His Excellency, 
Pastor Umo Bassey Eno Ph.D
The Executive Governor of Akwa Ibom State

Your Excellency,

LOPSIDED AND DISCRIMINATORY APPOINTMENT OF NEW JUDGES IN AKWA IBOM STATE: A CALL FOR REVIEW IN LINE WITH NATURAL JUSTICE, EQUITY AND GOOD CONSCIENCE. 

We received with joy Your Excellency’s approval for the appointment of new Judges in Akwa Ibom State Judiciary in line with Rules 2(1) of the Revised National Judicial Council Guidelines and Procedural Rules to enhance the speedy dispensation of justice in the State.
As a legal Practitioner Practicing in Uyo, Akwa Ibom State, also being amongst those that clamoured for the appointment of new Judges into the Akwa Ibom State judiciary alongside other stakeholders in the justice delivery system. 

Your Excellency’s gracious approval sets in motion the process of selection of the new Judges and that process culminated in the shortlisting of some names published on the 15th day of November, 2024 by the National Judiciary Council (NJC) and the six (6) names for appointment as Judges are:
Ekanem, James Bassey Esq
Umohandi, Mfon Winifred Esq
Essien, Bassey Iwakaowo Esq
Marrison, Henry Comfort Esq
Ntekim, Edet Ekpo Esq
Eddie, Julius Sharon Esq

We are concerned that the process leading to the shortlisting of the above names did not take into consideration the interest of Private Legal Practitioners in Akwa Ibom State; it is worthy of note that out of the names shortlisted, five (5) names are members of the official Bar, only Ntekim Edet Ekpo Esq., is from the Private Bar and this is not a good precedent; as it stands, these appointments will depict the State judiciary as an extension of the Executive arm of Government and if this is allowed to stand it will erode the confidence  the people have in the judiciary in Akwa Ibom State.

It is also our concern that if there is any section of Legal Practitioners that should be appointed more into the Bench, it should be members of the Private Bar as they form the majority of Legal Practitioners in the State and they have been in constant interaction with members of the Public to known the standard and requirement of the justice delivery system that will meet the yearnings and aspirations of members of the public.  
       
Secondly, we notice with consternation that on that list contrary to the Revised National Judicial Council Guidelines, there is no appointee from the Annang extraction. We know as a fact that competent and eminently qualified Lawyers from Annang Extraction also applied to be appointed as judges, but regrettably, none of them was appointed and this is a clear case of discrimination and a breach of section 42 of the 1999 Constitution of the Federal Republic of Nigeria as amended. 

Your Excellency, we are writing to you to delay the official appointment cum swearing in of the shortlisted names as Judges  of Akwa Ibom state Judiciary pending when the concerns of the Private Legal Practitioners and Lawyers from Annang Extraction are addressed in line with the law, Natural Justice, Equity and Good conscience. 
It is our humble suggestion that additional names should be shortlisted to take care of Private Legal Practitioners and those from the Annang extraction, and if that cannot be done based on the available resources, the current list should be reviewed to include more Private Legal Practitioners and the interest of the Annang people duely considered in line with the law. 

We are confident in your capacity to do what is right at all times in the interest of the people of Akwa Ibom State and we will respectfully, commend His Excellency to read Rules 3(4) of the Revised National Judicial Council Guidelines and Procedural Rules  which provides thus:
 “upon receipt of the Governor’s clearance, the Head of the Court concerned-
In carrying out the shortlisting exercise, the Head of Court shall take into consideration, as much as possible professional expertise, seniority at the Bar or the Bench, Federal Character or geographical spread where necessary and possible, without compromising the cherished independence of the judiciary or allowing politics to permeate or influence the appointment and avoid recommending any person whose reputation in the locality had been tarnished”.

It is our utmost believe that His Excellency will consider the above cited National Judicial Council Guidelines and section 14(4) of the 1999 Constitution of the Federal Republic of Nigeria as amended in withholding/delaying the exercise of the power to appoint Judges provided in section 271(2) of the 1999 constitution of the Federal Republic of Nigeria until the right thing is done and this obvious discrimination is addressed. The judiciary as the last hope of the common man must ensure that justice is not only done to all and sundry but it must ensure that justice is manifestly seen to be done in all circumstances.

Your Excellency, should resist any attempt or prompting to hurriedly swear in the shortlisted names as Judges on Monday 18th, November, 2024 or so soon thereafter, in other to overreach and frustrate the legitimate grievances/demands of Private Legal Practitioners and Lawyers from Annang extraction who are marginalised. We are aware His Excellency’s intervention in the issue of the Akwa Ibom State Traditional Rulers Law  which has now  brought about lasting peace and unity in the State. 

Your Excellency we count on your usual prompt response in matters that impact directly on the life of the people of the state, as it will do no one any  scintilla of good if  the State Judiciary is seen as an extension of the Executive Arm of government due to the current  lopsided and discriminatory appointment of Judges. 

Yours faithfully,

E.E. Philip Esq

Cc: 
The National Judicial Council 
The Hon. Chief Judge of Akwa Ibom State
The President, Nigerian Bar Association

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