Tag: CJN

THE Chief Justice of Nigeria (CJN), Aloma Mukhtar, is right to be worried about the danger corruption constitutes to the dispensation of justice in Nigeria. Right from the time she was sworn in, she had made the battle against corruption in the judiciary a priority. She deserves support. But as this columnist pointed out sometime ago, the CJN needs to moderate her activism because of the sensitive nature of the post she occupies, a post probably more sensitive and rigorous than even the presidency. She needs to be firm; but she also needs to be temperate. She has an obligation to find the right balance.

Speaking last week in Abuja during a three-day Judicial Reforms Conference  jointly organised by the Nigerian Bar Association’s Judiciary Committee, the United Nations Office on Drugs and Crime (UNODC) and Access to Justice, the CJN came down hard on lawyers who defend those she described as corrupt judges. But how could she tell that the justices in question were corrupt until a properly constituted court declares them so? Just by thinking so? Just because many people think they were? Hear her: “Corruption has become a real cankerworm that has refused to depart. We receive petitions and we have always tried to hear from both sides because many times, many affected judges complain that they are not given fair hearing. Some judges come with as many as six SANs to defend them. I think the SANs are equally guilty. There was one that came with about six SANS, which showed they were working in tandem.”

Having used the wrong procedure to declare the judges corrupt, why is she still surprised that the so-called corrupt judges exercise their rights guaranteed by the constitution and the law to defend themselves? And by what jurisprudence does the CJN hope to preclude a guilty party from defending himself, even if the person was caught in flagrante delicto? What is even more stupendous is that the CJN sweepingly and incredibly describes lawyers who defend the accused judges as also guilty. In her view, this is because “You (lawyers) all know those judges that are corrupt. You all do, but you won’t report. You will be the one who will raise the issue that the Judiciary is corrupt, but you will not do your part.” Now, we all know, and are used to the fact, that even a murderer needs to be defended by a counsel of his choice, and that does not make the counsel guilty by association.

It may very well be that many of the judges the CJN feels are corrupt are indeed so. But the law, of which she is the leading exponent by virtue of her position, dictates that certain procedures must be followed in order for everyone to see that justice is done and seen to be done. One of the procedures is to presume someone innocent until he is proved guilty. The CJN’s laudable enthusiasm for an upright judiciary must not tempt her into unpalatable brusqueness in the administration of justice, nor into abridgement of time-tested processes in the civilized world by which justice is delivered. Her impatience is understood, and she may even be an instinctive radical in a profession that is universally acknowledged for its conservatism. But because justice is so crucial, especially when it involves life and death, not to say reputations, justice may often be served by useful conservatism. The CJN understands this seemingly contradictory philosophy. She should defend that philosophical underpinning much more than she crusades for judicial probity, as important as the latter is.

In addition, she spoke about the independence of the judiciary, which she says is eroded by judges who make a nuisance of themselves in Government Houses soliciting for funds to run their courts. Said she: “I tell chief judges to manage what they have. They should maintain a distance. We should try as much as possible to resist interference from the two other arms of government. The constitution guarantees our independence and we should strive to establish this.” Here again, she is only partly right. The truth is that some courts simply cannot run without funds, some of which is procured from the Government Houses she deprecates so casually. Would it rather not be better for her to ensure the judiciary is well funded?

Independence is good, even desirable, but we would to God Justice Aloysius Katsina-Alu, one of her predecessors, had taken that counsel before unadvisedly offering the independence of the judiciary on a platter of gold to an undeserving President Goodluck Jonathan. What seems apparent to most Nigerians is that the problem of the judiciary is less that of corruption than it is of character. Give us a judge with character, and all other great things will be added.

The Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, and the Administrator of the National Judicial Institute (NJI), Justice Umaru Eri, have urged judges to shun corruption and other unethical conducts to enhance public confidence in the Judiciary.

They said corruption and other unethical conducts among judges do not only violate their oaths of office but are also capable of destroying the judicial system.

The senior judicial officers cautioned judges against indolence, adding that judges should be committed to their oaths of office.

Justices Mukhtar and Eri spoke yesterday in Abuja at the opening of this year’s induction course for 38 newly appointed judges of the High Court, Customary Courts of Appeal and khadis of the Sharia Court of Appeal.

The theme of the event is: Nurturing High Standards of Judicial Performance.

Justice Mukhtar urged the new judges and khadis to urgently imbibe the good conduct expected of judicial officers of their status.

The CJN noted that a deviation from such conducts could have devastating consequences for the judge and the Judiciary.

She said: “The Nigeria Judiciary can no longer condone indolence, ineptitude, corruption or any form of judicial misconduct. As new judicial officers, your future is in your hands. Do your work well and you will have nothing to fear, but a lot to gain.

“However, if you choose the corrupt and dishonourable way or become indolent and unproductive, more of a liability than an asset, you can only have yourself to blame because the consequences will not be pleasing, though deserving.”

Eri, who regretted the negative impact of corruption on the nation, urged judges to shun acts of malfeasance to make the society a better place for all.

The NJI chief urged judges to treat with dispatch cases of economic crimes and corruption brought before them to aid the fight against corruption.

He said: “And, …to establish and sustain public confidence in the judicial process, judges themselves must be above board, shun corruption and avoid corrupt practices and other misconduct. You are all advised to stay on the side of caution.”

Eri, who also cautioned judges against indiscrete granting of ex-parte applications for interim injunction – without regard for the inconvenience that may result from their decisions – drew their attention to the provision of the Code of Conduct for Judicial Officers, which frowns at abuse of powers.

He said: “A word is enough for the wise. Furthermore, be mindful of the fact that granting of frivolous adjournments in cases before you will not only cause undue delay in the trial, but will impact negatively on the evaluation of your performance by the National Judicial Council (NJC). Poor performance amounts to gross indiscipline, which also attracts disciplinary action by the NJC.”

•UI VC urges Nigerians to be vigilant

A former Chief Justice of Nigeria (CJN), Justice Modibbo Alfa Belgore, has said the nation will overcome the Boko Haram insurgency.

Justice Belgore spoke yesterday in Ilorin, the Kwara State capital, when he delivered the keynote address at the second national conference of the Centre for Ilorin Studies at the University of Ilorin (UNILORIN), with the theme: Language and Religious Scholarship in West Africa: The Ilorin Factor.

The conference was organised by the centre.

Justice Belgore said only few countries existed without facing crises, adding that with time, the challenges would be overcome.

He said: “The country will be all right. It is a matter of time. Very few countries went through life without going through crises. So, this is our own crisis. It will soon end, by the grace of God.”

Also, the University of Ibadan (UI) Vice Chancellor, Prof Isaac Adewole, has urged Nigerians to be security-conscious to overcome the Boko Haram insurgency and other forms of insecurity.

The vice chancellor addressed reporters yesterday in his office in Ibadan, Oyo State, ahead of his 60th birthday on May 5.

He said the public needs to provide information to security agents to enable them nip acts of terrorism in the bud.

Prof Adewole said: “We cannot say, as a university, we are not affected by the insurgency situation rocking this nation. We must all wake up and tackle this insecurity challenges together, if we want to progress as a country.”

The vice chancellor stressed that the nonchalant attitude among Nigerians to security issues must change.

According to him, many Nigerians believe that anything security has to do with security operatives only.

Reacting to the recent kidnapping of over 200 school girls in Borno State, Adewole said: “This very unpleasant incident should further spur all of us to be more determined and focused to support the government and security officials by volunteering important information about any questionable movements or persons around any environment we may be at any time.”

Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar yesterday inaugurated the nation’s first woman President of the Court of Appeal (PCA), Justice Zainab Adamu Bulkachuwa. She urged judges to shun unethical practices, particularly corruption and acts that negate their oath of office.

Justice Mukhtar spoke while swearing in the sixth PCA. She observed that by their calling, judges were expected to always be above board and shun all acts capable of discrediting their offices.

Justice Mukhtar, who observed that the new PCA was assuming office at a critical time in the nation’s life, urged her to shun all forms of political pressures and discharge her responsibilities in consonance with the oath of office she just subscribed to.

She challenged Justice Bulkachuwa to provide a purposeful leadership; be dedicated to duty, shun all external pressures and lead by example.

Justice Mukhtar noted that Justice Bulkachuwa was assuming office at a time the Judiciary was undergoing reforms. She urged the new PCA to make all efforts to reposition the court and ensure that confidence in the court is restored.

“The office of the President of the Court of Appeal is very tasking and arduous, by this, you are charged to demonstrate purposeful leadership and ensure proper coordination of all the Justices and activities of the court in order to foster greater efficiency in the dispensation of justice. I emphasise here, leadership by example.

“Judicial service is a noble calling. A judicial officer’s nobility is exemplified in the personality of the judge, for in reality, the idea of citizens submitting their failings, vulnerability and frailties for determination before a human arbiter underlies the need for the exercise of the highest standard of professionalism.

“In fulfillment of this noble role, I therefore enjoin you, as a custodian of this sacred position, to shun all forms of political pressures and discharge your responsibilities in consonance with the oath of office you have just subscribed to.

“I congratulate you for your historic achievement, just as it is equally imperative for me to let you know that the task ahead is enormous and demanding. The Judiciary no doubt, has come a long way and we cannot afford to fail at this critical point in our nascent democracy,” Justice Mukhtar said.

Justice Bulkachowa assured the PCA of her commitment to the reforms in the Judiciary, particularly the fight against corruption.