subsection 4 of the Nigerian Constitution, which
states that the most senior judge acts as Chief
Judge pending the appointment of a substantive
Chief Judge.
Patricia Mahmoud, an Idoma from Benue state is
a judge of the Kano State High Court. She joined
the state Ministry of Justice in 1983 and rose to
become a Director of the Drafting and Research
department. She was appointed to the bench in
1992. She is active in the Association of Women
Judges in Nigeria and abroad. She has been the
Kano State Coordinator for Women in Nigeria
(WIN), a women's rights organization for years.
Justice Mahmoud is married to Mr. A. B.
Mahmoud, SAN, a one-time Solicitor General and
Attorney General and Commissioner of Justice of
Kano state.
In March 2014, Justice Mahmoud’s daughter,
Zubaida Mahmoud wrote an emotional piece
about social discrimination her jurist mother
faced as reproduced below…
My mom is Idoma, from Benue State while my
dad is Fulani from Kano State. They met in 1979
when they were both at the Nigerian Law School.
After their call to Bar, they were both posted to
Rivers State for NYSC. They got married in
January 1983 and settled in Kano State.
My mom joined the Civil Service that year -
worked in the Ministry of Justice. She was
appointed a Judge of the Kano State High Court
in December 1991. She has served Kano State for
a period of 31 years, 22 of which as a Judge.
She has been nominated at least twice for
elevation to the bench of the Court of Appeal. But
'disqualified' on the basis that she is not an
indigene of Kano State and cannot, therefore, be
considered under the Kano quota. The National
Judicial Council (NJC) has been applying the
Federal Character Commission Guidelines:
"Guiding Principles & Formulae for Distribution of
All Cadre of Posts" as a basis for such
disqualification.
The relevant paragraph of the sub legislation
states
"A married woman shall continue to lay claim to
her State of Origin for a purpose of
implementation of the Federal Character Formulae
at the National Level."
This, of course, implies that for my mom to be
elevated to the Court of Appeal, she has to be
nominated by the Benue State Judiciary, the State
she has never served. How will any reasonable
person expect them to skip their own Judges and
nominate her?!
For me, there are a number of issues with this
guideline.
1. The most important one, it conflicts with the
Constitution. The Judiciary is responsible for
interpreting and applying the Law and one of the
most basic things that even non-lawyers know is
that if any law is inconsistent with the provision
of the constitution, the constitution shall prevail,
and that other law shall to the extent of the
inconsistency be void. See Section 1(3) of the
1999 Constitution of the FRN.
Section 15(1) of the Constitution of the FRN
states that:
The motto of the Federal Republic of Nigeria shall
be Unity and Faith, Peace, and Progress.
(2) Accordingly, national integration shall be
actively encouraged, whilst discrimination on the
grounds of place of origin, sex, religion, status,
ethnic or linguistic association or ties shall be
prohibited.
(3) For the purpose of promoting national
integration, it shall be the duty of the State to -...
(b) secure full residence rights for every citizen in
all parts of the Federation;
(c) encourage inter-marriage among persons from
different places of origin, or of different religious,
ethnic or linguistic association or ties;...
The said guidelines are clearly inconsistent with
the constitution as it discriminates on the basis
of place of origin and sex.
2. The guidelines are discriminatory against
women, and I find it pitiful that the person
enforcing it against them is a woman. One would
think that even if such a guideline were in force
prior to her taking office, she would ensure their
rights are protected especially as it isn't even a
Law of the NASS.
But then again, I find that we (women) are mostly
our greatest enemy. It reminds me of the Senior
FEMALE Law School Lecturer that not only
addressed us as 'gentlemen in skirts' but always
made it a point to correct anyone that said
"Ladies and gentlemen" by saying "There are no
ladies at the bar, only gentlemen in skirts". In this
21st century!!! Such a degrading and sexist
comment were coming from a fellow woman. The
irony was that the male lecturers always
addressed the class by saying "Ladies and
Gentlemen" but for the female ones it was always
"gentlemen". It always baffled me. Why are we so
retrogressive, we hold on tight to archaic ways
and then expect to progress as a country.
3. My mom is the most senior Judge, by the way,
at the Kano State Judiciary (apart from the CJ)
and I dare say one of the most COMPETENT and
INCORRUPTIBLE ones (this, not because she's
my mother but a verifiable fact). She was
disqualified because she is not considered an
indigene of Kano, this, not minding that she has
served Kano State all her career life (31 good
years). The interesting part of it all is that the
person, that got the appointment, is originally not
an indigene of Kano either. She, like my mother
got married and settled in Kano, but unlike my
mother, has since then laid claims to Kano as her
state of origin.
How any reasonable person will sit and think that
this is fair and just is beyond me. Although I
believe and pray that this is what is best for her
in shaa Allah, I cannot overlook the injustice. She
has accepted it quite gracefully, but I can only
imagine her frustration.
She is next in line to become the CJ of Kano.
Although she has strong reservations about that, I
have told her that I think she will make a better
impact there than at the Court of Appeal because
anyone that knows about the Kano Judiciary at
the moment, will agree with me that it is in
turmoil. However, those, that don't want her to
benefit from the Kano quota because of her
indigeneship, are also against her becoming the
Chief Judge of Kano for the same reason. So I
ask, for a person in her position, what is she
expected to do? She shouldn't then progress in
her career because she married outside her
state?!
What are the lessons here for us young lawyers:
1. For the unmarried ones that wish to join the
bench in the future, well you know what to do.
When you meet prince charming, your first
question should be "Where are you from?" If he
isn't from your State then "to the left, to the left",
say bye-bye!
2. If you must, then remember to find an LG in his
state to lay claim to immediately! For those that
are already married, it might not be too late to do
that. Don't worry about people knowing your
secret, this is Nigeria after all, those that bend or
break the rules, always get ahead. I believe that's
the message the NJC is passing to the younger
generation.
3. Forewarned is forearmed!
I'm reminded of my friend that once told me her
mother not only wants them to get married to
someone from their state, but from their village as
well. I found it utterly ridiculous but as it turns
out, that is what the Nigeria of today encourages
so hey can you blame them?!.
In Nov, 2012, Hon Justice Ifeoma Jombo-Ofo
(JCA) made the buzz because the CJN at first
also refused to swear her in because of the same
reasons. There was a huge outcry against it
before she was finally sworn in.
However, it was a single success story because
as it turns out the NJC is still strictly applying
the Guidelines.
It's sad that we are holding on tightly to such a
retrogressive and discriminatory 'guideline'. And a
huge shame that the Judiciary is guilty of such
injustice! I cannot stress the irony there.
As for me personally, this is part of the reason
that when people ask if I would want to join the
bench in the future I reply "HELL NO!"


http://saharareporters.com/2015/01/10/gov-kwankwaso-appoints-christain-female-acting-chief-judge-kano-state

What's our business with her religion?

Na acting she be, discrimination dey evriwhere share.

We Nigerians place too much importance to religion.

Congrat ma. All hail d action governor, kwankwosiyya - Amana. We shuld pls do away religion and do wit competent. Anyway #TeamGMB/Osinbajo#

Did She Musulinta