Chief Justices of Nigeria have always craved for judicial independence and reforms. At public forum in Lagos last year, it was re-echoed by Justice Tanko Muhammad; KEHINDE OSASONA writes
In defence of judiciary
Undue subordination in the hands of the executive and the legislative arms of government according to stakeholders’ in the judicial firmament has over the years rendered the arm of government ineffective.
Last year, while speaking at the Nigerian Bar Association’s Annual General Conference in Lagos, the Chief Justice of Nigeria, Tanko Muhammad, pledged his commitment to as part of his planned objectives carry out series of reforms that would extricate the judiciary from executive wreckage.
While describing the theme of the conference “Facing the Future,” as apt, the CJN said though some, out of pessimism or timidity, might describe the future as bleak, “for the judiciary, under our watch, I can assure you that, by the grace of God, the future looks bright.”
Muhammad at the occasion equally reiterated the need for more justices to be appointed, saying that there is also the urgent need to address dearth of facilities, structures and other challenges bedeviling the judiciary.
He said, “I am optimistic that the judiciary will soon be financially independent. I will also work towards achieving holistic independence for the judiciary in terms of everything.”
Significantly, Justice Mohammad’s predecessors have, at different times, initiated reforms aimed towards re positioning it for task ahead.
Before now, concerned citizens have argued that the arm of government appeared to have lost its steam of adjudicating, which depicted it with the phrase ‘Last hope of the common man’
Apart from various allegations of corruption against some judges by the Federal Government, some bribery scandal has equally dragged its name in the mud.
‘I’ll lay down my life to defend judiciary’
Explaining further, Justice Muhammad said he was prepared to lay down his life to defend the independence of the country’s judiciary, saying the judiciary under him would continue to dispense justice without fear or favour.
The CJN said he cannot be intimidated or cowed by anybody to undermine the judiciary or the administration of justice in Nigeria.
“By the grace of Almighty God, I will tenaciously hold on to that even until that very moment of my last breath on earth. Let me assure this assembly, we don’t look at anybody’s face or feelings before making our decisions.
“If there is any deity to be feared, that deity is the Almighty God. We will never be subservient to anybody, no matter how highly placed,” he said.
Justice Muhammad noted that one of the fundamental issues affecting the independence of the judiciary was funding, especially at the state level.
He, therefore, appealed to the stakeholders in the justice system to allow the judiciary to enjoy its independence through adequate funding.
The CJN said allocations to the judiciary must be deducted from the first line charge so that heads of courts would not have to beg for funds from the executive arm of government.
He said further said, “Since my appointment as the chief justice, my focus has been on reinventing our processes, providing speedy and quality administration of justice, strengthening our structures from the Supreme Court to other courts of records and stamping out corruption from the system.”
Malami differs
Malami, who declared the conference opened, on behalf of President Muhammadu Buhari, said the federal government had demonstrated its respect for the judiciary by not dictating to it and accepting adverse court judgments without questions.
Malami also said the Buhari government was committed to strengthening institutions in the country.
According to him, “We have had to disrupt the age-long wrong assumptions and historical narratives of the presumed immunity of sacred cows in our society, simply to demonstrate that henceforth the law will be used as a potent instrument to regulate the activities of all persons and institutions in our country in a fair and transparent manner.”
He also used the occasion to reiterate the federal government’s resolve to probe the circumstances surrounding the failed project leading to $9billion arbitration award against Nigeria in favour of a British firm, P&ID.
He said all culpable individuals and corporate bodies would be punished.
Malami said, “It is a sad testimony with potential for national economic disaster when legal issues are handled ether in a compromised, ignorant or incompetent manner.
“Let me inform that without prejudice to our right to challenge this award, Mr. President has directed the Office of the Attorney-General of the Federation and Minister of Justice to take steps to ensure that all issues related to negotiation, signing, formation and obvious frustration of the purported contract are duly investigated and all persons and institutions, whether in the private or public sector, who acted in ways that have now made our dear nation face potential economic adversity and widespread opprobrium are made to face the law and prosecution in the law court.”
Recall
While outlining major reforms in the judiciary during his reign, the immediate past CJN, Walter Onnoghen, disclosed that the Nigeria’s Supreme Court handed down 243 judgements, out of a total of 1,362 cases it treated within the 2016/2017 legal year.
While speaking at an event to mark the opening of a new legal year for the judiciary and the swearing-in ceremony of new Senior Advocates in 2017, the CJN said the number of determined cases was a positive development, despite the ”numerous challenges faced by the judiciary” during the year under review.
He said, “In the course of the 2016/2017 legal year, the Supreme Court considered a total number of 1362 matters comprising motions, appeals and judgements.
“Under motions, we heard 82 political, 675 civil and 208 criminal motions, totaling 965.The court also considered a total number of 394 appeals comprising 96 political, 174 civil, and 124 criminal. In total, 243 judgements were delivered in the 2016/2017 legal year.
“This is by all means, an impressive report considering the persistent and increasing volume of cases that continue to come before this Court. I attribute this impressive performance to the hard work of judicial officers, support staff and the reforms we are implementing to improve justice delivery.”
Onnoghen nevertheless condemned the attitude of some politically exposed persons who appear in court, with a large number of legal representatives, saying the development stagnate the movement of activities in court.
He gave a new directive that lawyers representing anyone in court must not exceed five at a sitting.
“I have also observed the practice by members of the Bar wherein a lead counsel appears before the courts in the representation of a client with as many as 100 and even more lawyers. This translates to an unfortunate yet avoidable waste of the time of the court, which has to record the appearance of all counsels before it.
“Most of such entourages hardly have any active roles or participation in the matter for which they appear. Furthermore, such a large number of counsel fill up the courtroom thereby depriving other counsels for other matters as well as members of the public enough room to sit and observe proceedings within the courtroom.
“Some are therefore forced to stand or sit on the floor in a most undignified manner. This practice consumes space, time and more often than not, adds no serious value or serves any meaningful purpose to the case. If anything, it brings about undue sensationalism, an outcome which members of this noble profession are enjoined to shun.”
“I have therefore issued a directive, which should extend to other courts, that lawyers appearing in the Supreme Court should not be more than five for each party, including the lead counsel.
“We must accept that acts of misconduct of a few rub off on the rest of the judiciary and create the impression that all judicial officers have their hands soiled with the proceeds of corruption.
“Let me be clear here; it is not going to be business as usual for the few unscrupulous elements in our midst. I am determined to redeem the unfairly battered image of the judiciary. Any judicial officer found wanting would be dealt with decisively, and shown the way out swiftly.”
Consolidating on feats
Without doubt, the nation’s judiciary needs consolidation of the various reforms put in place by successive CJNs to redeem its image.
However, in doing that the successive CJNs must strive to leverage on the various existing optimistic plans by his predecessor to strengthened the judiciary and enhance its much craved independence.
