Several events occurred in 2019 that cast doubts on the Judiciary’s status as an independent branch of government with separate powers, free of external control. Lawyers tell ADEBISI ONANUGA what changes they expect it to make in 2020 to regain its constitutional pride of place.

 

For many observers of the country’s judiciary, 2019 will probably go down as one of the most unforgettable.

It was a year that several unprecedented events occurred that would reverberate in the sector for a long time.

The year witnessed events that threatened, or according to some, eroded the rule of law, judicial sacredness and independence. There were also incidents of disrespect of court orders.

One of the events that stand out in this regard is the controversial ousting of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

Justice Onnoghen’s removal followed a petition by a civil rights group at the Code of Conduct Bureau (CCB), alleging that he owned “sundry accounts primarily funded through suspicious cash deposits’’.

He was suspended from office by President Muhammadu Buhari on January 26,  after he refused initially to make himself available for trial at the Code of Conduct Tribunal (CCT), despite his claims that the summon’s procedure was unconstitutional. In his place, the President appointed Justice Ibrahim Muhammad as Acting CJN.

His suspension divided the legal profession and attracted international attention even as President Buhari was also faulted for meddling in the affairs of the judiciary.

After months of legal ‘hide and seek’ and eventual trial by the CCT, Justice Walter Onnoghen was convicted on April 18 of falsely declaring his assets.

He was also barred from holding public office for 10 years. It was the first time a CJN was put on trial and convicted.

The National Judicial Commission (NJC), after initial opposition to violation of the Constitution by the executive, recommended Justice Onnoghen’s retirement, stating that it was in the best interest of the country.

President Buhari received Onnoghen’s voluntary resignation letter. It took effect from May 28.

Another ‘judicial’ unforgettable event in the outgoing year was Justice Muhammad’s confirmation by the Senate as CJN.

During the screening, the Acting CJN explained the meaning of “technicality” that went viral. Most lawyers felt the definition was, to put it mildly, unsatisfactory.

 

Disobedience to court orders

Perhaps one event that threatened the independence, power and sanctity of the judiciary and dominated the media space for a long time was the Federal Government’s reluctance to obey court orders.

Former National Security Adviser (NSA) Col Sambo Dasuki was arrested in December 2015 for allegedly diverting $2.1billion arms funds while serving during the administration of former President Goodluck Jonathan.

He was arraigned in court and granted bail with stringent conditions, but the Federal Government disobeyed the court order.

On July 14, the Court of Appeal in Abuja declared the continued detention of the former NSA, by the Department of State Security (DSS)as illegal, unlawful, and unconstitutional.

The appellate court held that the DSS and its Director-General acted constitutionally on the long detention of a Nigerian and fined it N5 million, to be paid to Dasuki as compensation for the breach of his fundamental right.

Even after the appellate court varied his bail conditions, the government still refused to release him.

Omoyele Sowore, on the other hand, was arrested by the DSS on August 3, ahead of a planned nationwide #RevolutionNow# protest.

Justice Taiwo Taiwo of Federal High Court  granted him bail in September and later, Justice Ifeoma Ojukwu, on October 4. Despite meeting bail conditions, the government refused to release him.

 

Desecration of the court

In the case of Sowore the DSS refused to comply with the order made by Justice Taiwo  for his release on bail. Even after the order of Justice Ifeoma Ojukwu for the release of Sowore and his co-defendant, Olawale Bakare was made and had been reluctantly obeyed,  armed security operatives stormed her  court to re-arrest the former.  In the process, he was brutalised in the courtroom while Justice Ojukwu was forced to rise due to the disruption of the proceedings of her court and seek shelter in her chamber.

A twist was introduced into the matter when the Attorney-General of the Federation Abubakar Malami (SAN) last Tuesday directed the release of Sowore and Col. Sambo.

Many hailed their release but activist-lawyer, Louis Alozie (SAN) described the government’s action as “an insult” to the judicial arm of government.

He said: “In a presidential democracy with separation of powers, court orders are meant to be obeyed. They are not subject to any executive orders before they can be obeyed.

“For me, the order by the Federal  Government for the release of Sowore and  Dasuki smacks of arrogance and executive lawlessness.

“It’s like an attempt to validate the orders of court, when in reality they ought to obey those orders without much ado,” he said.

This is to state just a few of such events and issues.

Delay in Justice administration

Another major issue that the various levels of the court have had to battle with has been delay in justice administration.

It appears that only in the Lagos judiciary was the problem minimised following the establishment of Backlog Elimination Programme (BPE), an initiative of the immediate past Chief Judge of the state, Justice Opeyemi Oke. Through the programme, cases are referred to arbitration to ensure their quick dispensation.

 

Stakeholder expectations for judiciary in 2020

Given the events in the outgoing year, stakeholder expectations for the judiciary in 2020 are high as they expect the judiciary to free itself of anything with the potential of limiting judicial sacredness, independence and the rule of law.

They expect judiciary to be more independent, to be firm on rule of law, obedience to court orders, restorative justice and find a way out of delay in dispensation of justices.

Lawyers believe it is time for the judiciary to chart a new course for itself and make the courts the hope of the common man.

Those who spoke on their expectation of the judiciary in 2020 included Chief Felix Fagbohungbe (SAN), Ebun Olu-Adegboruwa (SAN), Chief Fassy Yusuf, past Chairman Nigerian Bar Association (NBA) Sagamu branch, Prince Debo Oduguwa, a former member of the Ogun State Judicial Service Commisssion, Abayomi Omoyinmi. and Executive Director, Crime Victims Foundation of Nigeria (CRIVIFON), Mrs Gloria Egbuji

 

Fagbohungbe: Lessons have been learnt

Chief Fagbohungbe said: “Let us hope for the best in the new year because I can just say that everybody has learnt his lesson. The government, they have seen where they have made mistakes.

“The executive has learnt its lesson and that is why they released Sowore and Dasuki.  They know where they made mistakes and that is why they are doing something proper. The judiciary, too, has learnt its lessons and that is why the new year will be better.

“Everybody knows where it is not performing well. That is why they have to make amends in the new year

For Adegboruwa, the judiciary, as the third arm of government, “is about the most important institution for the true practice of democracy, which is anchored on the twin pillars of the rule of law and due process.”

He said the law is the engine of genuine democracy and without it, we cannot talk of a sane society. Thus, for the coming year, the judiciary should get its acts together to achieve a smooth administration of justice. It is the judiciary that is keeping society together, otherwise there will lawlessness and anarchy, if everyone is allowed to resort to self-help.

 

Funding, transparency

Adegboruwa asked Nigerians to unite to get the government to fund the judiciary to better place it to achieve the statutory roles placed upon it by the Constitution, of being the final arbiter of all disputes between persons and persons, between persons and governments and between governments and governments.

“Even though the budgetary allocation to the judiciary is small and far between, there exists internal mechanisms of generating revenue for the judiciary by way of filing fees, the huge penalties paid for late filing of processes, the high costs being imposed by the courts and the huge revenue coming in through the probate registry of the courts.

“There must be some internal mechanisms for the courts to properly account for their funds to maximise what is available. So, in the new year, I expect that the judiciary will focus more on infrastructure and in order to fast the process of justice administration,” he said.

 

Appointment of more judges

According to Adegboruwa, there is a paucity of judicial officers in many of the states with very busy judicial schedules, such as Anambra, Lagos and Rivers states and the Federal High Court.

He said there was no reason one judge should have over 700 cases in his docket, as he is human too.

“The cause list of the courts is too congested and what is needed in that regard is to build more courts and appoint more judges. In a state like Lagos for instance, with a population of about 20 million people, there should be at least 200 judges sitting and active.”

 

Better welfare for judicial judicial staff

Adegboruwa said it was not just enough to appoint judges and leave them to struggle to make ends meet. He said the government must take a bold step to improve the welfare of judicial officers through proper remuneration. And this should follow an established pattern of every two or more years. As it is, judges have no association through which they can press for better emolument except as it suits the powers that be.

In this regard, the National Judicial Council should partner with the Revenue Allocation Mobilisation and Fiscal Commission to work on a template that will see to the improvement of the salary and allowances of judges and other judicial staff.

He added: “Whether we admit it or not, the judges go to the same market as we all do, they send their children to the same schools and they contend with blackout to maintain their generators and their cars as the rest of society.”

 

Complete overhaul of the court system

The Silk observed that the world is gradually going digital and it is only proper that we embrace digital technology in the legal profession.

He said: “The electronic filing system will cure a lot of corruption in the system and fast track the judicial process. Lawyers and litigants are at the mercy of court officials, such as the court registrars, the sheriffs, the probate staff and other members of staff of the courts, without which, you cannot achieve anything. Electronic filing and service should be embraced. Parties should file their papers and adopt their arguments online without the necessity of appearing in court physically except when there is need to call witnesses during trial.The judge should read the processes filed, go through the arguments of lawyers and take a decision and communicate it to the parties through their lawyers.

“There is no reason any court should still be taking proceedings in long hand in 2020. So, I expect that all the court system will be automated and we can follow up processes online. If, for any reason, the court will not sit, then parties and their counsel should be well notified ahead of time except in rare cases of emergency.”

 

A fearless, independent judiciary

How can the judiciary become fearless, independent?

Adegboruwa believes that “If and when the courts are properly funded and more judges are appointed, then it would require deliberate efforts to grant autonomy to the courts to allow them function according to law and according to their conscience.

“In this regard, the issue of monitoring judges, through the law enforcement agencies, is an indirect way of intimidating and silencing them to do the bidding of the executive arm of government. A judge should be free to give his decision anyhow, without first thinking of how his Governor or President will react to it, as when that happens, then it means that everybody is not equal before the law.

“The common man expects justice from the courts, which is why it is called High Court of Justice. The courts should rise up and confront impunity and lawlessness on behalf of the ordinary man and be able to look the high and mighty in the eyes and speak truth to power.

“So, I expect that in 2020, the executive arm of government will obey the orders of courts more readily and where there is any deviation, the judiciary should stand firm and insist on its authority according to law. Judges should look the authorities in the face and call them to order. It is not being confrontational but rather having the fair mind to declare that law as it is.”

 

Consistency of judicial decisions

In the new year, Adegboruwa expects that the courts will harmonise the judicial system to avoid conflicting decisions. ‘’Law should be predictable, based on established patterns so as to properly regulate human behavior. Lawyers should be able to advise their clients based on existing common principles of law. The courts should not be changing legal principles at the occurrence of every new case, otherwise there will be confusion. As we all know it in the legal profession, if there is any reason to depart from the previous decision of the court, then let us follow the procedure prescribed for doing that and not this practice of having to cope with conflicting decisions of the courts on the same subject matter,’’ he added.

Read Also: 2019: Annus Horribilis in Nigeria

 

Synergy between the Bar, Bench

The SAN further called for closer ties between the Bar and Bench.

He said: “Lawyers and judges are critical partners in the administration of justice, so there must be effective collaboration between them for the good of society. The Nigerian Bar Association, the Body of Senior Advocates of Nigeria, the Body of Benchers and all other organs within the Bar should meet with the judges through the heads of the various courts, to suggest ways and means of improving justice delivery.”

For Chief Yusuf, the judiciary being the last hope of the common man should be treated as a sacred institution. Again, as the third estate of the realm or arm of government, it should be accorded no less a dignity accorded the executive and the legislature.

He said: “It should not be made subservient to the other arms. The doctrine of the separation of power must be accorded its deserved place in 2020.

“The judiciary must see itself as the custodian of rule of law and must be ready to defend, guide and guard the temple of justice with all its myth.

“I want to see judicial activism making an in road, once again into our judicature. The judiciary must be prepared to damn every demagogue and dispense justice without fear, affection or ill will.

“Rule of law must be held sacrosanct. Never again must the judiciary be made the whipping boy of any institution.”

He emphasised the age-long maxim that “Justice delayed is justice denied. In 2020, justice delay must be eschewed like the plague. The judiciary must re-strategise to remove all impediments to speedy dispensation of justice. The allocations to the judiciary must not be at the whims and caprices of the executive.

“Case management, timeliness, target setting, commitment, thoroughness and incorruptibility must hold sway in 2020 and beyond.”

Yusuf also urged that the judicature must take advantage of the vogue of sentencing to communal service.

“Conviction is conviction and sentencing every convicted person to a jail term compounds prison congestion.

“Like Caesar’s wife, the judiciary must live above board. It must be wholly transparent. The integrity of the judiciary must never be impeached.

“Lastly, in 2020 and henceforth, justice must not only be done, it must be transparently seen to be done in every material particular. Our society must accord the judiciary the dignity befitting it in 2020,” he added.

It was the expectation of Prince Oduguwa that in the new year,  the judiciary, as the last hope of common man, must be above board, brace to the challenge to uphold the rule of law so as to sustain the confidence of Nigerians in the administration of justice.

Oduguwa added: “There is need for the judiciary to embark on self-cleansing to ward off strange bed fellows to keep its reputation intact. It is expected that the judiciary will take bold steps to ensure effective enforcement of court orders.”

Omoyinmi urged the Judiciary to further improve on speedy dispensation of cases, especially criminal matters.

He said: “It must also avoid situations where conflicts in decisions, pronouncements and judgments are beginning to be noticeable in our justice system in recent times. The autonomy of judiciary is key and must take effect immediately in the new year. The Judiciary’s financial independence is essential, the judiciary should manage its finances and not wait for salary from the executive.

“The recent approval/appointment of more judges by the NJC will complement the number already in place, confidence will be reposed in litigants in the hope that justice is not delayed with more hands to deal with already congested cases in court.

“More technology should be introduced in our various courts. In this age, you still find our judges engaged in long hand recording of proceedings. I will expect that more courts be computerised in the coming year. Welfare of other judicial workers should be taken into account with the view to commanding their respect and loyalty.”

Egbuji noted that the ugly events in the  judiciary in 2019 have surprisingly shown to be very useful for more robust governance.

Egbuji further noted that all the arms of government, the executive, legislation and the  judiciary were heavily bruised during the year in the perceived performance of their roles, adding, “they all learnt very hard lessons on their powers and independence”.

Against the back drop of  events in 2019, she believed all other arms are justifiably wary of their roles and contributions now

She advised the various heads of the different arms of government to take advantage of the very rare opportunities the events offered to reshape and find d right direction for good governance and economic growth.