Assurances given recently by the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, that the judiciary would live up to its billings under her watch could not have come at a better time. The institution has been enmeshed in public debates as to the quality of decisions being churned out by the courts across the country, particularly in political-related cases. Many, therefore, interrogate whether the judiciary is effectively playing its role as the custodian of the rule of law and the bastion of hope for ordinary citizens.
This is the public notion that Justice Kekere-Ekun, at a public discourse on ‘Ethics, Morality and the Law’ sought to allay; stating that the judiciary is mainly comprised of persons of sound legal intellect, good character, and proven track record. While acknowledging the few bad eggs tarnishing the image of the judiciary, the CJN, however, maintained that Nigeria is endowed with knowledgeable, upright, courageous, and hardworking judges. Regrettably, it is the little foxes that spoil the vine.
Earlier, Justice Kekere-Ekun, during her confirmation as the 23rd substantive CJN and the second female to occupy the hallowed office, vowed not to condone judicial corruption and rascality. She further assured Nigerians that “The judiciary, under my leadership as CJN, will not be associated with corruption and other things like frivolous ex parte orders or interim injunctions by judges. Decisive actions would be taken against any officer found indulging in such practices. Powers on ex parte orders and interim injunction are no doubt being abused by some judges. Such abuses would not be tolerated under my headship of the judiciary.” On conflicting court judgments, she asserted that digitilisation of the court system across the board would stem the problem.
True to the dictates of the learned CJN, the National Judicial Council (NJC) embarked on a nationwide cleanup exercise recently. The NJC suspended two High Court Judges from performing judicial functions for one year without pay and placed them on the “Watch List” for two years, for various abuses, including failure to adhere to the principle of stare decisis and for granting ex parte orders without a Motion on Notice filed along with the Originating Summons.
The NJC had also recommended the compulsory retirement of two other judges, including a state Chief Judge, over falsification of their ages in order to prolong their service years. Consequently, they have been directed to refund the excess salaries and allowances received from the date they ought to have retired till date. The council reprimanded some jurists for mishandling sensitive matters; and set up committees to investigate allegations of judicial misconduct, among other actions. These disciplinary sanctions suggest that the CJN is not grandstanding.
Nonetheless, it took the NJC several years before intervening in the age falsification saga. Moreover, the retroactive action seems to have been prompted by public complaints rather than the Council acting on its volition. Again, given that there have been several past instances of age falsification by senior jurists, the NJC ought to have plugged the loophole before now.
The recommenced compulsory retirement for persons long overdue for retirement is no punishment at all. Age falsification is a criminal offence and should not be trivialised. Therefore, the NJC should ensure that the concerned judges are prosecuted to serve as a deterrent to others. Importantly, any employment system that cannot automatically timely detect and weed out personnel due for retirement should be overhauled.
Also of a grave concern is that the Nigerian wheel of justice is oxidised because of the antiquated administrative and adjudicatory mechanisms. Due to the extant analog operating system, it takes several months for new cases to be assigned to judicial officers, and an eternity for appeals (involving ordinary citizens) to be heard. Some unscrupulous court officials are leveraging the flawed system to milk hapless litigants.
In an era of technological innovation, it is an aberration for court processes to be filed, and proceedings recorded, manually without a viable digital alternative. Justice Kekere-Ekun should strive to imbue Nigerian courts with technological advancement. For ease of operations and quicker service delivery, the Nigerian justice administrative system has to undergo digital disruption.
Timelines should be specified for all activities from the preliminary stage up to judgment. For instance, there should be a stated duration for generating suit numbers, assigning new cases to judges, setting down cases for the first hearing, determining applications, and so on. Bottom-line, litigants should have a fair idea of how long it would take for their matters to be finally dispensed with.
Equally, lawyers should be able to apply and make payments for certified true copies of court documents, decisions, records of proceedings, and records of appeal via specified portal. Instructively, the courts should transition to a hybrid system as court sittings need not always be physical. Indeed, a holistic reform that will deeply traverse the fabrics and layers of the justice system at all tiers is expedient for qualitative judicial services.
Despite its multifaceted challenges, the Nigerian judiciary remains an invaluable and indispensable national asset worthy of reverence. It is noteworthy that it is the same system that produced eminent law lords in the mould of Kayode Eso, Chukwudifu Oputa, Teslim Elias, Akinola Aguda, Niki Tobi, et al. The judiciary has the inherent capacity to live up to its professional calling and responsibilities. It behooves the judiciary to conduct its affairs in a way that commands respect and inspires confidence. Judges by their offices must be above suspicion and should never be associated with unethical practices. To this extent, the current unholy alliance between judicial officers and the political elites must be estranged.
The federal and sub-national governments collectively constitute the leading litigants in the country; hence judges should desist from any engagements with political officeholders that are capable of influencing their decisions. They should also refrain from accepting gifts and attending social events organised by influential or politically-exposed persons. Admittedly, the task before the CJN is quite herculean, but it remains her primary responsibility to make the Nigerian judiciary the citadel of justice in deed and in truth.
