- ‘Frivolous attacks on judges to attract consequences’
Chief Justice of Nigeria (CJN) Justice Kudirat Kekere-Ekun yesterday prescribed the solution to conflicting rulings by judges of courts of coordinate jurisdiction.
Specking specifically about the Court of Appeal where panels have delivered conflicting judgments on the same issue, the CJN advocated conferences by the justices.
She said: ‘’The issue of conflicting decisions is one of great concern in our community at present time. And, one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserved judgments.
“It is strongly recommended that conferences be held. I cannot overemphasise this point. We are an appellate court for a reason, and the reason is that several heads are better than one.
“So, holding conferences, exchanging opinions and ideas on matters that come before us is extremely essential.
“We have presiding justice here. And if it has not been your practice, I want to appeal to you that you start making it a practice. It is a very, very essential tool in the work that we do.”
Justice Kekere-Ekun and Attorney-General of the Federation (AGF) Lateef Fagbemi (SAN) expressed displeasure over frivolous and unsubstantiated allegations against judges.
Although they advised judges to ‘’ignore distractions and attempts to compromise their independence,’’ they warned that those involved risked facing justice.
Former AGF Kanu Agabi (SAN) and the Chairman of Body of Benchers (BOB), Adegboyega Awomolo (SAN) also flayed ‘’the undue denigration of the Judiciary.’’
Federal Capital Territory (FCT) Minister Nyesom Wike said that he was ready to make sacrifices to see that the judiciary functioned effectively.
Fagbemi, Justice Kekere-Ekun, Agabi, Awomolo, and Wike spoke at the 2024 Justices of the Court of Appeal’s annual conference in Abuja.
The conference theme was ‘’Judicial introspection.”
Fagbemi, who noted the contributions of the Judiciary to the sustenance of democracy in the country, said: “For those who are disparaging the Judiciary, I can assure you, and I seize this opportunity to make this pledge, that they will be brought to justice, or like the Americans would say, we will take justice to them.”
Fagbemi noted the challenges to judicial independence come from various sources, including political interference and public opinion (especially perpetrated on social media).
He added that it was ‘’imperative that we remain vigilant and steadfast in our defence of judicial independence.”
Justice Kekere-Ekun said: “There is a growing negative perception of the Judiciary. We must all, individually and collectively, work towards changing negative perception.”
She recalled that the NJC, at its last meeting, resolved that while it would always look into genuine complaints against judges, it would also support judicial officers facing ‘’frivolous complaints’’
“We are looking at ways to ensure that where frivolous allegations are made, there are consequences,” Kekere-Ekun added.
She also expressed concern over recurring incidents of conflicting judgments at the Court of Appeal.
The CJN commended the Justices and their support staff for the achievements in the last judicial year and urged them to rededicate themselves to the task of ensuring enhanced access to justice for all.
She said: “While we celebrate our achievements. We must remain conscious of the challenges facing the Judiciary – backlog of cases, funding constraints, and public perception of judicial inefficiency – are of significant concerns.
“However, I believe that through introspection, we can develop innovative strategies to tackle these issues internally.
“For instance, by leveraging technology to streamline case management and enhancing the use of alternative dispute resolution mechanisms, we can improve efficiency and accessibility.
“Additionally, introspection compels us to reaffirm our commitment to ethics and accountability, ensuring that our actions remain above reproach.”
Agabi, in his keynote address, noted that judges were functioning in a precarious environment where absordities were becoming the norm.
He accused the society of playing the ostrich in its unwarranted denigration of the Judiciary, noting that “it is we who tempt the judges, yet, we are the ones who condemn them when few of them succumbed to these temptations.”
Agabi urged the judges to be mindful that “you live and work in an age where corruption has permeated every department of the nation.
“Dictatorship would never have taken root in our country if corruption had not first, permeated every department of it.
“That corruption can, by no means be blamed on judges, even though an insignificant number of judges have left themselves to be implicated in it.
“You live and work as judges in a time when nothing is predictable; a time when patriotism is at a low ebb, and the nation is stigmatised as an artificial creation.
“We have a total misconception of democracy as the right to do as one pleases without the rights of others.
“Politics is perceived as a game of deception; the end justice the means. We proceed on the false assumption that politics without fraud cannot produce results, we aim at being strong in numbers without being strong in spirit and truth. What can judges do in such a situation?
“We strive to fight falsehood with falsehood, but in the end, it is falsehood that is triumphing. Life is no longer sacred. We have reached that point at which Babylon was when bricks were worth more than life.
“That is where we are in this country, where power and wealth are everything and life is nothing. You blame that on the judges, no!.” Agabi said.
He urged the NJC not to limit itself to sanctioning errant judges, but should also act as their mouthpiece and protect them against undue vilification from the public.
Awomolo argued that the faults of a few bad eggs could not be used to assess all.
Court of Appeal President Monica Dongban-Mensem explained that the conference was a unique opportunity for introspection, knowledge-sharing, and growth among stakeholders.
Dongban-Mensem noted that judicial officers occupy a position of paramount importance in the administration of justice with their decisions exerting a profound impact on individuals, communities, and society at large.
She added that despite their expertise and experience, judges were not immune to the limitations, including errors, biases, and prejudices.
The Appeal Court President said: “To address these limitations and ensure the delivery of justices, judicial introspection offers a mechanism for self-reflection, in-depth analysis, and ongoing improvement.
“The emergence of social media has profoundly transformed the dynamics of interpersonal interaction, communication, and information dissemination, yielding significant improvements in the efficacy and scope of human connection.
“Nevertheless, this technological shift has also generated a range of challenges for the judiciary, including the management of online reputation, cyber-bullying, and harassment.
“The preservation of the integrity of digital evidence in the context of legal proceedings is now a thing of concern. To effectively navigate these complexities, it is only appropriate for the judiciary to engage in a process of regular intellectual upliftment.
“A regular examination of existing practices, procedures, and policies to ensure their efficacy, efficiency, and fairness in the digital age is imperative,” Dongban-Mensem said.
Wike said: ”I made a commitment to provide independent support to ensure that judiciary functions effectively.
“I assure you that we have established a security indicator to create an independent party for justice, not only to be done, but to be seen for the good of the people.’’
He urged the judges to recharge and prepare for the challenges of the coming year.
“The road ahead may not be without obstacles, but with unity, determination, and a shared commitment to justice, I am confident that we will succeed,” the minister said
