A meeting of the National Judicial Council [NJC] broke up in disarray earlier this month after an attempt by Chief Justice of Nigeria Justice Mariam Aloma Mukhtar to sidestep all the senior judges of the Court of Appeal in appointing a successor to the court's former President Justice Isa Ayo Salami, Daily Trust learnt in Abuja yesterday.

Salami, who had been on suspension since 2011, retired from service last October, paving the way for the appointment of a substantive successor.

Daily Trust learnt from sources in the Judiciary that Chief Justice Mukhtar has proposed to appoint Justice Mrs. Kudirat Kekere-Ekun, a junior judge of the Supreme Court as the new Appeal Court President. Mrs. Kekere-Ekun, from Lagos State, was an Appeal Court judge until her rise to the apex court six months ago.

If the Chief Justice has her way, then she would have shunted all the top jurists on the Court of Appeal. They include its most senior judge, Justice Dalhatu Adamu who was the Acting President for 15 months after Salami's suspension. Next to him in the line of seniority is the current Acting President of the Appeals Court Justice Zainab Bulkachuwa. Justice Amiru Sanusi, the Presiding Judge of the Appeal Court's Abuja Division is the third ranked while Justice Ja'afaru Mika'ilu is the fourth in line. Justice Amina Augie is the fifth ranked judge in the Appeal Court. 

Daily Trust learnt that the Federal Judicial Service Commission recommended the three most senior judges to the NJC to select and recommend one of them to President Goodluck Jonathan for appointment as Appeal Court President but the NJC meeting on December 4 ended in chaos when the CJN wanted to set aside all three nominees.

Sources said some NJC members walked out of the meeting in protest. They insisted that the seniority tradition must be upheld.

Since the Court of Appeal's creation in 1976, seniority was always upheld in the appointment of its bosses. Justice Mamman Nasir, who stepped down from the Supreme Court to become the Appeal Court's second most senior judge, became its president following the death of Justice Dan Ibekwe in 1978. When Nasir retired in 1992, he was succeeded by the most senior judge, Justice Mustapha Akanbi. Justice Umaru Abdullahi was also the most senior judge when he succeeded Akanbi in 2000AD, and he was in turn succeeded by Justice Isa Ayo Salami, the next most senior judge in 2010.

The Supreme Court too has always followed the seniority tradition in the last 40 years. Since the retirement of Chief Justice Sir Darnley Alexander in 1979, all his successors, Justices Atanda Fatai-Williams, George Sowemimo, Ayo Irikife, Mohamed Bello, Mohamed Lawal Uwais, S.M.A. Belgore, Idris Legbo Kutigi, Aloysius Katsina-Alu, Dahiru Musdapher and Mariam Mukhtar, have always been the most senior judges when the vacancy occurred.

Already, a private legal practitioner has written a letter to the Chief Justice urging her not to depart from the seniority rule in appointing the next Appeal Court President. Barrister Sanusi Musa of Kado Estate, Abuja reminded the Chief Justice that “NJC recently had cause to reject the nomination for the position of the Chief Judge of Rivers, Adamawa, Kwara and Osun States based on breach of seniority tradition. The respective state governors by virtue of powers conferred on them by the Constitution forwarded to the NJC their nominations for the post of Chief Judge of their respective states and in all cases NJC under your able leadership stood its ground and advised the Governors to forward the names of the most senior judges in their State's High Court for the appointment.”

Sanusi also reminded the CJN that she felt bad in 1979 when Justice Dahiru Musdapher was elevated over her to become the Chief Judge of Kano State. He urged her not to visit her colleagues with the same bitter experience by skipping over them in choosing Salami's successor.

Another judicial source told Daily Trust that Justice Kekere-Ekun is junior in the hierarchy to nine justices of the Appeal Court. The source said appointments to the Supreme Court are based on regional quota, not strict seniority, hence her elevation to the apex court above many of her seniors. He said if she were to return to the Appeal Court as its president, it could create a lot of bad blood and make its administration very difficult.

Spokesman for NJC, Mr. Soji Oye, declined comments when contacted by Daily Trust yesterday. For his part, NJC's Executive Secretary Halilu Danladi could not be reached.