Acting Chief Justice of Nigeria (CJN) Walter Onnoghen assumed office last Thursday after being sworn in by President Muhammadu Buhari. Justice Onnoghen is mounting the saddle at a difficult time in the life of the Judiciary. Justice Sylvester Ngwuta of the Supreme Court has just been charged to court with alleged money laundering. Fourteen other judicial officers, including another Supreme Court Justice, Inyang Okoro, may also face similar charges. Can Justice Onnoghen restore confidence in the Judiciary, which has been hit with allegations of corruption? Lawyers are canvassing speedy confirmation of his appointment to enable him tackle this and other problems. ERIC IKHILAE writes.
HIS appointment was preceded by the recurring debate of where the Chief Justice of Nigeria (CJN) should come. From among the Justices of the Supreme Court or outside? Traditionally the most senior JSC succeeds the former CJN. But in recent years, there has been a campaign for a break from the past in order to rejuvenate the Supreme Court. Last Thursday, President Muhammadu Buhari settled for tradition when he swore in Walter Samuel Nkanu Onoghen as acting CJN.
In compliance with Section 231 (1) of the Constitution, the National Judicial Council (NJC), after its October emergency meeting, recommended Justice Onnoghen to the President as the next CJN.
But the president, acting under Section 231(4) of the Constitution, named Onnoghen as acting CJN.
By virtue of Section 231(5) of the Constitution, the President has three months to confirm Justice Onnoghen.
What the Constitution says
Section 231(4) says: ‘’If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.
‘’(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.’’
Following his inauguration on November 10, Justice Onnoghen, 66, became the 16th CJN. If confirmed, he will be in office until he is 70 in 2020.
The man Onnoghen
He was born on December 22, 1950 in Okurike Town in Biase Local Government Area of Cross Rivers State.
He attended the Presbyterian Primary School, Okurike in Biase Local Government Area from 1959 to 1965. He was in Accra, Ghana to attend Odorgorno Secondary School, Adabraka, between 1967 and 1972 for his West African Examinations School Certificate (WASC) examination.
Justice Onnoghen was at Accra Academy, Ghana between 1972 and 1974 for his WASC (A-Levels) before proceeding to the University of Ghana, Legon, between 1974 and 1977 to obtain his Bachelor of Law Degree (LL.B (Hons).
He graduated with Second Class Upper Division and was among the best graduating students.He attended the Nigerian Law School, Victoria Island, Lagos between 1977 and 1978 for his B.L certificate. He completed his compulsory National Youth Service Scheme (NYSC) in July 1979.
He was a Pupil State Counsel, Lagos State, (1978 – 1979), Partner in the law firm of Effiom Ekong & Company, Calabar (1979 – 1988), Principal Partner/Head of Chambers of Walter Onnoghen & Associates, Calabar (1988 -1989), Chairman, Cross River State Armed Robbery and Fire Arms Tribunal (1990 – 1993).
Justice Onnoghen was also Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar (1996), Chairman, Failed Banks Tribunal, Ibadan Zone (1998), High Court Judge, Cross River State Judiciary (1989 – 1998)
He was elevated to the Court of Appeal in November 1998, from where he was promoted to the Supreme Court in June 2005.
Instructively, Justice Onnoghen is mounting the saddle at an inauspicious moment in the life of the third arm of the government, a season the Judiciary is shoved in the eye of the storm and it is being asked to justify its claim to perfection.
The raid on the homes of some judicial officers by men of the Department of State Services (DSS), the on-going investigation of some judges and senior lawyers by the Economic and Financial Crimes Commission (EFCC), among others, have called to question the Judiciary’s integrity.
Will Onnoghen make a difference?
Will Justice Onnoghen make the difference? Has he the capacity to apply the cleansing gel urgently required to transform the Judiciary into a truly temple of justice? Can Justice Onnoghen, within the next three months, wield the magic wand?
These and more are questions which ponder observers’ mind as Justice Onnoghen mounts the saddle.
Having served at the apex of the Judiciary for about 10 years, and being the second in command in the last two years, Justice Onnoghen comes across as someone, who knows where the shoe pinches.
This, he revealed, when, at his inauguration last week, he pledged to impact the system positively. He promised to support the government’s corruption fight in the judiciary, adding: “In this state of our development and with your programme in tow, I assure you of the full cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary.
“I intend to carry on where my predecessors stopped, modify certain areas, but with the general ultimate goal of having a better judiciary befitting the nation Nigeria.’’
The suggestion is that the new CJN should first, preoccupy himself with the only task of reviving the battered image of the Judiciary, with efforts directed mainly, at reviving the waning public confidence in the judicial system.
It is urged that he sustains the various reforms measures of his immediate predecessor, particularly initiatives aimed at ensuring the successful implementation of the recently launched National Judicial Policy (NJP).
A major plank of the policy, which many agree is the provision in Section 2, titled: “Policy relating to judicial officers,” is driven by the belief that: “Judicial officers are the mainstay of the judicial system.”
Justice Onnoghen’s immediate predecessor, stressed the importance of this policy at its inauguration on October 24, this year, at the National Judicial Institute (NJI), Abuja
He explained that the policy was intended to enhance the performance of the Judiciary in the face of mounting public complaint and dwindling public confidence on its ability to deliver justice.
The immediate past CJN’s position is captured in Article 1(5) – (9) thus: “In recent times, there has been much concern by the public about the efficiency, effectiveness and transparency of the judicial system. In particular, there has been waning confidence in the performance of the superior courts in regard to justice delivery.
“Such concerns make it imperative to identify issues and problems militating against a credible justice delivery system that would command the confidence of the citizen.
“The need to put in place a judicial policy is borne out of the realisation that the most efficient and realistic way to deal with the identified issues and problems is by way of a judicial policy that would guide and provide principles and guidelines for tackling, and dealing with the issues and providing actions for objective and durable solutions to the problems.
“In the final analysis, the objective of the National Judicial Policy is to promote and ensure the highest possible standard of qualitative justice delivery.”
Lawyers’ expectations
Law experts, including the Nigerian Bar Association (NBA) President, Abubakar Mahmoud, leader of the Body of Senior Advocates of Nigeria and former NBA President Thomson Okpoko (SAN), Justice Minister and Attorney-General of the Federation (AGF), Abubakar Malami (SAN) and Legal scholar, Dr. Chukwudozie Anthony, have identified ways of strengthening the Judiciary.
Mahmoud commended the initiative behind the NJP, urging that it be carried through. He emphasised, particularly, the provision as contained in Part 6, which sets out “the transparency and accountability policy”.
The NBA chief, while setting agenda for the new CJN, at the court session for the immediate past CJN, expressed support for the Federal Government’s effort to rid the Judiciary of corruption, emphasising the need for due process of law.
On the recent arrest of judges and questioning of some senior lawyers, Mahmoud said: “We nevertheless recognise that these events, as distasteful as they have been, present the legal profession with an opportunity to confront the problem of corruption in the Judiciary and indeed, in the legal profession.
“We must work hard to regain the confidence of the Nigerian people. I believe the view of almost all stakeholders that we are now almost at tandem as to what needs to be done. What perhaps must happen is for these views to be harmonised and clear strategy developed.
Okpoko said the Judiciary brought the woes on itself. He contended that the concerned authorities in the Judiciary failed to act when signs of decay became evident in the conduct of the ‘erring’ judicial officers and senior lawyers.
Okpoko, who spoke at the court session for Justice Mohammed, asserted: “Everyone in the profession knows that the last six months have been most turbulent in the history of the Judiciary. The profession has seen turbulences in the past, but never has it ever come to this level.
“The signs of potential danger were all around the Judiciary, especially evident in conflicting judgments of the courts of coordinate jurisdiction, the misuse or abuse of orders of injunctions obtained ex-parte to stop criminal investigations among other misdemeanours.
“We, in the profession (both the Bar and the Bench), have kept a blind eye to our problems for far too long. We have looked on the other side when improprieties and disgraceful conduct are manifesting themselves right in front of us.
“We have been soft in matters that require stern handling. We have allowed rules to be twisted or bent because ‘it will adversely affect our people. We have sacrificed merits on the altar of geographical spread when we know that no matter how much we spread, we cannot cover everyone and everywhere.
“That type of attitude must give way to positive thinking as to what will be best four Judiciary system and profession.’’
Okpoko said although the situation was bad, it was not beyond redemption. He urged new acting CJN to effect far-reaching reforms to restore public confidence in the judicial system.
He said: “Our incoming CJN must face these challenges. The task is enormous, but the damage is not beyond repairs. The inner Bar must look inward, call its erring members to order and be ready and willing to join hands with the Judiciary to carry out reforms of our judicial system, necessary to reposition the Judiciary.
“These must not be cosmetic or fanciful reforms. The reforms should address the issue and come out with what is best for the Judiciary and the country. There are crying needs for reforms everywhere.
“The NJC should get back to the drawing board and produce realistic guidelines and policies designed to ensure that only the best candidates find themselves appointed as judges or justices. Judicial office must be seen as an appointive position, not a promotional office.
“The profession must say goodbye to the immediate past era when the Judicial Service Commission in the states appoints or recommends, for appointment as judges, candidates, whose only basis of selection is the appearance of the candidate’s name in the list submitted by the state governor, his privy or some party leaders.
“The profession must turn its back on those who want to ascend to the judicial office through sponsorship of godfathers or godmothers. We must resist every political interference in the appointment of judges. The NJC needs to be reformed in terms of its composition and its powers and functions.”
Malami noted that Onnoghen was mounting the saddle “when the Judiciary has been called upon once more, to rise up to the challenge of asserting its age-long tradition of competence and integrity”.
He said the Judiciary, for the sake of the people, could not afford to lower its guard in the discharge of its constitutional role as the third arm of government.
The AGF, who was represented by the Solicitor-General of the Federation (SGF), Taiwo Abidogun, stressed the need for the new CJN to ensure a sustained collaboration between the Judiciary and other arms of government.
He urged the new leader of the Judiciary to ensure a progressive improvement in the standard of the system and strive to treat cases of infraction of judicial oath by judges promptly.
“I trust the new leadership of the new Supreme Court will continue to demonstrate its resolve to ensure that the standard of our Judiciary will progressively be improved and that, all cases of infraction of the judicial oath by judicial personnel will be addressed in a firm, expeditious and consistent manner.”
Anthony urged Justice Onnoghen to enhance judicial independence. He frowned at the practice where judges grant audience to politicians in their homes.
“You will recall that Justices Sylvester Ngwuta and John Okoro admitted, in their letters to the CJN, that they granted audience to politicians in their private residences. One wonders if that was acceptable in the first place. Judicial officers and other court officials should be properly educated on what their responsibilities are and what status entails,” Anthony said.
