Tag: Osinbajo

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