A former justice of the Supreme Court, Justice Ejembi Eko, has said that most heads of courts have been “captured” by the executive to do their bidding during the recruitment exercise of judges.

He said until the capital and recurrent expenditures of the judiciary are expressly made a first line charge on the Consolidated Revenue Funds of both the federation and of the states, the chief executives and the heads of court will not stop the unholy trade-by-batter in the shoddy recruitment process.

The executive have now found that planting their candidates on the State Judicial Service Commission (SJSC), Federal Judicial Service Commission (FJSC) and National Judicial Council (NJC) through the heads of court is now a guarantee “for winning elections” vide the judiciary.

He said the shoddy recruitment process, and the impoverishment of judges and the judiciary constitute the real existential threat to the rule of law in Nigeria.

Heads of court nominate members of these very important recruitment agencies for the executive to appoint.

He said: “Curtailing the enormous powers of the heads of court will ensure healthy recruitment process.

“The head of court is, after all, ‘primus inter peres’. Let the judges themselves elect one among themselves for a term who is the most suitable and capable administrator and manager of available personnel and resources. 

“The present practice of appointment of head of court on the basis only of gerontology needs to be reformed radically. 

“These days senior judges, in order to curry favour of the executive as potential head of court, do most despicable things for the executive; including appearing to be ‘bag boys’ and intellectual thugs on the bench of the executive.

“Recruitment on the basis only of seniority, in addition to the constitutional requirements, particularly to the appellate courts, which now is becoming the norm at FJSC and NJC, must be jettisoned. 

“Productivity, integrity and learning, not gerontology, should be the determinant.

“While poverty may influence corruption; poverty per se does not deny integrity. Mahart Ghandi and Mother Teresa, though poor, had integrity and value for truth.

““The Psychology of corruption is rooted more in avarice than in poverty. The nova riche are in most cases, more avaricious and corrupt than the poor. 

“The most corrupt judges are, in most times, from the middle and upper class.”