The petition titled ‘RE: THE APPOINTMENT OF CHIEF OF GOMBE STATE. NON-COMPLIANCE WITH THE DIRECTIVES OF THE NATIONAL JUDICIAL COUNCIL (NJC) BY THE GOMBE STATE JUDICIAL SERVICE COMMISSION (JSC)’ and signed by the petitioner further described the whole charade as sheer injustice.
Justice Iliya noted that the consideration of seniority as a factor in appointing the substantive Heads of Court, has been the convention and urged the intervention of the NJC to curb the excesses of the JSC.
Part of the Petition reads “My Lord, I humbly refer to my letter dated 22nd September, 2020 on the inaction of the Gombe State Judicial Service Commission (JSC) following the directive of the NJC for re-submission of the nomination for the appointment of substantive Chief Judge of Gombe State to do the right thing by including my name as the most senior judge of the Gombe State High Court of Justice in the list of nominees.
“I have been reliably informed that the JSC has sent a memo to the NJC re-submitting the names of Hon. Justice Muazu A. Pindiga and Hon. Justice Joseph Ahmed Awak for the appointment of the Chief Judge of Gombe State excluding my name as the most senior judge which is not in compliance with the directive of the NJC following its meeting on 11th August, 2020 and the duo of Hon. Justice Muazu A. Pindiga and Hon. Justice Joseph Ahmed Awak are now being invited for an interview by the NJC Interview Committee to be conducted on the 23rd November, 2020.
“I wish to state that the current re-nomination made by the JSC is in defiance to the directive earlier issued by the NJC on this matter.
“Justice Pindiga with respect to the list of swearing in, numbering of Courts, as well as performance of all other functions. Its settled that I have always been recognised as the most senior of all currently serving Judges, in the Gombe state Judiciary.
“My Lord, the consideration of seniority as a factor to be borne in mind in appointing the substantive Heads of Court, has been the acceptable convention and in my case, there are no extenuating circumstances warranting departure from convention by the JSC except sheer injustice. Also there are no legal or moral justifications whatsoever for the injustice perpetrated against me nor for the flagrant disregard of the directive of the NJC under whatever guise by the Gombe State JSC steered by the Hon. Attorney-General of the state.”
Justice Iliya further prayed for “the just and upright intervention of the NJC to curb the excesses of the JSC and salvage system of administration of justice in Gombe State while restating my firm commitment to serve to the best of my ability.”