…SANs, senior lawyers affirm rot, disorder, set agenda for new CJN
The Nigerian judiciary has moved from a revered institution to one that attracts the sneer of many citizens. It is seen today as an institution that has sold itself to materialism, sacrificing ethics, professionalism and good conscience.
Frivolous rulings and ex-parte orders have continued to emanate from various courts across the country despite the hues and cries against the dishonorable conduct that has brought disrepute to the Bench. A recent case is Rivers State where two conflicting judgments nearly marred local government elections.
In 2021, the then Chief Justice of Nigeria (CJN), Justice Tanko Ibrahim Muhammed, concerned by indiscriminate granting of court orders and injunctions by some pliable judges, tried to end the ugly trend.
He, therefore, summoned before the National Judicial Council (NJC) the then chief justices of Rivers, Anambra, Jigawa, Kebbi, Imo and Cross River.
Also, following the conflicting court decisions triggered by the Kano emirate crisis in May, Olukayode Ariwoola, the immediate past CJN, wielded the big stick against the judges that issued the contradicting orders.
Politicians now run away with victory via legal abracadabra – Atiku
The judiciary has increasingly come to public condemnation as a result of the growing perception that political parties and politicians nowadays leverage controversial rulings to run away with electoral victory.
Atiku Abubakar, a former vice president, had, after the 2023 general election, alleged that politicians were almost turning the once-respected Nigerian judiciary into a ‘cash and carry’ institution.
He said: “It gets more curious that all the states where the courts have made controversial declarations are states being controlled by the opposition political parties. From Nasarawa, Kano, Zamfara and now to Plateau State, where we are witnessing a situation in which what the ruling party missed out on Election Day are being delivered to them through the courts.
“These are clearly ominous signs that threaten not just our faith in the electoral and judicial system but evincing that our democracy is compromised.”
Atiku also recalled that, “Recently, the Asset Management Corporation of Nigeria (AMCON) withdrew a N135bn lawsuit it had instituted against an opposition senator from Anambra State less than 24 hours after he defected to the ruling party.”
Read also: Tinubu swears in Justice Kekere-Ekun as CJN
Dattijo, Akpata, Falana, Agbakoba, Odinkalu confirm rot in judiciary
At various times and different fora, some important personalities have had to condemn the decadence in the judiciary.
Justice Dattijo Muhammad, who retired last year October after 47 years on the judiciary, said in his valedictory speech that judgments emanating from courts in recent times had been questionable and showed obvious compromise.
He pointed out that the judiciary was beset by political patronage, nepotism, among other ills.
This view was also corroborated by Olumide Akpata, a former president of the Nigerian Bar Association (NBA).
Femi Falana, a senior advocate of Nigeria (SAN), was of the opinion that the judiciary under military dictatorship was much more courageous and had better integrity than what is obtainable today.
Olisa Agbakoba (SAN), a renowned maritime lawyer, said, “The judiciary has never been so low as it is today. So, we can’t grow if we have a weak judiciary and, therefore, the only way to go is to break up this mafia in the Supreme Court. We have to break it up.”
Chidi Anselm Odinkalu, a lawyer, who teaches at the Fletcher School of Law and Diplomacy, said: “The judges have toppled the people and installed themselves as the ones who alone can elect politicians to positions of power and influence in Nigeria. Access to political office now, therefore, is a transaction that begins and rests with political access to judges. Having thus murdered the rule of law, what we now have is rule by judges under which both political power and judicial office have become bereft of legitimacy. The victim is the public good.”
Judges retire after corrupt enrichment of selves – Jega
Attahiru Jega, a professor and former chairman of the Independent National Electoral Commission (INEC), recently lashed out at judges and lawyers enriching themselves for their participation in election cases in the country.
He gave instances where some corrupt judges were appointed to election petition tribunals in order to corruptly enrich themselves by selling judgments to parties that paid them the highest bribes.
Jega also noted that such corrupt judges quickly went into retirement after they had made so much money selling judgments to the highest bidders.
He said: “Some senior lawyers have become stupendously wealthy defending corrupt public officials or handling electoral litigation for governorship and presidential candidates.
“Similarly, many judges have become notorious for corrupt enrichment for ‘cash and carry’ judgments, especially in election matters generally and in election tribunals, more specifically.
“Some election tribunal appointments were in the past widely said to have been made to senior judges about to retire, who allegedly ‘sold’ judgments, most likely to the highest bidders, enriched themselves and quickly retired to avoid being sanctioned by the National Judicial Council (NJC).
“When lawyers use technicalities to subvert justice and ‘win’ cases without regard to the perpetuation of injustices, they basically help to undermine, rather than enhance national development, peaceful coexistence, and security. They discard ethical and professional conduct, and put parochial and/or self-serving objectives in the forefront of their practices.”
Read also: INEC’s integrity rating further drops on back of Edo election
The clergy scream foul
Members of the clergy are also shocked at the goings-on in the judiciary, deploring the slowness of adjudication of cases, resulting in unjust punishment of innocent citizens.
Most Rev. Lucius Iwejuru Ugorji, president of Catholic Bishops Conference of Nigeria, (CBCN), raised the alarm over the number of citizens languishing in correctional facilities across the nation, without trial.
“In our judicial system, we look forward to a day when cases are dispatched expeditiously, when suspects are not detained indefinitely in prison without trial.
“It is unfortunate that our prisons are full of suspects, whose cases have never been brought before the court of law. Let it not be said that our country operates the Lydford Law, punishment first and trial later,” Ugorji said.
According to him, “To maintain a strong judicial system, the appointment of judges by the executive arm of government, based on the recommendation of the National or State Judicial Council and the ratification of the legislature, must always be seen to be based on the qualification, competence, integrity and ability of candidates.
“When in the appointment of judicial officers, these prerequisites are sacrificed on the altars of nepotism, religious or political affiliation, the entire judiciary suffers. It is a scourge for a nation or state to have unqualified, incompetent or corrupt judges.”
Agenda for new CJN
Speaking exclusively with BusinessDay, Agbakoba said that Justice Kudirat Kekere-Ekun must work very hard to rebuild public trust in the Judiciary, which sadly has declined.
“There has to be a complete overhaul of the operating model of the courts,” he said.
According to him, “To take up to 20 years for cases to crawl up to the Supreme Court gives little confidence to anyone, not least investors. The first task is to create a speed of justice programme. The courts need new rules of procedure. The current rules are a modified version of the English rules from just under 100 years ago. To achieve a new modern operating model is not necessarily by appointment of a bench of new Judges, but in the capacity and productivity of one Judge.
“So, Judges must be enabled by transformational rules of procedure to work 24/7. The courts never close. A claimant may file action at midnight. A judge must have what is called ‘case management powers’ to deal with cases expeditiously with the fundamental objective of speed and to give a result to court users – in much the same way that a medical doctor treats patients with measurable results.”
Ajibola Oduwole, a senior lawyer, who spoke with BusinessDay, said that it had become imperative to set an agenda for Justice Kudirat Kekere-Ekun, the new chief justice of Nigeria, as this will restore public trust in the judiciary.
Oduwole said, “The first area of focus must be judicial appointments. She must ensure merit-based appointments through transparent processes, addressing criticisms of the National Judicial Council’s handling of appointments.
“She has to implement clear consequences for abuse of interim injunctions and ex-parte orders, and establish a central database for judges to share information on ongoing cases.
“The new CJN must uphold discipline and accountability within the judiciary, addressing escalating patterns of judicial corruption, and ensure prompt and decisive disciplinary processes.”
Oduwole further suggested that she must “reform the election dispute resolution system to ensure that the will of the people prevails,” adding that the Supreme Court must be reformed by “limiting the types of cases that get to the Supreme Court.”
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