Joseph Bodunrin Dauda (SAN) is the Coordinator, Rule of Law Development Foundation, a body incorporated under Part C of the Companies and Allied Matters Act and its main objectives are to promote the development of rule of law in Nigeria, Africa and the world as well as to promote justice sector reforms among others. J.B Daudu is a former President of the Nigerian Bar Association (NBA). At the weekend, he held the maiden quarterly press conference of the foundation with Judiciary Correspondents in Abuja, where Daudu criticised the out-going Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar over what he described as the ‘overbearing influence of a headmaster’ whom he said has reduced Nigerian judicial officers to ‘kindergarten children’. He also said, ‘Nigeria is at a cross-road. AMEH EJEKWONYILO reports
The CJN and the judiciary’s independence
In what one may refer to as the most acerbic criticisms of the out-going Chief Justice of Nigeria, J.B Daudu came down hard on Justice Mariam Mukhtar over her ‘undue interference’ in the activities and functions of the lower courts.
He said: “By the principles of federalism entrenched in our constitution, it is anathema (forbidden) for the CJN to wish to control the administration of federal and state courts. That function is left to the Chief Judges of the judiciaries of those states and heads of the other federal courts such as the President of the Court of Appeal, the Chief Judge of the Federal High Court and the President of the National Industrial Court of Nigeria.”
While acknowledging the giant strides made by Justice Mukhtar since her ascendancy to the position in striving to rid the system of corrupt judicial officers such as the recent removal of two judges: Justices Gladys Olotu of the Federal High Court, Abuja and Ufot Inyang of an Abuja High Court over acts of gross misconduct.
He said it was common knowledge that before the emergence of the present leadership, some judges were in the habit of leaving their jurisdictions without permission and thereby affecting productivity in a very negative manner.
“But to arrest this debilitating trend, the out-going CJN issued directives requiring all justices and judges of all courts (Federal and States) to seek her approval before travelling outside the country for any reason.”
The Senior Advocate of Nigeria further explained that in a number of cases, the CJN refused permission for a judge in the Federal High Court despite positive recommendation from the head of the court.
“This situation has degenerated to the point where Heads of Courts, Justices of the Court of Appeal and State High Court Judges have been queried by the office of the CJN because they were sighted at conferences in which the CJN was herself attending.”
He averred: The CJN has no power to initiate disciplinary action except in accordance with the code of conduct and rules for the discipline of judicial officers, which stipulates that such process cannot commence without a petition received from a person complaining against the conduct of a judicial officer.”
The legal luminary maintained that it was for the head of court to give permission and the CJN to be appropriately notified. “To operate in the current manner is to reduce the Nigerian Judicial Officers to kindergarten children under the supervision of an overbearing headmaster.”
He warned that if the approach was left unchecked, it might lead the judiciary to a situation of “brazen unconstitutionality” of former CJN, Justice katsina Alu, in his attempt to ‘promote’ the then President of the Court of Appeal, Justice Ayo Salami as a way of removing from office. “We must continue to resist the expansion of the power of the CJN at the expense of constitutionalism and due process.”
Daudu threatened: “The Foundation will not hesitate to file public interest litigation for a judicial ascertainment of what has been stated above if this interference with the independence of the judiciary continues.”
The learned silk observed that the plight of the judiciary was ‘self-inflicted’. “The judiciary ought to be the last hope of the common man. Sadly, as things stand today, it is not the last hope of the common man”, Daudu declared.
The 15 million dollars armsgate scandal
In the wake of the recent seizure of about 9.3 million dollars (about 1.5 billion naira) reportedly flown out of Nigeria into South Africa for a purported “arms deal”, the Foundation was of the view that the entire transaction was “irregular and a breach of the rule of law.
The Foundation wondered why the Nigerian government would engage in such a surreptitious deal when it is “prosecuting a legitimate war against internal insurgents and terrorists, which all the foreign powers have pledged their support.”
It noted that the matter was one of those instances where government personnel needlessly ‘drag the nation’s name in the mud. The president needs to take proactive steps to redeem the image of the nation’.
Okey Wali’s abduction
Mr. Daudu described the kidnapped former President of the NBA, Okey Wali (SAN) as a “patriotic” Nigerian who devoted all his life to selfless service. “As a legal practitioner of thirty years post call experience, Wali remained committed to the legal profession by remaining in private legal practice. Had he wished he would have gone into politics to ‘make’ it for himself as others have done and are doing.”
He reiterated that the provision of law and order and the protection of citizens remain the primary focus of government. Daudu lamented that Nigerians were shortchanged in that regard.
State of the nation
The erstwhile NBA President bemoaned the pathetic state of affairs in the country. He said: “Nigeria is at a cross-road, faced with a cancerous culture of debilitating corruption, corrosive ethnic and religious divisions.
Daudu further said: “The problems usually cited are those of bad or useless leadership, a fragile economy plagued by several years of unrelenting corruption, debt and fiscal mismanagement.” He decried the ‘intractable problems with the three arms of government and their inability to govern according to the rule of law.’
