A Federal High Court sitting in Abuja yesterday summoned Chief Justice of Nigeria (CJN) Justice Aloysius Katsina-Alu and the Attorney General of the Federation and Minister of Justice Mohammed Adoke.
Also summoned is the Legal (LPPC) and Privileges Committee.
They were given 72 hours to appear before the court.
Justice Gabriel Kolawole wants them to come and show cause why judgment should not be entered against them in a suit filed by the Nigerian Bar Association (NBA).
He gave the order while delivering a ruling on an ex-parte application by the Registered Trustees of the NBA challenging the modalities of appointing new Senior Advocates of Nigeria (SAN).
They want the Court to stop the defendants from conferring the award of Senior Advocates of Nigeria SAN on deserving lawyers for the year 2010-2011.
Declining the exparte order, the Judge explained that he chose to give the defendants the opportunity to state their own side of the dispute because of the position the defendants occupy in the judiciary.
The NBA is arguing that crucial statutory provisions had not been complied with by the LPPC, the conferring authority of SANs, which is presided over by the CJN.
“That it is illegal that such a mandatory statutory provision has been ignored or sidestepped by the defendants in the purported discharge of their statutory functions.”
The NBA is arguing that the confidential reference by judges and the Bar, constituted the pillar upon which any appointment to the rank of Senior Advocate of Nigeria could be made.
It noted that a large number of lawyers had expressed dissatisfaction with the process of appointing SAN in recent time .
It said : “That the rank of Senior Advocate of Nigeria is an important institution in the legal profession of Nigeria and over the years there have been complaints of lowering of standards, abuse of process and outright corruption of the selection process and this has led to a large section of Bar calling for its total abolition.”
It stated that the attention of the Chief Justice of Nigeria was by a letter dated the 31st of March 2011 drawn to the breaches but his response was to proceed to fix the meeting of the LPPC for Monday the 4th of April 2011 for appointment of new senior advocates.
The NBA raised the following questions for determination by the court:
*Whether the Defendants particularly the 1st defendant have complied with the mandatory provision of paragraph 12-(1) of the Guidelines for the appointment of
Legal Practitioners to the rank of Senior Advocate of Nigeria made pursuant to section 7 of the Legal Practitioners Act in the appointment exercise to the rank of SAN for the year 2010-2011?
*If question no 1 is answered in the affirmative, whether the present exercise is not incompetent, null and void on account of fundamental breach by the defendants of the statutory guidelines for the appointment of numerous applicants to the rank of Senior Advocate of Nigeria for the year 2010-2011?
*Whether in view of the foregoing, the plaintiff is entitled in the circumstances to an order of injunction restraining the defendants from proceeding or purporting to proceed the appointment of Legal Practitioners to the rank of Senior Advocate of Nigeria made pursuant to section 7 of the Legal Practitioners Act in the appointment exercise to the rank of SAN for the year 2010-2011?
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Court summons Katsina-Alu, Adoke over SANs