President Muhammadu Buhari has said that Justice Monica Dongban-Mensem could not be confirmed as substantive President of the Court of Appeal because security and law enforcement agencies were yet to complete her screening.
It would be recalled that Buhari approved had that Dongban-Mensem should be in acting capacity for another three months despite the recommendation by the National Judicial Council (NJC) that she should be confirmed as the substantive president of the court.
The president’s refusal to confirm her as substantive appeal court president has led to rumours that there have been surreptitious moves by the attorney general of the federation and justice minister, Mr. Abubakar Malami, to deny Dongban-Mensem the office and elevate the number two man whose religion and ethnicity conform to certain expectations.
To achieve that it was gathered that Dongban-Mensem has repeatedly been offered the gift of a promotion to the Supreme Court which she continues to decline.
Consequently, Buhari has come under severe criticisms by many Nigerians including a former military governor of Kano State, Col. Abubakar Umar who in a public letter to him on May 31, accused him of making “skewed appointments”, warning they may plunge the nation into ruin.
“May I also invite the attention of Mr. President to the pending matter of appointment of a Chief Judge of the Nigerian Court Appeal which appears to be generating public interest.
“As it is, the most senior Judge, Justice Monica Dongban-Mensem, a northern Christian, is serving out her second three-month term as acting Chief Judge without firm prospects that she will be confirmed substantive head.
“I do not know Justice Mensem but those who do attest to her competence, honesty and humility. She appears eminently qualified for appointment as the substantive Chief Judge of the Court of Appeal as she is also said to be highly recommended by the National Judicial Council,” he stated.
However, presidential spokesman, Mr. Garba Shehu reacted to the allegations in a statement yesterday (read the full text below) denying that Buhari is a ‘rubber stamp’ president.
“In making appointments upon the recommendations of other arms or agencies of the government, the President is not a rubber stamp that will mechanistically sign off on nominees that come before him,” he said.
Shehu stressed that the president would await relevant security clearance before confirming the acting president of the court for substantive position.
He contended that the president was not playing ethnic or religious card in choices of appointments.
He said Dongban-Mensem could still function as acting President of the Appeal Court within the specified period while security checks and other laid down protocols were being carried out.
The full statement
“In making judicial and other appointments, President Buhari is not a rubber stamp.
“In making appointments upon the recommendations of other arms or agencies of the government, the President is not a rubber stamp that will mechanistically sign off on nominees that come before him.
“The President has a duty to ensure that all such appointments meet the requirements of the constitution and protecting the supreme law of the land in this regard, he has an obligation to allow law enforcement and security agencies to do their work.
“Don’t forget our recent experience with ministers who were signed off upon and turned out as having not undertaken the compulsory National Youth Service, just to give you an example.
“In the specific case of the Acting President of the Court of Appeal, Her Lordship Justice M. S Dongban-Mensem, the statutory regulatory time of her acting period has not lapsed. This is not about ethnicity or religion.
“It’s about security and law enforcement agencies being allowed to complete their work. Nobody should seek to stampede the President in carrying out his constitutional duty in this respect.
“The President had not been a rubber stamp dealing with these matters before, and is not prepared to be one at this time. Let all allow the system to do what is right.”
