The event was a valedictory court session intended to bid farewell to Justice Stanley Alagoa, who attained the mandatory retirement age of 70 years.
Usually, such an event affords speakers the opportunity to engage in an assessment of the performance of the retiring judicial officer and mostly, eulogise them and offer prayers for a good life in retirement.
However, the court session held in the “main court” of the Supreme Court on October 4 for Justice Alagoa, took a slightly different pattern. He retired from the Supreme Court after serving for a year.
Although there were praises, prayers and eulogies for Justice Alagoa, the event afforded speakers the opportunity to call for a major change in the appointment process in the Judiciary.
Nigerian Bar Association (NBA) President Okey Wali (SAN), Thompson Okpoko (SAN) and Justice Alagoa called for a reform in the appointment of judges to curb corruption and ensure efficiency in the court system.
Wali and Okpoko sought a process that produces young persons as Justices of the apex court to stem the current high turnover rate of its justices.
They also suggested that quota system and regional or geographical considerations in the appointment of justices, at the Court of Appeal and Supreme Court, should be jettisoned.
Alagoa suggested a more rigorous process to ensure that “only men and women of proven integrity and courage should be picked to sit on the bench”.
He blamed corruption in the judiciary on the influence of politicians, businessmen and traditional rulers.
Wali was represented by former Justice Minister, Adetokunbo Kayode (SAN). He blamed the high turnover rate of Justices at the apex court on the practice where Justices were only promoted from the Court of Appeal based on quota and geography.
“This practice, strangely not based on any known law or regulation, is patently responsible for the position the Supreme Court has now found itself.
“The effect of the promotion and zonal representation dynamics in the court is that it is unwittingly denying the injection of younger blood into the court even though Section 231 of the Constitution merely provides for a 15-year post call for a person to be qualified to hold the office of Justice of the Supreme Court and no more,” Wali said.
He argued that in spite of the provision of Section 231 of the Constitution and the recommendation in the Udoji Report of 1975 (to the effect that only persons with exceptional ability should made Justices of the apex court, and that selection should extend to lawyers in practice and those in the academics), the nation is still stuck with the practice of mere elevation from the Court of Appeal.
“It is clear that candidates for the court (Supreme Court) in more recent years are invariably older than those appointed before 1980. 76 per cent of all appointments before 1980 were of persons of 50 years of age or younger.
“Take, for instance, all the Justices in the court as at 2004 are now retired. As at today, only six out of the 16 Justices of the court in 2008 are serving. In the past seven years, we have had six Chief Justices of Nigeria. By 2016, at least nine Justices off this court, as constituted, will have retired,” Wali said.
He described Justice Alagoa as a brilliant jurist, who despite the shortness of his time at the apex court, rendered ‘immeasurable service to his fatherland’.
Okpoko suggested that the process should change to ensure that a Justice with not less than five years to retire is appointed the Chief Justice of Nigeria (CJN).
He observed that of recent, changes at the headship of the Supreme Court have been frequent.
Okpoko, who spoke for the Body of Senior Advocates, argued that such frequent change in the leadership of apex court makes stable policy formulation and execution impossible.
Also relying on the provision of Section 231 of the Constitution, Okpoko suggested that the choice of appointment should be extended to the bar.
He said the inner Bar prefers appointment of fresh hands.
“Section 231 did not limit appointment to Justices of the Court of Appeal or restrict legal practitioners from being appointed Justices of the apex court.
“If the Supreme Court is to have the best Justices, quota system or geographical spread should not be a basis for appointment of Justices of the Supreme Court.
He faulted the appointment of old men and women as Justices of the apex court.
“This does not appear good for the national judiciary. Let us get our Justices to the Supreme Court early enough to give their best,” Okpoko added.
Justice Alagoa, who regretted the increasing cases of corruption in the Judiciary, urged judges to stand their ground and ensure justice. He called for sanctions for any judge found wanting.
Stressing the attributes of a true judge, the retiring jurist noted that it was for a judge to “carry himself with quiet dignity that is different from arrogance.
“A judge, who is more at home in social circles may do well to question his suitability for the bench as the two are incompatible”.
On corruption in the court, he said politicians, businessmen and traditional rulers constitute the greatest challenge to the Judiciary.
“It is this class of persons that bribe, intimidate, harass or influence judges to depart from their sacred oath of office and the path of honour and rectitude.
“A judge, who hobnobs with this group may well be unwittingly allowing his position to be compromised and possibly jeopardised.
“A judge must hold fast to his faith in God and be bold. This done, this class of persons, like bees, can only buzz around, but must certainly lack the power and ability to sting,” Justice Alagoa said.
The Attorney-General of the Federation, Mohammed Adoke (SAN) urged the Judiciary to brace for the challenges ahead.
He said as the nation approaches the next general elections in two years, when political cases will flood the court, the nation expects the Judiciary to be fair and firm in dealing with such cases.
“As we gradually approach the 2015 general elections, there would be heightened political activities, which will naturally breed political disputes that our courts will be called upon to adjudicate.
“The fairness and firmness with which such political disputes are handled by the judiciary will to a large extent, determine the stability and survival of our democracy,” Adoke said.
He assured the Judiciary of the support of the Executive to the various reforms being undertaken by the leadership of the Judiciary.
Adoke also assured of the Executive’s commitment to the principles of rule of law and concept of separation of powers. Speakers, including the CJN, Justice Aloma Mukhtar, extoled Justice Alagoa’s virtues and praised his contribution to the growth of the Judiciary.
Justice Alagoa, from Bayelsa State, was elevated to the Supreme Court on September 26, last year. Earlier, he served as the Presiding Justice of the Ibadan Division of the Court of Appeal.
He was appointed a judge in Rivers State in 1990.
