Nepotism in the Rivers judiciary

On Friday, May 24, 2019 the Chief Judge of Rivers State, Hon Justice Adanma Iyayi-Lamikanra swore-in 11 new Magistrates for Rivers State. This was done without any advertisement unlike the usual practice where vacancies in the Judiciary are advertised/publicised to enable persons who are qualified participate in the recruitment exercise. The entire process was an undercover arrangement with a list full of cronies and allies of the governor.

Those appointed to the office of Chief Magistrate Grade 2 of Rivers State are:
Chinelo Chidubem Odili – daughter of former governor of Rivers State, Peter Odili and ally of incumbent governor, Chief (Barr) Nyesom Wike.
Cecilia Ledum Mitee – daughter of activist and former President of Movement for the Survival of Ogoni People (MOSOP) Barr. Ledum Mitee.
Comfort Adangor – Wife of the incumbent Attorney General of Rivers State.
Dumyi Lessor Konya – Daughter of Mrs. Roseline Konya, Former Commissioner for Environment, River State and an ally of Governor Nyesom Wike.
Chinwe Nsirim Amanda.
Omonigho Wibani – Daughter of the incumbent Chief Judge of Rivers State.
Linda Sotonye Harry – Wife of Former Speaker of Rivers State House of Assembly, Tonye Harry.
Udenna Filipa Dike.
Onugbum Nnenda Obiageri – Wife of Special Assistant to Governor Nyesom Wike on Lands and Survey.
Nneka Eze Obuzor – Wife of Governor Nyesom Wike’s brother-in-law (brother of the governor wife).
Ihuoma Beauty Emmanuel Okere (Nee Wike) – a relative of Governor Nyesom Wike.
Important to note: Mrs Nneka Eze Obuzor is not qualified for the position of Chief Magistrate because she was called to the Nigerian Bar in 2014. By the Rivers State Magistrates’ Court Law No. 2 of 2004, a person shall not be appointed as Chief Magistrate Grade I and II unless qualified to practice as an advocate and solicitor of the Supreme Court of Nigeria and has been so qualified for not less than seven (7) years. Clearly, her appointment is a breach of the law.

To make things worse, there are several Magistrates who have been in service and are long overdue for promotion in accordance with the Civil Service Rules but have not been promoted. This calls into further question the integrity of the entire system which allowed new appointees many of whom lack experience on the bench to rank above the existing Magistrates.

It is now well known that some judicial officers are so closely affiliated or related to serving politicians that it should warrant their disqualification from certain matters such as anti-corruption matters and election petitions.

We have issues: Part of the problem is the inadequacy of statutory provisions for the appointments made to sensitive offices such as judicial offices and other agencies of government dealing with sensitive tasks such as anti-corruption. For instance, the statutory provision for the appointment of a Judge of the High Court of a State as stated in section 271(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is qualification to practice as a legal practitioner in Nigeria for a period of not less than ten (10) years. Nothing more.

In reality, this provision is grossly inadequate for such a sensitive office. Firstly, not everyone who is qualified to practice law is actually in the business of law practice either privately or as a civil or public servant. But the law only requires qualification to practice as a legal practitioner in Nigeria for at least ten years, and this can create room for the employment of persons who do not have requisite experience and capacity to be judicial officers. As a result, we have judicial officers with inadequate experience dispensing (in)justice.