imo State Judicial Service Commission (JSC) on the candidate whose name it should submit for consideration in the appointment of a substantive Chief Judge of the state, describing such an intervention as an encroachment on the constitutionally guaranteed independence of the State Commission.

In a statement issued on November 6, 2026, the Attorney-General maintained that the NJC lacks the constitutional authority to dictate, control or substitute its preferred candidate for the independent assessment and recommendation process entrusted to the Imo State JSC under the 1999 Constitution, as amended.

The objection follows a directive reportedly issued by the NJC to the Imo State JSC at its 112th meeting held on November 3, 2026, concerning the appointment of a substantive Chief Judge for the state.

The Attorney-General argued that the NJC’s constitutional responsibility to recommend a candidate to the Governor does not confer on it the additional power to determine or dictate the candidate the State Judicial Service Commission must submit to it. He maintained that the directive is constitutionally untenable because it interferes with a responsibility expressly vested in the State Judicial Service Commission.

SECTION 202 GUARANTEES IMO JSC’S INDEPENDENCE

Central to the Attorney-General’s objection is Section 202 of the Constitution, which expressly provides that the State Judicial Service Commission shall not be subject to the direction or control of any other authority or person in exercising its constitutionally assigned powers.

He argued that this provision establishes a clear constitutional safeguard against external interference in the Commission’s responsibilities and cannot be overridden by the NJC through administrative directives or procedural guidelines.

According to him, the NJC cannot invoke its national institutional status or its recommendation powers to exercise control over the Imo State JSC in a manner inconsistent with the Constitution.

Consequently, any directive requiring the State JSC to submit a particular candidate or dictating the outcome of its independent assessment would, in the Attorney-General’s interpretation, amount to unconstitutional interference.

CONSTITUTION ASSIGNS DISTINCT RESPONSIBILITIES TO NJC AND STATE JSC

The Attorney-General anchored his position on Section 271(1) and the relevant provisions of the Third Schedule to the Constitution.

Paragraph 6(a) of Part II of the Third Schedule empowers the State Judicial Service Commission to advise the NJC on suitable persons for nomination as Chief Judge of the state.

Conversely, Paragraph 21(c) of Part I of the Third Schedule empowers the NJC to recommend to the Governor, from among the list of persons submitted by the State JSC, a candidate for appointment as Chief Judge.

Section 271(1) further provides that the appointment shall be made by the Governor on the recommendation of the NJC, subject to confirmation by the State House of Assembly.

According to the Attorney-General, these provisions establish a clear constitutional sequence: the State JSC identifies and advises on suitable candidates, the NJC considers the submitted names and makes its recommendation to the Governor, while the Governor exercises the appointing authority subject to legislative confirmation.

He insisted that the NJC’s recommendation powers cannot be interpreted as authority to dictate which candidate the State JSC must select or submit, as doing so would effectively transfer the Commission’s constitutional responsibility to the NJC and render Section 202 meaningless.

NJC GUIDELINES CANNOT OVERRIDE THE CONSTITUTION

Addressing the NJC’s Guidelines and Procedural Rules for the Appointment of Judicial Officers, the Attorney-General acknowledged the Council’s authority to prescribe and enforce procedural requirements for judicial appointments.

However, he maintained that such guidelines cannot confer powers beyond those granted by the Constitution or be used to compromise the independent functions of the State JSC.

He stressed that the NJC’s responsibility to ensure compliance with appointment procedures must not be extended to usurping the constitutional authority of the Imo State Judicial Service Commission.

COURT DECISIONS REINFORCE ATTORNEY-GENERAL’S POSITION

In support of his argument, the Attorney-General cited several judicial authorities which he said affirm the importance of constitutional boundaries and institutional independence.

They include Elelu-Habeeb & Anor. v. Attorney-General of the Federation & Ors. (2012) LPELR-15515(SC), Kano State Public Complaints and Anti-Corruption Commission & Anor. v. Salisu & Ors. (2019) LPELR-47107(CA), and Bamisile v. National Judicial Council & Ors. (2012) LPELR-8381(CA).

Other authorities referenced are FRN v. Nganjiwa (2022) LPELR-58066(SC), NJC & Ors. v. Senlong & Ors. (2010) LPELR-4582(CA), and Attorney-General of the Federation v. Attorney-General of Abia State & Ors. (2024) LPELR-62576(SC).

The Attorney-General maintained that these authorities reinforce the principle that every constitutional institution must exercise its powers strictly within the limits prescribed by law, irrespective of its institutional standing.

IMO CHIEF JUDGE APPOINTMENT MUST FOLLOW CONSTITUTIONAL PROCEDURE

The Attorney-General warned that allowing the NJC to assume functions constitutionally assigned to the State JSC would undermine the integrity of the judicial appointment process and compromise the independence of the Commission.

He maintained that the issue is not a contest for institutional superiority between the NJC and the State JSC, but the need for each institution to respect the constitutional boundaries of its authority.

He further emphasised that the NJC’s responsibility to recommend a candidate to the Governor must not be confused with the power to control the independent selection and submission process of the State Commission.

The Attorney-General insisted that the ongoing appointment process must be conducted strictly in accordance with the Constitution, without interference that could undermine public confidence in the judiciary.

For the Imo State Attorney-General, the constitutional position is clear: while the NJC has the responsibility to recommend a candidate to the Governor, it has no authority to dictate to the Imo State Judicial Service Commission the candidate whose name it must submit in the exercise of its independent constitutional mandate.

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RMAFC Chairman Charges Directors, HODs on Accountability, Productivity

Published

1 day ago

November 5, 2026

The Gleamer

Joel Ajayi

The Chairman of the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), Dr. Mohammed Bello Shehu, OFR, has charged Directors and Heads of Departments (HODs) to demonstrate commitment, accountability and professionalism in the discharge of their duties to ensure the successful implementation of the Performance Management System (PMS) in the Commission.

In a statement issued on Thursday in Abuja by Head, Information and Public Relations Unit Maryam Umar Yusuf, mnipr stated that, Chairman gave the charge at the signing of Performance Contracts by Directors and Heads of Departments at the Commission’s headquarters in Abuja.

He described the exercise as more than the signing of official documents, noting that it represented a covenant of accountability and a commitment to delivering on the Commission’s strategic objectives through improved productivity and measurable results. He also noted that the initiative aligned with the Federal Government’s Renewed Hope Agenda under President Bola Ahmed Tinubu, GCFR, which prioritises institutional efficiency, good governance and improved service delivery.

Dr. Shehu explained that the PMS represents a deliberate shift from routine administrative activities to a result-oriented system that measures institutional and individual performance against clearly defined objectives.

He noted that the Commission had recorded significant progress towards its implementation through the development of a dedicated IT platform, organisation-wide staff training, capacity building for PMS champions, management sensitisation sessions and change management initiatives.

He emphasised that the system was not designed to be punitive but to empower officers, clarify responsibilities, identify capacity gaps and promote fairness in performance assessment. He therefore urged Directors and HODs to ensure that departmental targets and key performance indicators were realistic, measurable, time-bound and aligned with the Commission’s strategic objectives.

He assured staff of management’s commitment to providing the necessary support and enabling environment, while urging all officers to embrace the initiative and make accountability, professionalism and improved service delivery their guiding principles.

Also speaking, the Chairman of the Personnel Matters Committee (PMC) and Federal Commissioner representing Cross River State, Ntufam Eyo-Nsa Whitley, described staff as the driving force behind the success of the Commission, urging them to demonstrate discipline, diligence, emotional intelligence and dedication to their responsibilities.

He encouraged officers to take the performance management exercise seriously and give their best towards achieving the Commission’s objectives.

He further urged staff to support one another, embrace the reform process and avoid attitudes that could undermine teamwork and institutional progress. Hon Ntufam called on the PMS champions to demonstrate commitment and provide guidance to their colleagues, stressing that collective responsibility, discipline and effective implementation would ensure the success of the initiative.

In his welcome address, the Secretary to the Commission, Comrade Tosin Adeyanju, described the signing ceremony as a significant milestone in the Commission’s history, marking the transition from intention to action, planning to execution, and traditional performance evaluation to a modern, data-driven performance management system.

He appreciated the Chairman’s leadership and the Commissioners’ support, while acknowledging the critical roles of Directors and HODs in driving the transformation.

He urged management staff to take ownership of their performance agreements and ensure regular engagement, feedback and monitoring to achieve the desired results.

He stressed that the success of the PMS would depend not merely on signing the contracts but on the Commission’s ability to translate agreed targets into improved productivity, efficiency and measurable institutional achievements.

Earlier, the Director overseeing the Administration and Human Resource Department, Alhaji Ahmed Rufai Gidado, explained that the Commission had undertaken a series of activities towards the implementation of the Performance Management System and that the signing of the performance contracts represented a major milestone in the process, marking the transition from preparatory activities to the implementation phase.

In his lecture on The Role of Performance Management in Public Sector Transformation, Mr. Nwachukwu John, Head of Economy Team Performance Management at the Office of the Head of the Civil Service of the Federation (OHCSF), commended RMAFC for the progress recorded in adopting the PMS framework. He noted that the Commission’s commitment demonstrated its readiness to embrace public service reforms and align individual responsibilities with institutional and national development objectives.

He explained that the PMS was designed to connect the responsibilities of individual officers with departmental targets, the Commission’s strategic plan and the Federal Government’s priorities. He urged Directors and HODs to ensure that performance contracts were cascaded to other levels of staff through regular engagement and feedback, emphasising that the system was a productivity tool rather than a promotion exercise.

Similarly, Mr. Ohiro Emmanuel, PMS Consultant with Reliefline Nigeria Limited, delivered a lecture on Overview of the PMS Implementation Journey, during which he described the signing of performance contracts by Directors as a major milestone in the implementation process. He explained that the Commission had conducted staff training, developed a dedicated PMS IT platform and trained performance management champions to facilitate the process.

He stated that the next phase would involve cascading the performance contracts across departments, with Directors engaging their Deputy Directors and Assistant Directors, who would subsequently work with other officers to ensure that individual responsibilities were aligned with departmental targets. He urged the Commission to sustain the momentum and proceed with the cascading process to achieve full implementation of the system.

In his closing remarks, the Director of Reliefline Nigeria Limited, Mr. Francis Ikuyinminu, expressed appreciation to the leadership of RMAFC for their commitment and collaboration towards the successful development of the PMS.

He also acknowledged the support of the Office of the Head of the Civil Service of the Federation and other partners, reaffirming his company’s commitment to providing technical advisory support, capacity building and change management to ensure effective implementation of the system. He urged all stakeholders to sustain their partnership and commitment towards building a legacy of excellence

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