Ilorin stakeholder petitions Kwara Judicial Commission over discriminatory provision on judges’ appointments
The Ilorin Heritage Preservation Foundation has petitioned the Kwara State Judicial Service Commission over alleged discriminatory provisions in its guidelines for appointing judges of the state High Court and Kadis of the Sharia Court of Appeal.
In a petition dated November 10, 2026, and addressed to the commission’s chairman, Chief Judge of Kwara State, Justice A.A. Adebara, the foundation called for a review of the eligibility requirements contained in a public notice issued on October 26, 2026.
The foundation, through its Deputy National Coordinator, Luqman M. Shaffii, faulted the restriction limiting eligibility for appointment as High Court judges to indigenes of Ekiti and Ifelodun local government areas of Kwara State.
The foundation argued that the provision excluded qualified candidates from the remaining 14 local government areas of the state raises constitutional concern particularly section 42(1) of the 1999 constitution (as amended) which protects citizens against discrimination on the ground of community, ethnic group and place of origin.
The group maintained that judicial appointments should primarily be based on professional competence, integrity, experience, knowledge of the law and judicial temperament rather than local government affiliation.
It also cited Section 271(2) of the Constitution, which provides for the appointment of state High Court judges by the governor on the recommendation of the National Judicial Council (NJC).
The group further referenced Rule 3(6) of the 2023 Revised NJC Guidelines and Procedural Rules, arguing that geographical spread should be considered alongside other qualifications rather than used as an absolute condition for disqualifying otherwise qualified candidates.
The foundation also questioned the requirement that applicants must not be more than 60 years old, urging the commission to reconsider the provision in light of the amended Section 291 of the Constitution and applicable NJC guidelines.
On appointments to the Sharia Court of Appeal, the group faulted the restriction limiting eligible candidates to Kwara North and Kwara South senatorial districts, arguing that it unfairly excluded qualified persons from Kwara Central.
It said constitutional qualifications, recognised Islamic law qualifications, professional competence, experience and integrity should remain the primary considerations in the selection of Kadis.
The petition also raised concerns that the requirements could sideline senior legal officers within the judiciary who, according to the foundation, had acquired considerable experience and demonstrated integrity through years of judicial service.
Describing the judiciary as an institution responsible for protecting constitutional rights, interpreting laws and dispensing justice, the foundation said its recruitment process must reflect fairness, impartiality, transparency and accountability.
It warned that excluding qualified candidates based on their geographical origins could undermine public confidence in judicial appointments and create unequal opportunities among citizens of the state.
The foundation consequently asked the commission to withdraw the geographical restriction on High Court appointments and replace it with an open eligibility provision allowing all suitably qualified indigenes of Kwara State to apply.
It also urged the commission to review the 60-year age limit, reconsider the restrictions affecting appointments of Kadis, and ensure that the selection process complies with constitutional provisions and NJC guidelines.
Other requests included suspending or extending the application deadline to accommodate the proposed review, publicly explaining the legal and administrative basis for the restrictions and maintaining the established practice of giving consideration to senior judicial officers.
The petition was also copied to the National Judicial Council, the Kwara State Governor, the Attorney-General and Commissioner for Justice, and the Nigerian Bar Association, Ilorin Branch.
The foundation stressed that its objection was not directed against any local government area, individual or prospective applicant but against provisions it considered capable of creating unequal opportunities among citizens of the state.
