Tag: judicial independence

Legal experts and activists have explored how to attain judicial independence and its role as the guardian of human rights.

They converged in Abuja for the fourth The C.O. Anah SAN Memorial Colloquium, organised by the Anah Law Practice in collaboration with The Anah Centre for Social Justice.

Its theme was: “Independence of the Judiciary and the guardianship of human rights.”

Managing Principal, Anah Law Practice, Ms. Adaeze Anah, who is the daughter of the late C. O. Anah (SAN), said: “Without an independent bench, justice is a rumour. Without human rights, law is a weapon. Without humanity, we are technicians—not guardians.”

Former Chairman, National Human Rights Commission, Prof. Chidi Odinkalu, said Nigeria’s judicial system has historically lacked genuine independence, a situation compounded by the colonial legacy of a “myth” of independence that never truly existed.

According to him, since independence in 1960, the judiciary has been subjected to manipulation, appointed and influenced by political actors, often in a system of insider-dealing, nepotism, and external pressures.

Odinkalu said the country’s judicial institutions—such as the Supreme Court and the Court of Appeal—have seen chief justices who served under controversy, tarnishing the integrity of the judiciary.

The question, he said, remains: “What kind of judges do we need to uphold human rights and social justice?”

His answer: judges of character and courage—those who stand in the face of threats and inducements.

Retired Justice Alaba Omolaye-Ajileye reflected on the vulnerability of judicial independence.

He highlighted that the appointment process, often concentrated in the hands of the Chief Justice and the National Judicial Council (NJC), is susceptible to manipulation.

“Judges who will make decisions based on the law without fear and favour; judges who will bravely face threats or intimidation and prioritise the integrity of the justice system,” the retired high court judge said.

He recalled cases involving the removal of Chief Judges, where constitutional provisions were exploited to undermine judicial independence.

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These instances, he said, indicated how fragile the system remains, with constitutional provisions often manipulated to serve political ends.

At the heart of the debate lies a truth: “judicial independence is a human right”.

Section 36(1) of Nigeria’s 1999 Constitution states that every person is entitled to a fair hearing before a court constituted to guarantee independence and impartiality.

When this independence is compromised, rights are violated.

Justice Omolaye-Ajileye stressed that judges’ character and courage are paramount to defending these rights.

“Judges with strong character possess high moral integrity, honesty, and ethics. Character-driven judges will remain unbiased and fair in their decision-making.

“Judges with courage can make difficult decisions, even in the face of the most scurrilous criticism or pressure,” he added.

An activist, Aisha Yesufu, lamented that the judiciary has become compromised, with cases bought, delayed, or dismissed through bribes or political influence.

She said: “The judiciary is supposed to be the last resort of the common man.

“We can have a country where we have an independent judiciary; a country where access to good quality education is not dependent on the economic status of one’s family.”

• Technology can tackle conflicting judgments, says SAN

Conflicting judgments have continued to dog the judiciary. How the problem can be tackled with technology, how to strengthen the independence of the judiciary and enhance judge craft were among issues discussed at a two-day retreat for appellate court justices in Uyo, the Akwa Ibom State capital, report Deputy News Editor JOSEPH JIBUEZE and BASSEY ANTHONY.

For decades, the Nigerian legal system has operated manually.

Court processes are filed in hard copies rather than digitally.

Most judges record proceedings in longhand instead of electronically.

Administrative departments are stacked with rows of files.

Litigants wait for weeks or months for certified true copies of judgments, which are available within hours in other jurisdictions.

The low adoption of technology has also limited the ability of judges to track what happens in other jurisdictions, which partly results in conflicting judgments.

However, a gradual shift is being witnessed, with institutions such as the National Judicial Council (NJC) recognising technology’s critical role in improving efficiency and streamlining processes.

How to better deploy technology, strengthen judicial independence and enhance judge craft were among subjects of discussion at a retreat on “Judicial independence and judge craft” for appellate court justices.

Organised by the National Judicial Institute (NJI) in collaboration with the Forum Against Counterfeiting (FAC), it was held in Uyo, the Akwa Ibom State capital.

The three-day retreat featured presentations by Chief Justice of Nigeria Kudirat Kekere-Ekun; Court of Appeal President Justice Monica Dongban-Mensem; NJI Administrator Justice Salisu Abdullahi; Justice Inyang Okoro of the Supreme Court and Chief Judge of Borno State, Justice Kashim Zannah.

Others were Justice Nelson Ogbuanya of the National Industrial Court, Chief Executive Officer of Nigeria Intelligence Unit, Hajiya Hafsat Bakari, and FAC National Coordinator for Nigeria, Mrs Ebelechukwu Enedah.

There was a lively discussion among judges on how to improve the justice delivery system and attain internal and external independence of the judiciary.

There was also a session on health and wellbeing.

Chief Justice Kekere-Ekun, who gave the keynote address, stressed the importance of judicial independence and the need for judges to improve on their craft – skills and ethics in dealing with cases.

Idigbe: technology can be deployed to tackle conflicting judgments

Global Chairman of FAC, Dr. Anthony Idigbe (SAN), said technology can be used to solve the problem of conflicting judgments.

He blamed the problem on the inability to instantly recall similar verdicts on previous cases, saying not all of them are deliberate.

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Idigbe believes the problems of delays and congestion can be addressed by leveraging technology and artificial intelligence (AI).

He expects the Supreme Court to resolve them, noting that some of the contradictory verdicts happen over time as hundreds of judgments are delivered dealing with similar subjects.

Idigbe said: “You’re talking about thousands of judgments over a period, which results in loss of history. That is where technology comes in.

“However, if all these data is stationed within the AI environment, it is possible to manage that issue and ensure we return to the original concept of stare decisis by which precedent is followed.

“The NJC is doing a lot to address it with AI.

“If everything goes as planned, many of those issues will be eliminated, and where they occur, people can be held accountable for not using the tools.”

In his presentation, Dr Idigbe stressed that implementing a robust court management system (CMS) will allow courts to track cases electronically, manage court schedules, and enhance the overall case flow.

This, he said, not only improves the efficiency of court proceedings but also reduces administrative errors and delays in legal processes.

With technology, he said cases can be tracked.

“There can be real-time updates on case progress, ensuring that all stakeholders are informed.”

He said technology can also enhance schedule management, allowing for centralised court plans, including hearing dates and deadlines, which will be accessible to all authorised personnel.

Idigbe added: “In a time where technology is reshaping every aspect of our lives, the legal sector must embrace innovation to enhance its efficiency and effectiveness.

“The integration of legal technology products ranging from case management software to document automation tools offers law firms and legal practitioners the opportunity to streamline processes.

“By leveraging the capabilities of modern legal tech solutions, practitioners can navigate complex legal challenges with greater ease, ultimately leading to improved access to justice for all.

“The journey toward digital transformation may present challenges, but the potential benefits are compelling reasons for legal professionals to invest in technology.

“By staying ahead of the curve and continually adapting to technological  advancements, the legal community can ensure it remains relevant.”

‘Judicial independence needs political will’

Idigbe, Senior Partner at Punuka Attorneys and Solicitors, believes it will take political will for the judiciary to be truly independent.

He said: “For the judiciary to be truly independent, you need political will on all sides – executive, legislature and the judiciary.

“There can be very quick transformation with the right investments in the people, processes and technology, and the judiciary will deliver for Nigerians.

“You can have a CJN that has all the good ideas and the passion to deliver, but what happens if there is resistance by the other arms of government?

“You can have a President who wants to make changes but could face resistance or inhibitions from the other arms. The same with the legislature.

“So, the easiest way is for the three arms to agree on the Nigerian agenda, and all obstacles can be overcome.”

Case for West African Court of Appeal

A retired Justice of the Supreme Court of Ghana, Victor Jones Mawulorm Dotse, called for the establishment of the West African Court of Appeal with powers to make final decisions on cases from commonwealth countries.

He said: “Before independence, the four West African Commonwealth countries – Nigeria, Ghana, Sierra Leone and Gambia  –  had the West African Court of Appeal headquartered in Nigeria as their final court of appeal.

“We had judges from the four countries coming to sit on cases. We may have to consider reviving something like that.

“The countries will send judges, and the court will have common headquarters to deal especially with constitutional cases.

“Judges from different countries will decide cases from others. And they will be under less pressure.

“We have the European Court of Justice where all the European countries go to, so we can have something like that.”

On financial autonomy, Dotse decried delays in funds allocation to the judiciary by the executive, which he said would rather prefer to put funds in areas that will attract votes.

He also said there should be automatic percentage increases in judicial allocations to avoid heads of courts going back and forth to make cases for increased allocations.

“This should be automatic so that judiciary heads don’t have to be going to the executive or Minister of Finance to beg for money,” he said.

On the essence of the retreat, Dotse added: “Judge craft is the act of the judges taking decisions in court. We’re trying to remind ourselves about our core values.

“It is the judiciary’s duty to interpret the constitution, decide cases and maintain law and order.

“From time to time judges need to meet to discuss new ways of judging and how to use technology and AI to improve efficiency.

“Judicial independence starts with the appointment process, determining their qualifications. There has to be democratisation of the power of appointment.

“There must also be that understanding that the executive can come to court and lose cases.”

Do’s and don’ts for judges

Justice Dotse, in his paper, listed the do’s and don’t for judges. They are as follows:

• A judge must always be on top of any case file that comes before him. This is in respect of both the facts and the law.

• A judge must equally be seen by all the parties and counsel to be neutral, fair and transparent in his handling of the case both on and off the Bench.

• Cases must be dealt with expeditiously whilst adhering to the principles of natural justice.

• A judge must exhibit complete control of his courtroom atmosphere with decorum and diligence as the hallmarks.

• A Judge must exhibit patience, dignity and courtesy to parties, Counsel and or staff.

• Judgments must be delivered on agreed dates without any adjournments.

• A judge must not unnecessarily interject or interrupt a lawyer or party in the Box. This can be interpreted as a sign of hostility especially if it was not done to the other party.

• A judge must also refrain from expressing his views on the matter, save for pointing out incorrect references to points of law or evidence which are verifiable. Such acts may be construed as bias in favour of a party and against another party. Wait patiently, because the decision is yours at the end of the day.

• A judge must also not be seen to be openly abrasive and hostile to a party, their witness or counsel, save for acts of misconduct by the party, counsel or witness.

• A judge must recuse himself if there is a potential conflict of interest situation arising.

• A judge must not be seen to be openly sympathetic to the case of any of the parties or Counsel before him.

• Any other conduct that is likely to bring the Judge and the administration of justice into disrepute must be avoided.

Imperative of judicial communication

Justice Ogbuanya, whose paper was on judicial communication, said it occurs in various aspects and layers of judicial duties and interactions.

According to him, such interfaces include judge’s comportment and courtroom management; abuse of power of issuance of interim orders ex-parte and resultant counter-orders by courts of coordinate jurisdiction; peer communication by judicial officers; routine communication between judicial officer and court staff; communication involving a judicial officer with third parties; as well as collective posturing giving rise to public perception of the judiciary.

The judge noted that the various layers of judicial communication ought to be taken seriously and put in their rightful place in judicial administration.

He added: “The impact of social media on judicial communication in the evolving digital era has underscored the imperative of effective judicial communication, to reposition the judiciary with transparent and effective outlook.

“The Nigerian Judiciary cannot afford to abdicate or be stampeded out of its adjudicator-role or be consigned to play a restrictive role as being prescribed and canvassed by some anti-judiciary reformists, merely because it is not intentional in protecting and promoting its brand. Such reform would negatively impact on its brand in the legal system.

“It is time to rebrand and entrench corporate culture for the judiciary for sustainability and relevance in nation-building.

“As the judiciary’s pre-eminent role in the society is rooted in public confidence, it is imperative that effective judicial communication is entrenched at various aspects and layers of judicial communication.

“Concerted efforts should, therefore, be geared towards re-branding the perceived negative public branding of the judiciary as communicated through judicial conducts which invariably condensed as what the judiciary represents(the brand), albeit erroneously.

“Effective discharge of the appellate courts’ role as moderator of judicial communication to ensure certainty of law in line with the principles of judicial precedents needed for the enthronement of rule of law in the polity is key to this reform.

“In all, guided embrace of the emerging technologically-driven communicative medium with strategic information management approach, and entrenched corporate culture reflective of the corporate brand of the judiciary, are the way forward towards achieving effective judicial communication for strengthening the legal and judicial system in modern time!”