Despite exemplifying courage and vibrancy, the Nigerian judicial system still faces criticisms and an endless quest for holistic reforms, KEHINDE OSASONA writes.
It would be an understatement to say that the nation’s judiciary is today the most vilified and criticized despite critical roles played post-independence.
Significantly, the sector has not only helped in entrenching the nation’s democratic process and deepening gains made over the years, it has also demonstrated exemplary courage whenever the ship of the nation appears to be heading towards the cliff.
However, the Nigerian judiciary has come under increased scrutiny from the public. And despite its avowed determination and commitment to safeguard the rule of law, pursue the holistic independence of the judiciary and public confidence, the third arm of government has continued to be in the spotlight with critics, commentators and concerned Nigerians taking it to the slaughter slab on a daily basis.
Among other grievances, the agitators hinged their protests on recent events and judgments from the courts, reforms, justice delivery, corruption tag as well as their performances, which they say put the credibility of the judiciary and judicial officers to questions.
The knocks, kudos
Just recently, the former presidential candidate and Labour Party leader, Peter Obi, expressed deep concern over Nigeria’s current state, arguing that the progress made since the country’s return to democracy in 1999 has been completely eroded.
Obi, who was speaking at the 60th birthday colloquium of former Deputy Speaker of the House of Representatives, Emeka Ihedioha, in Abuja painted a bleak picture of Nigeria’s trajectory, likening it to a building project that had been demolished midway.
He said: “If you look at where we are today, it’s like, they (the PDP) started in 1999, laid the foundation. Some people came and took it to the decking, and some people were trying to take it to the first floor, when some people came and knocked everything down.”
According to Obi, the country’s governance has deteriorated to the point where “nothing works,” a situation he says is a stark contrast to the earlier years of democracy. According to the former governor, governance and the rule of law have changed over time.
“I am somebody who can say this, exemplarily,” he stated.
“I became a governor through the courts when President Obasanjo and Atiku were in government. I did not pay the court one naira. I was sitting in my office, and the court declared me the winner, when a governor was not present. This cannot happen in Nigeria today.” Obi said.
As if the barrage by politicians and concerned Nigerians was not enough, fiery critics and personalities from the judicial entity had at one time or another ventilated their anger and came down heavily on the judiciary.
One of them, Mr Femi Falana, a human rights lawyer and activist, a few years ago, challenged legal practitioners under the auspices of the bar and the bench to strengthen their disciplinary bodies with a view to removing the few corrupt judges and lawyers.
Falana went on to blame the National Judicial Council and the Nigerian Bar Association for the rot in the judiciary.
While dwelling on an issue that has to do with corruption in the sector, he urged the Attorney-General of the Federation to arraign three Judges arrested for alleged corrupt practices in court without any delay.
He expressed dismay over the issue, saying that the NBA has continued to shield corrupt judges to the embarrassment of incorruptible members of the bar and the bench.
He stated: “The few lawyers who have plucked up the courage to expose corrupt judges and lawyers have been stigmatized and treated like lepers by their colleagues.
“It is on record that when anti graft agencies sent invitation letters to judges suspected of corruption, they had rushed to the Federal High Court to obtain interlocutory injunctions to prevent their arrest, investigation and prosecution.
“Having failed to take advantage of relevant statutory disciplinary bodies to purge the bar and the bench of corrupt elements, the members of the legal profession have themselves to blame for the harassment of judges by security forces.
“It is on account of negligence on the part of the legal profession that the SSS has engaged in the arrest of judges for alleged corruption and abuse of office.’’
Onigbinde, Agbakoba differ
In another moment of rage, a former NBA President, 7Dr. Olisa Agbakoba (SAN) once stated that he has not only lost confidence in the nation’s judiciary, but suggested that Supreme Court decisions should be subjected to legislative reviews.
The remarks drew the ire of another senior advocate of Nigeria, Dr. Akin Onigbinde, who berated Agbakoba over the comments, saying Agbakoba’s outright condemnation of the judiciary was unbecoming of a person of his status.
Onigbinde, who admitted that the judiciary has its challenges, asserted that Agbakoba’s statement that the court now gives “silly decisions” was unexpected of someone who was once the President of the country’s foremost lawyers’ association.
“Dr. Agbakoba’s approach and publication smacks of a reckless, ill-considered and empty activism that cannot positively improve the judiciary as an institution.
“What was the end-game and long-term objective of Dr. Agbakoba’s video address? Did he expect the disbandment of the Judiciary the morning after, or did he intend to put the consciences of the justices on a hook, or just to bring the institution to complete disrepute?”he queried.
CJN’s standpoint
But while giving an assurance during her confirmation hearing in Abuja last year, the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun promised reforms in the judiciary, saying tough times are ahead for judges found guilty of misconduct. The reforms in her words will include digitalisation of courts to smoothen administration of justice.
Justice Kekere-Ekun said: “One of the things that I’m known for is integrity. I’m also known for being strict on discipline. Therefore, in order to ensure that the integrity of the judiciary is maintained, I will ensure that the Code of Conduct is fully complied with.
“I will ensure that there is zero tolerance for corruption. We have a committee of the National Judicial Council (NJC) that deals with performance evaluation and what that does is they assess judgments delivered, how judges are performing their functions and they have regular conferences.
“What I know is that we are even making moves now to tighten that performance evaluation process so that we can, when judges submit returns, for instance, it’s not about quality or quantity. It’s also about how they carry out their responsibilities. Are they punctual? Are they upright?”
Addressing the growing trend of conflicting court orders, the CJN noted that it has become an issue of great concern in the judicial community.
She added that one of the reasons conflicting decisions have become prevalent in the judiciary is due to inadequate conferences held as conferences gives the opportunity for opinions and shared decisions.
She said: “Now, the issue of conflicting decisions is one of great concern in our community at present time, and one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserved judgments. It is strongly recommended that conferences be held.”
.. Impacting all segments
For President Bola Tinubu, the nation’s judiciary has played a critical role in the evolution of the country by resolving complex legal conflicts even under the military and reshaping public policy that impacts all segments of Nigerian society.
Tinubu, who stated this, while swearing-in the 23rd CJN, further charged her to work on restoring public confidence in the nation’s judiciary.
The president also encouraged the CJN to “defend the judiciary’s independence, promote course of Justice, strengthen mechanism for integrity, discipline and transparency in the judicial sector and pursue other reforms or initiatives to sustain public confidence in the judiciary”