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  • Why judicial process is slow, by Onnoghen

    Chief Justice of Nigeria (CJN) Walter Onnoghen yesterday blamed the slow pace of justice delivery on the use of outdated manual methods.

    He said the judiciary must adopt technology in its process, or it would be left behind.

    According to him, a digitalised society cannot continue to tolerate an analog judiciary.

    The CJN said: “Nigeria is a large country. Disputes will come up. They will multiply and explode. Can we handle those disputes by manual processes? No.

    “Indeed, you will be more surprised that perhaps, the reason we have volume of cases is because we have not been able to handle them appropriately, efficiently and speedily.”

    He spoke during a “Special Session with the CJN on access to justice”, at the Annual General Conference of the Nigerian Bar Association (NBA) in Abuja.

    Chief Justice Onnoghen was of the view that full adoption of technology would fast-track justice delivery and restore confidence in the judicial system.

    “At any rate, the judiciary needs to be ready; otherwise it will reach a breaking point where the society will be moving fast, buying tickets at homes and withdrawing money at ATM points, but only when they come to court will they find manual processes.

    “You don’t expect such a society to tolerate such a legal system for long,” he said.

    The CJN, represented by the Chief Judge of Borno State, Justice Kashim Zannah, said there is a judicial information technology policy, which is being implemented and will involve filing of court processes electronically.

    “It is important that we know this because without the involvement of the Bar, it cannot work or succeed.

    “It is clear that we are at a digital age, as an era where social, economic and political activities and processes are driven by the application of information and communication technology or digital technology.

    “Because of that, agreements are digitally formed and the evidence that will come will increasingly be in digital format. We are delivering justice in a digital age for digital citizens and for digital aged disputes.

    “The just, efficient and effective resolution of these disputes would have to be driven by the same technology,” Chief Justice Onnoghen said.

    Former NBA president Chief Wole Olanipekun (SAN), who chaired the session, urged the association to ensure access to justice and respect for the rule of law.

    He regretted that NBA today “sees nothing, hears nothing and does nothing.”

    “When we talk about the rule of law, what is the role of the bar association? You are the anchor! We have to remind ourselves what NBA stands for at all seasons.

    “It is not just for bread and butter, jamboree or picnics. We have to remind ourselves about the years of yore, and what NBA was doing. So, NBA must rediscover itself when it comes to access to justice,” Olanipekun said.

     

     

     

     

  • Onnoghen, Wike, Adejumo, others push for judicial independence

    Dignitaries and stakeholders thronged Port Harcourt, the Rivers State capital, to inaugurate a multi-million naira four-storey courthouse donated to the National Industrial Court of Nigeria (NICN) by the Rivers State Government. Eric Ikhilae reports.

    Dignitaries and major stakeholders in the Judiciary recently gathered  in  Port Harcourt, the Rivers State capital, to inaugurate the new National Industrial Court of Nigeria (NICN) division in the state.

    It was built and donated to the court by the Rivers State Government.

    Chief Justice Walter Onnoghen, Court of Appeal President Justice Zainab Bulkachuwa, NICN President Justice Babatunde Adejumo, and Rivers State Governor Nyesom Wike were among the dignitaries.

    Taraba State Governor Dairius Isiaku, Rivers State’s Chief Judge Justice Adama Iyayi-Lamikanra, and former Nigeria Bar Association (NBA) President O. C. J. Okocha (SAN) were also present.

    The occasion was an opportunity to reflect on the state of the Judiciary. Chief Justice Onnoghen, Justice Iyayi-Lamikanra, Wike and Okocha decried increasing cases of attacks on the courts in state as well as disregard of court decisions by government agencies and officials across the country.

    The CJN, particularly, stressed the importance of an independent and virile Judiciary in the sustenance of democracy.

    Chief Justice Onnoghen noted that no society, inhabited by individuals with varied orientation and beliefs, is immune to disagreements and challenges.

    He, however, asserted: “The solution to our numerous problems lies in adherence to the principle of rule of law. If we do that, for four years consistently, you will see that things will fall back into places.”

    Chief Justice Onnoghen, who also stressed the need for everyone to abide by the law, observed that the Constitution has provided both designated and special functions to everyone in the country.

    He added:  “If we are to adhere to these functions and discharge them to the satisfaction of our conscience, then within a short while, you will see that people will begin to realise that certain things should not be done in a democratic system.

    “For instance, how can you contemplate blocking the entrance of a court or closing down a court in a civilised democracy? That is not done. How can you deprive the Judiciary of the funds intended to make it function as it should?

    “The Judiciary ought to be empowered. We need the assistance of all. The judges have to be free and fair. I keep on telling them that they must remain firm and fair, but courageous.

    “You know one thing, a man of integrity cannot be intimidated. You don’t expect a man with integrity to be subservient. No. It is wrong for you to think that way, because time is his witness. Sacrifices are to be made if we are to come out of the woods.’’

    An elated CJN hailed the  state government for improving on judicial infrastructure and providing judicial officers with conducive environment and improved facilities to function.

    He urged other states to emulate “the Rivers example” by ensuring adequate funding and facilities for the Judiciary to function.

    Wike said his administration’s decision to improve on the infrastructure of federal courts in the state was not out of its love for profligacy, but for the realisation that the people of Rivers State are the primary beneficiaries of the services to be rendered by the courts, irrespective of its owner.

    He noted that his administration was welcomed by a weather-beaten Judiciary, left in ruins by the immediate past administration, who left courts in the state shot for over one year.

    Wike said, being mindful of the importance of a functional justice administration system in a democracy, his administration took it upon itself to restore the court system in the state to its appropriate state to enable it function to the benefit of the people.

    “We have no regret about the resources we have deployed for this purpose as long as the interests of the people of Rivers State are duly served,” Wike said, and promised to ensure the continued maintenance of all facilities in the new NICN court complex.

    He regretted what he described as the threat to judicial independence and  stressed the need for the sustenance of the independence of the Judiciary.

    Wike urged judges and other judicial officers to always be guided by the law, their conscience and oath of office in dispensing justice irrespective persons and interests.

    Justice Adejumo, who told the history of the humble beginning of the NICN’s division in Port-Harcourt, regretted the negative impact of the closure of courts in Rivers State, during the last days of the immediate past administration, on the court’s activities.

    The NICN President, who said the court complex surpassed his expectation, however, cautioned that the court would not be swayed by the state’s gesture to pervert justice in its favour or stray from its tenet of ensuring justice to whom justice is due irrespective whose ox is gored.

    He told the gathering how he brought to Wike’s attention the many benefits that would be derived by the state and its people, from a functional NICN division in the state capital.

    Adejumo added that when he approached Wike for assistance, there were about 950 cases pending before the Port Harcourt division, “and I drew his attention to the risk and cost to the litigants and lawyers in the state.

    “He (Wike) promised to provide a befitting court for us within 12 months. I thought he was joking. But, here we are today. We thank you, we thank you, we salute you. This is a federal court. You owe no duty investing the state’s resources in providing this edifice for us.

    “But, let me put it on record unequivocally, that this is the first time, in the history of our court, that any state Chief Executive will do what you have done. It will linger on forever in our memory at the National Industrial Court of Nigeria, that a man called Wike came, he saw and conquered,” the NICN president said.

    He acknowledged the quality of work done in the court complex, the facilities provided, including the fixtures and fittings. He said  the government went beyond his expectation.

    Adejumo, before ending his speech, accede to the request by the state Solicitor-General, Mrs. Florence Fiberesima, which Okocha amplified, that  cases which emanated from the division, but currently being heard in adjoining divisions, be promptly returned to the newly commissioned Port Harcourt division.

    He added that, not only will the new court complex be put to use from the next Legal Year, beginning from September, he has directed the deployment of four judges to the Port-Harcourt division to occupy the four courtrooms in the new court house.

    Okocha, who expressed delight about the size and magnitude of the structure, said: “I have always believed that our temples of justice must be housed in imposing and majestic edifices, such as the one before us today; so that everyone, who comes here to transact business, will know that something great, something good and something important is happening in  this building.

    He hailed the governor for improving on judicial infrastructure in the state. Okocha noted that the government has also worked on the state High Court headquarters building in Port Harcourt and the buildings housing the Port Harcourt divisions of the Federal High Court and Court of Appeal.

    Okocha restated the request by Mrs. Fiberesima that all cases from the Port-Harcourt division, currently pending in other divisions, be returned to the newly commissioned Port-Harcourt complex.

    Justice Iyayi-Lamikanra thanked the governor for his many positive gestures to the state Judiciary, which she said had not only improved on the working condition of judicial officers, but had also enhanced the pace of justice administration in the state.

    She said the decision to build an edifice for the NICN was not only a manifestation of the governor’s desire to extend development beyond the institutions of the state, but a clear demonstration of his inflicting support to effective justice delivery

    The state’s Chief Judge expressed gratitude to the CJN for his prompt intervention when State High Court headquarters was attached on May 11, this year “by some unscrupulous litigants and criminal elements, who attempted to close down the court headquarters.”

    The incident, she said, reminded one of the closure of the court from June 10, 2014 to May 27 May 2015, and until 29 May 2015, when Wike opened it for business on assuming office.

    The court complex Mrs. Fibere-sima, in her opening remarks, took the gathering through the court’s complex when she gave a detailed description of the structure and its composition.

    She said the construction of the building lasted 15 months from March 1, 2017 when ground breaking ceremony was done.

    The state’s Solicitor General said the ground floor of the four-storey building has the main entrance foyer, two lifts; judges’ entrance, with a lift;  a car park, restaurant, a kitchen and room for electrical appliances. The floor, she added also houses the security house, a 400kva power generating set and a 500kva transformer.

    The first floor, she said, consists of a meeting room, a Registry, a clinic, lawyers’ lounge, the litigation room, an office, a library, a convenience and data room.

    Mrs. Fiberesima explained that the second and third floors house the four courtrooms, with two each per floor.

    She added: “Both floors also contain judges’ chambers, rest rooms, offices of courts’ Secretaries and Registrars, etc.”

    The fourth floor has  two legal research rooms, general administration office; offices for the Head of Administration, the Head of Account, Head of Division and the Secretary.”

    She said the absence, before now, of a conducive work environment for the NICN in the state had occasioned hardship on on litigants and lawyers, who had to always travel to other jurisdictions like Enugu, Bayelsa, Calabar and Owrri, with the attendant cost and risk, to have their cases heard.

    Mrs Fiberesima noted that “with the commissioning of this befitting edifice,  these problems been effectively resolved’’.

  • How to save Nigeria’s democracy, by Osinbajo, Onnoghen, others

    VICE President Yemi Osinbajo and some other eminent Nigerians have observed that the best way to grow and sustain the nation’s democracy is to ensure an effective justice system.

    Osinbajo, Chief Justice of Nigeria (CJN), Justice Walter Onnoghen; Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami; Chair, Nigerian Law Reform Commission (NLRC), Kefas Magaji and ex-Solicitor General of the Federation (SGF), Prof I. A. Ayua, said democracy would be better served where the nation’s laws were up-to-date and applied dispassionately without fear or favour.

    They spoke in Abuja yesterday at the opening session of a national summit on law revision organized by the NLRC. The summit has as its theme: “Law revision towards national development”.

    Osinbajo said the law revision exercise was in line with the present administration’s policy of reforming the justice sector as a measure for sustaining democracy, based on the principle of rule of law.

    Osinbajo, who was represented by the Solicitor General of the Federation (SGF), Dayo Apata, said: “I believe that every successful democracy thrives on the principle of rule of law. And I also believe in law as an instrument for social change and development

    “It, therefore, follows that, if the law is expected to meet these critical demands of the society, it has to be revised, at least every 10 years in line with international best practices and in consonant with the prevailing laws and values of the society.

    “It is equally in line with international best practices that, while the Parliament makes laws, the law reform institution is expected to monitor, review, reform and revise the law to guarantee its efficacy, utility, availability and accessibility to the public and to the end users.”

    Onnoghen was of the view that the nation’s nascent democracy has to be nurtured, consolidated and developed because democracy still remains the best form of government.

    The CJN, who assured that the judiciary would not fail in its duties of law interpretation and justice dispensation, noted that the “duty of nurturing our democracy, no doubt, imposes on all of us severe obligations and conscious efforts”.

    He noted that the court, with its process of adjudication was capable of rapidly enhancing the true comprehension of “our constitutional provisions as a step towards the identification of the grey areas, requiring future amendments, modifications or alterations and or even deletion”.

    Onnoghen expressed the hope that the Federal Government would fund the various law reforms initiatives to fruition, because of the positive impact, which include providing solution to the various loopholes, which encumber the justice system

    He urged support for the initiative, which he believes would impact positively on the nation’s justice delivery system.

    Malami, who was represented by the Director of Public Prosecution of the Federation (DPPF), Etsu Mohammed, stressed the importance of continuous law revision in every democracy.

     

  • Onnoghen, Bulkachuwa, Malami, others advocate reform of tax laws

    Chief Justice of Nigeria (CJN) Walter Onnoghen, President, Court of Appeal (PCA) Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami, Chairman, Nigerian Law Reform Commission (NLRC) Kefas Magaji and others have given  hints  on how the country can raise its dwindling revenue.

    Onnoghen, Bulkachuwa, Malami, Magaji, Director General, Nigerian Copyright Commission (NCC), Afam Ezekude and his counterpart in the National Institute for Legislative and Democratic Studies, (NILDS), Prof. Ladi Hamalai suggested a holistic reform of the nation tax legal regime to ensure more Nigerians are captured within the tax system.

    They are  of the view that a robust and efficient tax legal regime will aid the Federal Inland Revenue Service (FIRS) to effectively apply existing tax laws, which in turn, will result in enhanced tax earnings for the country.

    They spoke in Abuja on Tuesday at the opening session of a workshop on the reform of the FIRS (Establishment) Act, 2007, held by the NLRC.

    The CJN, epresented by Justice Kumai Akaahs of the Supreme Court, noted that the nation urgently needed to diversify its sources of revenue to remain afloat in view of the dwindling income from oil.

    Onnoghen said: “I think it is about time that our tax laws are reformed in such a way that it is not just only wage earners (those who work in the office) that pay tax.

    “We must ensure that everybody, who is engaged in any economic activity also pays his/her tax, ” the CJN said.

    The PCA, who was represented by Justice Emmanuel Agim of the Court of Appeal, Abuja, noted that the success of any reform initiative in the tax sector was dependent on the disposition of the implementing agency.

    Bulkachuwa said: “Law reform must be a continuous process. It helps the laws of the land to meet the change circumstances of the society so as not to render law irrelevant to the new circumstances of the time.

    “The starting point for an effective reform is a demonstrated commitment by the principal enforcing authority to the ethical, transparent, efficient and effective application of the existing law particularly, the underlying principles.

    “Without this, while reform may generate legislative and structural changes, it will not be effective. This will ensure that proposals for reform, which comes mainly from the principal enforcer of the law, are genuine, well informed and experience inspiring,” the PCA said.

    Malami praised the NLRC for the initiative, which he said  was in line with the nation’s need to diversify its revenue sources.

    The AGF, who was represented by the Director, International Comparative Law Department, Mrs. Stella Anuka, urged the workshop participants to ensure that all existing inadequacies in the current FIRS Act were identified and thoroughly addressed.

  • Supreme Court to go digital July 16, says Onnoghen

    CHIEF Justice of Nigeria (CJN) Walter Onnoghen said yesterday that there would be no more manual filing of court processes at the Supreme Court from July 16.

    All communication between lawyers and the court would be done electronically, he said.

    This was as Onnoghen called for constitutional amendment to end executive control of judiciary at the state level.

    Justice Onnoghen spoke at the Fifth Criminal Justice Reform Conference in Asaba, the Delta State capital, organised by the Nigerian Bar Association (NBA) Criminal Justice Reform Committee chaired by Chief Arthur Obi Okafor (SAN).

    Its theme is: “Criminal Justice Reforms in Nigeria: The journey so far.”

    The CJN, represented by the National Judicial Institute (NJI) Administrator Justice Rosaline Bozimo (rtd), hoped that the new policy on electronic filings as well as the case management systems software deployment would be “funded to fruition”.

    He said: “In a bid to enhance justice administration and provide our citizens with the justice system that they deserve, the manual forms of communication within Nigerian courts will soon be phased out. Henceforth, lawyers who have acquired the legal email can now communicate electronically with the courts.

    “The Supreme Court will only serve processes by electronic means (legal mail) on all matters. This will become effective on the 16th of July 2018 and mandatory. All new filings as from 16th July 2018 must bear counsel’s legal email address.

    “To ensure compliance, it is also imperative that all heads of courts acquire legal email addresses for their courts from the Judicial Information Technology Policy Committee, especially for their litigation department staff. All courts are also encouraged to start using the email for serving lawyers.

    “In addition, communication between the various judicial bodies will very soon be through official electronic system only, thereby harnessing the benefits of the system in terms of confidentiality, integrity and availability.”

    Justice Onnoghen reiterated the need for the judiciary’s independence, saying: “It is quite often said that the litmus test to find out how free and democratic any nation is, is to look at its judiciary to find out what powers the nation is prepared to concede to this vital partner in governance.”

    He said while the judiciary at the federal level enjoys financial independence, as it receives its funding directly from the Federation Account, it was not so for the states, as Chief Judges have to wait on governors to release state judiciary funds.

    Senate President Bukola Saraki, represented by Prof. Nuhu Jamo, said the problem of prison congestion and other ills affecting the justice system must be addressed.

    “The figure of 240 holding facilities in the country points to a legal system that has long been neglected and in need of adequate attention. Similarly, the 66 per cent figure representing the inmates awaiting trial supports the call for special courts that would help speed up the process, as relevant.”

  • Osinbajo, Onnoghen and appointment of justices, March 5, 2017

    Osinbajo, Onnoghen and appointment of justices, March 5, 2017

    AFTER the Department of State Service (DSS) raided the residences of some top judges in Abuja, two of whom were justices of the Supreme Court, it was clear that the judiciary was ripe for radical overhaul. The raid was unprecedented, injurious to the reputation of the judiciary, dampened the spirit of many judges, but triggered excitement and small talk among the public. The immediate past Chief Justice of Nigeria (CJN), Mahmud Mohammed, fought the ‘invasions’ bravely and boldly, but it was clear even to him that the old ways of doing things were no longer sustainable. And when rather than appoint a new CJN the Muhammadu Buhari presidency opted for an Acting CJN, the image damage became almost incalculable. Mercifully, after a difficult and needlessly protracted process that ended anticlimactically, the same Acting CJN has been confirmed as the new CJN.

    Despite the ponderous and controversial methods chosen by President Buhari to sanitise — not reform — the judiciary, both the judiciary and the wary and distrustful public they serve agree that ultimately the overriding objective is to develop and nurture a judicial system which Nigeria could be proud of. In fits and starts, that objective now appears in sight. In circulars emanating from the Acting Chief Justice of Nigeria, Justice Walter Onnoghen and the President, Court of Appeal of Nigeria, Justice Zainab Bulkachuwa, nominations were invited for of eligible candidates from the bar, bench and academia for appointment as Justices of the Supreme Court and Court Appeal. This would appear the first time such an exercise was given media prominence. In the past, appointment of judges was shrouded in secrecy, with little or no contributions from the bar.

    The judiciary, it bears repetition, is an important arm of government. It exclusively plays the prominent role of settling disputes among citizens and governments. It determines the rights of individuals and governments. It is also saddled with the constitutional responsibility of providing essential checks on both the executive and legislative arms. The art of dispensing justice is also undoubtedly a sacred power with grave responsibilities. Every decision of a judge has consequences. Every error, even an unintentional one, can have serious negative effects for the parties and the society at large. A judge lives with the weight of this responsibility from the beginning of his judicial career to the end.

    But in recent times, the Nigerian judiciary has come under attack and criticisms. Concern has been expressed about the efficiency, effectiveness and transparency or otherwise of Nigeria’s judicial system. Indeed, the general perception of the public is that the judiciary is corrupt. And, gradually but steadily, the confidence of the public in the judicial system is being eroded. Many judges are perceived as incompetent and lacking in integrity. This perception puts the administration of justice in grave danger and calls for urgent rescue efforts. Indeed, one of the nagging problems militating against the establishment of a credible justice delivery system is the process of appointment of judges. It is believed that the judiciary operates an obsolete process that compromises excellence. Mediocrity is enthroned. Hard work, integrity and diligence are sacrificed on the altar of expediency, religion, tribalism and state of origin. A judiciary founded upon such parochial considerations cannot raise its head in the judiciary of the civilized world. It is, therefore, a serious challenge to the CJN and Justice Bulkachuwa to abandon the old paradigms in the ongoing exercise to ensure that henceforth, appointments to the higher bench in the country are based on objective factors.

    They can achieve this by making the judicial appointment process more transparent and merit-based. The process must not only be transparent but manifestly seen to be so. Candidates nominated from either the bar or the bench should be afforded the opportunity of proving his or her mettle before a credible and respectable screening or interviewing panel of the Federal Judicial Commission. And, of course, the yardsticks of measurement of appointment  should include excellence, special skill, competence, integrity, comportment and notable contributions to the advancement of law. Seniority or lack of it shouldn’t be an obstacle to the appointment of deserving candidates of demonstrable high standard of integrity and excellence. The CJN and Justice Bulkachuwa should take a cue from the suggestions made by Acting President Yemi Osinbajo last Thursday at a two-day National Dialogue on Corruption organised by the Office of the Vice President in collaboration with the Presidential Advisory Committee Against Corruption. Said Professor Osinbajo, himself a law teacher: “…Aside from the DSS investigation, there should be particular test and proper investigation of candidates to be appointed as judges. In some of the systems that we inherited, the UK system, for instance, there is a process of almost 17 different tests before you can become a judge of the High Court…” He counselled that judges should not be appointed on ‘man-know-man basis’, and also recommended the Lagos example of taking care of the welfare of judges in addition to modernising their courtrooms.

    The competence and integrity of a judge are basic elements that form the bedrock for the enthronement of justice. The competence of a judge is defined by what he knows and the courage he brings to bear in the discharge of his judicial duties. This notion is predicated on the assumption that a knowledgeable and courageous judge will decide cases impartially. The judge’s impartiality is not only an obligation imposed by the law but by the words of his oath. It arises out of an intellectual attitude and desire to be independent. Independence here involves a conscious liberation of a judge from all forms of pressures, external and internal.

    The legal profession, consisting of the bar and bench, provides the exclusive pool from where judges are drawn. But regardless of where a judge is appointed from, from the bar or bench, more attention should be paid to professional competence and personal attributes. High professional qualifications and high moral qualifications should be viewed as functionally linked, because without doubt, such character or personality traits as diligence, conscientiousness, fairness, responsibility, critical thinking, tolerance and honesty have direct effects on the actions and decisions of a judge. Hopefully, the current exercise will produce the best justices the legal profession can offer. The Nigerian judiciary at this critical stage of its history needs justices who are honest, hard-working, conscientious, brave, patient, cultivated, intellectually curious and gifted with an intuitive sense of justice, men and women justices who carry the gravitas of judicial officers with all the boldness, dignity and nobility possible.

    In the end, the raids on the residences of the justices in October 2016 may help nudge the country in the direction of nurturing a judiciary the country can boast of, one that would rank among the best in the world. Then, perhaps, attention will shift more appropriately in the direction of the executive, as exemplified by the Olusegun Obasanjo and Buhari presidencies, which had and still has a notorious penchant for disobeying court judgements under the guise of defying venal courts and judges or claiming the higher moral ground, of course without any substantiation.

     

    First published here on March 5, 2017

  • Onnoghen: I have nothing to hide

    CHIEF Justice of Nigeria (CJN) Justice Walter Onnoghen has said he has nothing to hide and was ready to submit himself for investigation on corruption related issues.

    Onnoghen, who assured that he was committed to reforming the judiciary to enable it effectively aid the government’s anti-corruption efforts, declared that he was willing to pay any price to make the country better.

    The CJN spoke in a statement issued yesterday in reaction to a story published by The Punch newspaper that he was among those being investigated by the Economic and Financial Crimes Commission (EFCC).

    In the statement by his spokesman, Awassam Bassey, Onnoghen said he has never been invited by any investigative agency and has not been told by anybody or agency that he was being investigated.

    He said he was a committed judicial officer, and ready to submit himself to investigation by any agency.

    The CJN, who said he supported the government’s anti-corruption efforts, urged Nigerians to have faith in the government and support its anti-graft initiatives.

    Part of the statement reads: “The reports in the media mentioned the reason for the investigation as ‘intelligence’, which for now, we take to be abstract.

    “However, the Hon. CJN wishes to use this medium to say that it is the first time he is being aware of any allegations or intelligence against him, neither has he been invited or called upon to offer any explanation on any impropriety.

    “However, the Hon. CJN wishes to assure the public that he has nothing to hide and is open to investigation.

    “As a committed patriot, who has spent all his adult life in the temple of justice, the Hon. CJN is ready to pay the required price to make the nation a better place.

    “The commitment of the Hon. CJN to the efforts of the current administration to rid the country of corrupt practices is unwavering and he will stop at nothing to see a new dawn in Nigeria’s Judiciary.

    “He will also not be distracted in his avowed reformative efforts to make the Nigerian Judiciary a beacon of well-rounded justice, which the entire citizenry will be proud of.

    “The public is encouraged to keep faith and trust in the present administration’s fight against corruption and be assured that the CJN is doing his best to reform the Judiciary accordingly.”

  • Osinbajo, Onnoghen for IIPELP/NIJ workshop

    Acting President Prof Yemi Osinbajo (SAN) is expected to declare open a two-day International Institute for Petroleum, Energy Law and Policy (IIPELP) workshop scheduled for Abuja on June 19 and 20.

    The event, organised in collabo-ration with National Judicial Institute (NJI) third annual Judges’ Workshop on Petroleum, Gas and Power Sectors, will be chaired by Chief Justice of Nigeria (CJN) Justice Walter Nkanu Onnoghen.

    The theme is Law and the changing face of petroleum, gas and power sectors inNigeria.

    It will hold at Andrews Otutu Obaseki Auditorium, NJI, from 10am,  IIPELP founder/president Prof Niyi Ayoola- Daniels stated this during a courtesy visit on Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) by IIPELP advisory board members.

    Malami, according to Ayoola- Daniels, confirmed his attendance and will also deliver a speech at the workshop.

    Also at the weekend NJI’s management board led by its administrator Justice Roseline Bozimo visited IIPELP and “paid huge encomiums” on Ayoola-Daniels and his team for “the great vision of organising the workshop”.

    Ayoola-Daniels said the workshop would “equip judicial  officers and judges with appropriate legal, fiscal, and regulatory skills”.

    Apart from the Minister of State for Petroleum Dr Emmanuel Ibe Kachikwu, who will deliver Osinbajo’s speech, other expected guests include Senate President Dr. Bukola Saraki, Speaker House of Representatives Rt Hon. Yakubu Dogara, Former CJN Justice Alfa Modibbo Belgore, who is IIPELP’s Advisory Board chairman, Minister of Power, Works and Housing Babatunde Raji Fashola (SAN).

    Others are the CBN Governor Godwin Emefiele, Director-General NIMASA Dr. Dakuku Peterside, Executive Secretary/CEO Nigerian Shippers Council (NSC), Mr Hassan Bello, MD/CEO NPA Hadiza Bala Usman and Executive Chairman, FIRS Babatunde Fowler.

    Prof Barth Nnaji, Dr Timothy Okon, Dr David Ige, Prof. Ibironke Odumosu-Ayamu, Prof Omowunmi Iledare, Ernest Nwapa and Immediate Past National Publicity Secretary of NBA Gbolahan Gbadamosi are also expected.

  • Onnoghen and judicial corruption

    It would amount to a fundamental contradiction in the current war against corruption to ignore the weighty issues just raised by Chief Justice of Nigeria (CJN), Walter Onnoghen on why corruption festers within the judiciary.

    He said the independence of the judiciary and its ability to dispense justice unhindered are threatened by federal governments’ agents and politicians. The CJN, who regretted the rising castigation and accusation of judicial officers for corrupt practices by agents of the federal government and politicians without giving them an opportunity to be heard, said the nation would get it right when the leadership abides by the constitution and rule of law.

    Though he spoke vaguely on how agents of the federal government hinder the ability of the judiciary to perform its statutory duties, he nonetheless illustrated the undue influence of politicians in judicial matters with the case of the Anambra Central Senatorial election where Senator Uche Ekwunife reportedly accused the judiciary of robbing her of her mandate without evidence.

    With the seeming focus on the malfeasance within the judiciary; especially following the sting operation by the DSS in which they stormed the residences of some judges, arrested and detained them, the issues raised by the CJN must be taken very seriously if we aim at a lasting solution to the corruption in that arm. The import of the CJN’s statement is that both the independence of the judiciary and its ability to dispense justice without fear or favour are corrupted and compromised by the obstructive proclivities of both agents of the federal government and politicians.

    Though Onnoghen did not come out with supporting data (for reasons that are obvious) on how this happens especially in respect of agents of the government, it is not difficult to fathom the ramifications of the undue influence a government in power could exercise on judicial decisions especially where their interest is involved. It is for this reason that modern constitutions provide for the independence of the judiciary and checks and balances between the three arms of the government.

    Despite this constitutional guarantee for judicial independence, what you find on ground is that of undue interference in judicial matters by the government of the day. It comes in varying dimensions. The sting operation by the DSS is one of such interferences. Though touted as part of the anti-corruption war of the current regime, that strategy detracted substantially from extant procedure for disciplining erring judicial officers. The constitution vests that power on the National Judicial Council NJC.  But that is just one dimension of it.

    As at now, one of the judges accused has been discharged and acquitted by the court. Yet, he is unable to resume duties. Another who suffered the raid and arrest has had no charge brought against him. Yet, he cannot resume duties. One of the justices even openly accused the Attorney-General of the Federation (AGF) of trying to settle scores with him for issues they had years before his (AGF’s) appointment.

    Apart from overt interference by agents of the government, incidences of covert influences are not in doubt. Perhaps, this point will find ample justification when we look at election cases that come before the judiciary. It has more or less become an axiom on these shores that a government in power cannot lose election petitions.

    That is why you easily hear – “declare the result and let them go to court”. Embodied in this statement is the notion that even glaring cases of electoral malpractices that come before the tribunals can still go either way depending on who is involved and the weight of his influence or purse. In this, both the judicial officers who lend themselves to corruption and the politicians or agents of government who deploy devious strategies to pervert the course of justice are culpable.

    Not only do governments in power (federal and state) put undue pressure (monetary and otherwise) on the judiciary to pervert the course of justice, they also entice them with some other mouth-watering promises. So the issues are real. Just a fortnight back, the same CJN alerted the nation that politicians made serious overtures to influence the outcome of the Abia State governorship election before the apex court.

    That is nothing new to the ordinary Nigerian. It is also not new on these shores that some judges come to the court with two judgments in their pockets and the one that eventually carries the day would depend on who among the parties is the highest bidder. That is how bad the situation has become. That is also why the public wanted the judges to be dealt with even outside the law when their privacy was invaded by the DSS.

    Perhaps as justified as the anger of the public was, it did not take into account the fact that the same government and politicians who want the heads of the erring judges for the unabashed corruption within that arm of government are neck deep in providing and facilitating both the necessary and sufficient conditions for the embarrassing corruption that thrives within our judicial system.

    That is the unmistakable point that has been brought to the fore by the CJN. And we can ignore it at a great peril to the current fight against corruption. Even the procedure for the appointment of judges in this country is not such that sufficiently makes for the independence and impartiality of judicial officers. Recurring agitations for judicial reforms illustrate this point most vividly.

    In effect, for us to win the war against corruption either in the judiciary or the larger society in which the judiciary operates, we must take a comprehensive and holistic perspective of the matter. It is not an issue ad hoc intervention by the DSS can reasonably remedy. Even then, as an agency of the executive arm of the government, there is no guarantee that such interventions are not part of a script by agents of the government to get even with judges that refuse to do their bidding.

    We should be more concerned with building strong institutions rather than relying on the vicissitudes of ad hoc measures. And as the CJN succinctly captured, the nation can win the war against corruption if the leadership abides by the constitution and rule of law.

    Where the laws are deemed highly limited in fighting corruption, the solution does not lie in going outside them no matter the constraints. This is because, in the task of fighting corruption within the judiciary, the government could also compromise the independence and integrity of that arm- factors that stand it out as the last hope of the common man. The solution lies in respect for the constitution and the rule of law.

    And where the need arises, processes for constitutional and judicial reforms could be activated. These are more lasting perspectives than the resort to self-help as was the case with the DSS intervention. For, both the government and politicians could as well be the greatest obstacles to the impartiality and independence of the judiciary.

    A similar scenario was equally evident in the recent alarm by the Chief of Army Staff, Lt. Gen Tukur Buratai that some individuals have been approaching some officers and soldiers for undisclosed political reasons. Those undisclosed political reasons have been interpreted as invitation to overthrow the civilian government.

    The parallel here is that just as the government and politicians are part of the corruption chain in the judiciary, both the military and civilians are two sides of the same coin in any attempt to terminate prematurely a democratic government. So we need to take all these factors along in evolving holistic and more enduring therapies against the scourge corruption and military coups.

  • Buhari’s anti-graft battle on course, says CJN Onnoghen

    Buhari’s anti-graft battle on course, says CJN Onnoghen

    DESPITE some losses in courts, the anti-corruption war remains on track, Chief Justice of Nigeria (CJN) Walter Onnoghen said yesterday.
    The anti-corruption crusade is President Muhammadu Buhari’s administration’s major programme for which it has won some accolades. But, to some critics, it has lost steam following some setback in courts. Former First Lady Patience Jonathan got a $5.8m account defrozen. Justice Adeniyi Ademola was discharged of alleged corruption.
    To Justice Onnoghen, who spoke with reporters after meeting with President Buhari at the State House in Abuja, the losses do not mean the fight against corruption was losing steam.
    The CJN said court cases must produce winners and losers
    His words: “You take that as losing steam? If there was steam, then it wouldn’t have been without the participation of the Judiciary. Good. So, if it is losing of steam, you should not equally relate it only to the judiciary.
    “The fight against corruption has lost no steam. It is not correct. Now, you should know one thing: two people will always have a quarrel. They may be three, four or one hundred. All the parties to that quarrel will always have different stories to tell.
    “By the way, our system is fashioned and designed and operated. When you go to a court of law, you cannot have a drawn game. There must be a winner and there must be a loser. In our system, a loser has the chance of appealing to the highest court eventually. So, you cannot say because the government or any agency has lost a case in the High Court, you have lost a case and the fight is losing steam.
    “You should realise that there is a constitution in place and under the constitution, there is a rule of law. So, every system under a constitutional arrangement and operated under the rule of law must have these things as checks and balances to protect everyone. It is for everyone.”
    The CJN said he was not going to speculate over the allegation of judicial gang-up against the executive.
    He said: “I am lawyer and judicial officer. I operate on facts and the law. So, I can’t answer that question because I am not on everybody’s mind. You are free to think whatever you want to think but I think you should be guided by facts and the law when it comes to judicial performance or discharge of judicial responsibilities.”
    On whether he is satisfied with the way corruption is being fought, he said: “I have told you that if you are not satisfied, the system is fashioned and designed in such a way that if you lose in the magistrate’s court and you are not satisfied; because someone must win and another must lose; so, the loser has the chance of testing the decision on appeal. When it comes to the judiciary, don’t be judgmental. When you are judgmental, you become prejudiced.
    “Personally, I am committed to that fight and it remains so. I remain resolute in that commitment.”
    He, however, said the fight against corruption did not come up for discussion during his meeting with the President.
    His mission to the State House, Justice Onnoghen said, was to welcome the President back from his medical vacation abroad.
    The CJN said: “I am here to welcome him back home. I hadn’t had the opportunity of doing so since his return from his medical leave. That’s because I had some international engagements. By the time appointment was due, I was out of the country attending All Commonwealth Law Conference in Australia.
    “I came back and couldn’t get another appointment before going to attend African Chief Justices Conference in Katum where we met to fashion out a way forward for African Judiciary, particularly the establishment of African court of justice.
    “So, I came back last week Wednesday. Fortunately, today happens to be the day I have the opportunity to see Mr. President and welcome him back home and then thank him for the confidence reposed in me to head the judiciary of this great nation. And as I have always said, I am committed to that job and to the good of this nation under the rule of law.”