Purifying the stream of justice from poisonous contamination

About 800 Judges from superior courts across the country gathered in Abuja, last week, during the 2017 biennial judges’ conference to discuss common problems and exchange ideas and experiences for better performance as judicial officers, reports VIVIAN OKEJEME
Last week, judges in the country gathered at the National Judicial Institute, Abuja, for the All Nigeria Judges Conference to rub minds on how best to move the judiciary forward.
In recent times, the judiciary has been severally accused of wrongdoing but the Chief Justice of Nigeria, Justice Walter Onnoghen, has taken it upon himself as a task to redeem the image of the judiciary.
The event is biennial, tagged “All Nigeria Judges Conference” which gives judges of all superior courts in the country opportunity to talk on issues affecting the judiciary in the country and how to further enhance the their work.

Executive not to intimidate the judiciary
During the event, which began last Monday, and was declared opened by President Muhammadu Buhari, the judiciary was assured that the Executive Arm is not out to make the work of judges in the county difficult.
The assurance was given by the president who personally attended and declared it open. No doubt, for a better course of justice, the judiciary needs to foster better working relationship with the Executive and the Legislature.
“My lords, earlier this year, the Judiciary came under investigation. Let me again assure the judicial community, this action taken by the Executive was in no way a prelude to usurping the powers of the National Judicial Council or aimed at intimidating the judiciary as wrongly portrayed in some sections of the media. Executive and legislative officials were also investigated. I am aware that the majority of judicial officers are learned and incorruptible, and day in day out acting in the best spirit of their oath of office.
“At the same time, I am quite aware of the problems besetting the judiciary including under-funding, inadequate personnel and absence of modern technological aids. Bearing these in mind, this administration increased allocation to the Judiciary from N70 billion to N100 billion in the 2017 Budget. A similar figure has been proposed for 2018,” Buhari assured.

Strengthening judicial integrity
In his own speech at the conference, the CJN said by virtue of the National Judicial Institute Act, CAP N55, Laws of the Federation 2004, the conference, a week-long event is intended to serve as a forum to give Judges the opportunity to come together every two years in order to discuss common problems and exchange ideas and experiences for the enrichment of performance as the Third Arm of Government.
According to him, it is an occasion which is unique to the Nigerian Judiciary. The theme of this year’s conference is: “Strengthening Judicial Integrity and the Rule of Law”.
Justice Onnoghen said the country’s nascent democracy has to be nurtured, “This, of necessity, has to be so because man, in his finitely limited wisdom, has not yet developed a better system of governance. This duty, no doubt, imposes on all of us severe obligations and conscious efforts. Also, the several provisions of our Constitution have in succession, come before your Lordships for interpretation and enforcement in conformity with the arduous task imposed on the Courts by the Constitution.
“The Courts are at all times prepared to perform this role expeditiously and with minimum costs to the litigants. This process, amongst others, can rapidly enhance the true comprehension of our Constitutional provisions as a step towards the identification of the grey areas requiring future amendments, modifications, alterations, and/or even complete deletions.
“You will all agree with me that a corrupt Judge is not only a disgrace to the Bench and the noble profession, but also a disaster to the course of justice and the nation. I must not fail to emphasis here that my definition of corruption is not limited to bribe-taking, but includes the giving of judgments or orders based on any consideration other than legal merit. It is gratifying to note however, that the National Judicial Council is already tackling this cankerworm head-on.

COTRIMCO to the rescue
In the light of the foregoing, the National Judicial Council, under Onnoghen’s watch, has constituted the Corruption and Financial Crimes Cases Trial Monitoring Committee (COTRIMCO) which has just been inaugurated under the chairmanship of Hon. Justice Suleiman Galadima, JSC (rtd), to serve as a check on the excesses of some bad eggs amongst them.
This move was made in the belief that in due course of time; the efforts to rid the Judiciary of questionable persons shall yield results. The CJN assured that with the cooperation of all, they will not merely disgrace these misfits out of the exalted office, but also ensure their prosecution and conviction.
According to him, the designation of courts to handle corruption cases is also a step in the right direction as lingering corruption cases will be expeditiously dispensed with.
“It should no longer be business as usual. I believe the stream of justice must be kept pure and free at all times from poisonous contamination. I must state categorically however, lest I am accused of the fallacy of hasty generalisation, that the Judiciary in Nigeria is not totally corrupt or inefficient.
“No. Only few Judges are found wanting. It is an established fact that the Judiciary in Nigeria is as good as the best anywhere in the world.
“Indeed, this fact can be readily corroborated by such countries as The Gambia, Botswana and Seychelles where some of our Judges have served meritoriously and without blemish,” he also said.
To him, the NJC will continually ensure, through rigorous screening and painstaking appointment procedures, that the best materials, in terms of learning and character, get appointed to the Bench.
“As we are all aware, the Judiciary has been in the eye of the storm in recent times, due largely to the activities of a few bad eggs in our midst. The public today has a very wrong perception of the Judiciary, and this is rather unfortunate. We have a duty to change the wrong perception and narratives.
“In my view, a good place to start this change is the lower Courts – the Magistracy and Customary Courts. These Courts are the first contact most citizens have with the Judiciary, and most times, the only contact they would have.
“I therefore urge the Heads of various Courts to pay close attention to the activities of the lower Courts within your Jurisdiction. Proper supervision and feedback mechanisms are imperative if we most succeed”, he said.

Prison decongestion
He described Prison Congestion as a worrisome phenomenon in the nation’s justice delivery system, which has become an embarrassment.
“Close supervision, and frequent visits of heads of courts to prisons within their jurisdictions, and synergizing with Attorney Generals of States are veritable steps to a lasting solution.
“Prison congestion is a worrisome phenomenon in our justice delivery that has become an embarrassment. We must partner with the Executive, represented by the office of the Attorney General of the Federation and Minister of Justice to curb this menace.”

NJI open to new ideas
Also at the event, which ended last Friday, NJI Administrator, Justice Rosemary Bozimo, said the institute remains motivated, responsive and open to new ideas in the midst of challenges, adding that the institute is determined to expand its horizons like never before.
“I am proud to announce that since the establishment of the NJI in 1991, the statutory objective of serving as focal point of judicial activities relating to promotion of efficiency, uniformity and improvement in the quality of judicial services in the superior and lower courts, has successfully been carried out.
“The institute has, over the years, organised annual conferences as avenue for judges to meet in order to share their wealth of knowledge, experiences and thoughts as well as proffer solution on issues of common interest with a view to repositioning the Nigerian judiciary for optimal performance.
“We remain motivated, responsive and open to new ideas in the midst of challenges. We are determined to expand our horizon like never before and the recent expansion in the scope of our activities as epitomised by recent collaboration with various government organizations, is indeed proof that the institute is determined to improve upon capacity building for judges.”

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