Anenih defends Yar’Adua over justices’ appointment

Okey Muogbo, Abuja - 25.02.2008

Former Chairman, Board of Trustees of the Peoples Democratic Party (PDP), Chief Tony Anenih, has defended the decision by President Umaru Yar’Adua to elevate the judge presiding over his election petition in the Court of Appeal, Justice James Ogebe to the Supreme Court.

President Yar’Adua last week forwarded the names of Justice Ogebe and another Appeal Court Judge, Justice Mukhtar Coomasie, to the Senate for confirmation as justices of the Supreme Court, a move that has been criticized by the opposition parties as a ploy to undermine the petition before the Appeal Court.

But Chief Anenih in a statement on Sunday, stated that Yar’Adua had done no wrong by the nominations.

He explained that the president made the appointments in conformity with the constitution, adding that it was wrong for politicians to criticize judges who did not have avenues to defend themselves.

Chief Anenih said: “I am highly dismayed by these rather mischievous comments and incorrect interpretations of the President’s action which was consequent upon the recommendation of the National Judicial Council (NJC) to the effect that Justice James Ogebe and another Justice Mukhtar Coomasie should be elevated to the Supreme Court.

“In seeking the endorsement of the Senate for the appointment of the two justices, the President was acting in accordance with powers conferred on him by Section 23(1) of the 1999 Constitution.

“The appointments were to fill the vacancies created by the retirement of Justices Alfa Balgore (former Chief Justice of Nigeria) and Umaru Kalgo, respectively from the North Central and the North West.

“Nearly all the critics of the President agree that Justice Ogebe is eminently qualified for promotion.

It is, therefore, absurd to suggest that the promotion of this senior member of the bench, which is overdue, should be delayed simply because he is on a national assignment. It is tantamount to saying that government should stop the salaries of judicial officers because they have been given certain assignments to perform.

“Unfortunately, top judicial officers, like Justice Ogebe, have no opportunity of defending themselves, either in political circles or on the pages of newspapers. While criticisms, free speech and expressions are integral parts of our democratic system, they must be exercised always with a high sense of responsibility.

He stated that President Yar’Adua was an honest and straightforward person, who would not contrive what was being imagined by the opposition.