CJN vs Malami: Reforming the judicial system

There is the well-known contention that the judiciary is the last hope of the common man. What then happens when that hope is corrupted? Earlier in February, the media space was serenaded by Nigeria’s top two legal officers, the Chief Justice of the Federation and the Attorney General of Nigeria trading words over the 2022 budget of the judiciary.

Abubakar Malami had while speaking at a Justice Sector Summit organised by the Nigerian Bar Association (NBA) accused the judiciary of running an opaque budget and challenged the institution to make its allocations and expenditures open.

The AGF also accused the judiciary of being responsible for the protracted trial of high-profile corruption cases in the country. According to Malami, despite the legal framework put in place to speed up criminal proceedings, judges were still delaying timeous hearings and the determination of such cases, particularly as these concern Politically Exposed Persons (PEPs).

But Justice Ibrahim Tanko Muhammad denied the opaque budget allegation. He also pointed out that the political and economic conditions it is forced to operate in Nigeria are difficult compared to other climes.

He then threw a shade on the AGF while accusing the Federal Government’s prosecution headed by Malami of filing more charges than it can prove or provide witnesses to prove, ostensibly at times for the prosecution to even fail deliberately.

While we acknowledge the many challenges that the judicial sector in Nigeria faces, it is embarrassing to watch the top two legal officers admit their hopelessness in addressing the problems

While we acknowledge the many challenges that the judicial sector in Nigeria faces, it is embarrassing to watch the top two legal officers admit their hopelessness in addressing the problems and their obvious inability to work together. It begs the question: what exactly are they doing differently to leave a better judicial sector than the one inherited? Going by their exchanges, it may appear they have only sat by while their frustrations grew. If Malami and Justice Muhammad cannot work together, is there any hope of reforms in this critical sector?

We believe that 200 million Nigerians deserve a responsible and responsive judicial system. As many experts have noted in the past, the judicial system is due for structural and philosophical changes in the administration of justice as well as, the responsiveness of the system to social justice.

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Part of the reforms would be to see judicial models that assure the meritorious appointment of judicial officers and do away with improper considerations and influences that subvert justice and the role of the bar in enabling these considerations.

It is sad to note that the current system promotes mediocrity and denies the best hands the opportunity of being engaged. This is one reason why we are seeing a few well-connected individuals monopolizing the appointment of judges in the country.

This is despite the existence of provisions of the National Judicial Council (NJC) Rules (2014) meant to promote transparency in the process by requiring the publication of names of intending judges. These provisions are sadly sacrificed for the highest bidders leaving the selection process reeling under the scourge of corruption.

A compromised judicial system would only aid and abet corruption perpetrated by other arms of government. Thus, it is not surprising that Nigeria continues to rank high on the global corruption index.

The NBA had in January during its Justice Sector Summit at the Shehu Musa Yar’Adua Centre in Abuja expressed its commitment to tackling the decay in the system. While we applaud their dissatisfaction with the current state of affairs and the collaborative approach with the judiciary, it is equally important to remind the Olumide Akpata-led NBA administration that they will not be the first to publicly say all the right things they are going to do or even acknowledge the problem.

However, would they be the first to efficiently restore the uncompromising reputation and entrench a merit-based system in the justice system? Time will tell. But this potent factor of time is also running out.

Consequently, the likes of Malami and the CJN as well as the NBA should sit up and bequeath to Nigeria, a vibrant and merit-driven judicial system. And in saying this, we want to enjoin and remind all concerned that the labours of our heroes and heroine should not be in vain.