The National Judicial Council (NJC) recently made a significant move that may reshape the future of judicial appointments in Nigeria. For the first time in a long while, the NJC invited members of the public to comment on the suitability or otherwise of candidates shortlisted for appointment into various judicial offices across the country. This new openness in the recruitment process deserves commendation and, if sustained and properly managed, may herald a new era of transparency, public trust, and judicial accountability.

This commendable initiative aligns with global best practices. In developed democracies, judicial appointments are not cloaked in secrecy. Instead, they involve wide-ranging consultations, including public hearings, where interested citizens and stakeholders contribute insights or raise concerns about the integrity, competence, and past records of potential judicial officers. This is because the judiciary is not just a branch of government; it is the final arbiter of justice and custodian of the rule of law. Judges must, therefore, not only be competent but be seen by the public to be above board in character and impartiality.

By allowing the public to contribute to the vetting of judges, the NJC has shown its willingness to deepen democratic participation and rebuild public confidence on the bench. This is especially crucial in a country like Nigeria, where the judiciary has faced intense criticism, some justified, others frivolous. Giving citizens a voice in the selection of judges ensures that appointees are not only well-qualified in law but also known to be men and women of integrity by the communities they serve.

However, for this laudable process to achieve its desired objective, certain safeguards must be put in place. First, the process must be transparently conducted and brought to a logical conclusion. Where public objections are raised against a nominee, the grounds should be properly investigated, and the outcome is made public. Where allegations are found to be baseless, the candidate’s name must be cleared and protected from reputational harm. Equally, if the concerns are valid, the candidate must be disqualified, and the appointing authorities should be bold enough to uphold merit over sentiment.

Second, there must be accountability for those who abuse the process. The NJC rightly requires that any petition or objection be supported by a sworn affidavit. This is a wise step. Those who deliberately peddle falsehoods or file frivolous petitions against judicial nominees must be held accountable through perjury charges. 

The process of cleaning and strengthening the judiciary should not be hijacked by mischief-makers or used as a tool for vendettas. Public participation must go hand-in-hand with responsibility.

In conclusion, the NJC’s decision to open up the judicial appointment process to public scrutiny is a progressive move that deserves widespread applause. It shows a readiness to embrace transparency and to allow the people who are the ultimate beneficiaries of justice to have a say in who sits in judgment over them. We believe that this will not be a one-off gesture. Let it evolve into a permanent feature of our judicial system, supported by fairness, transparency, and discipline. The judiciary stands to gain, and so does the entire Nigerian state.

In this instance, the people and the system are announced as the winners.

Dr. Monday O. Ubani, SAN is a legal practitioner and public affairs analyst.