SUNDAY EJIKE examines CJN’s impassioned final address to Supreme Court gathering for a new legal year.
Apparently aware of the many controversies arising from the Court of Appeal judgments in election cases, Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has called on members of the public with any complaints on the behaviour or application of the law by judicial officials handling election disputes to channel such to the National Judicial Council (NJC) for necessary action.
In this election cycle, several litigants in election petition matters brought before the judiciary have resorted to publicly castigating members of tribunal panels, accusing them of compromising their judicial functions.
Most of the aggrieved litigants, are those who lost in the cases brought before the Tribunals and subsequent appeals at the Court of Appeal.
Some, through their lawyers, have also been discussing judgments of the courts on the pages of newspapers and other media platforms, casting aspersions on the judges that handled their matters.
At every election year, the Constitution requires election petition tribunals are set up by the President of the Court of Appeal to handle petitions from aggrieved politicians and their political parties.
Disturbed by this development, Justice Ariwoola, while addressing the new legal year of the Supreme Court for the last time as the Chief Justice of Nigeria, called on litigants to always take their complaints against judicial officers to the appropriate authority, which is the NJC, for prompt action.
The Iseyin-born jurist will bow out of service on August 22, 2024 when he will attain the mandatory retirement age of 70 years. He was born on August 22, 1954.
The National Judicial Council, where the CJN is chairman, is one of the Federal Executive Bodies created by the 1999 Constitution of the Federal Republic of Nigeria, to, amongst other functions, be responsible for the appointment, promotion and discipline of judicial officers. The Council has through various reforms ensure that it protects and preserves the sanctity of the Judiciary, to foster a justice system that is fair, speedy and meets the hope of all men.
There are several cases where the Council has wielded big sticks against erring judicial officers.
While addressing a special Court session organised to formally herald the 2023/2024 legal year of the Supreme Court and the swearing-in of 58 lawyers conferred with the rank of Senior Advocate of Nigeria (SAN), Ariwoola said, he will not condone any form of malfeasance or nonchalance from any judicial officer in the tribunal or regular court, even as he said that, all the tribunals across the country delivered judgments within the time permitted by the Electoral Act and allied subsisting legislations.
The scorecard
Despite the outcry against the conduct and performance of the judiciary, Justice Ariwoola, however, scored the arm of government very high, stressing that “the judiciary, as it is today, is more deserving of public trust and confidence than ever before.”
In recent time, judiciary has come under a sustained scrutiny over governorship appeals in Plateau, Kano and Zamfara states. Also, Ariwoola’s deputy, who retired weeks back as the most senior Justice in the country, Musa Dattijo Muhammad, at his valedictory session, said there was rot in the judiciary.
Yet Justice Ariwoola was upbeat, counting the successes of the apex court.
He said the Supreme Court handled 1,271 cases, including motions and appeals in the 2022/2023 Legal Year.
“Out of these, we heard 388 political appeals, 215 criminal appeals and 464 civil appeals. Similarly, the court considered a total number of 49 criminal motions, 153 civil motions and two political motions.
“Between September 30, 2022 and July 11, 2023, the Supreme Court delivered a total number of 251 judgments. Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals.
“Within the period under review, precisely 10 months duration, a total number of 91 rulings were delivered by the honourable court.
”To a very large extent, I will confidently say that this scorecard is impressive, fascinating and appreciable in view of the unpleasant events that dotted the legal year, especially the attenuating number of justices on the Supreme Court bench, which has to do with some challenges that could not easily be surmounted by one arm of government alone.
“I attribute the tremendous successes recorded in the course of the last legal year by the honourable court to the doggedness exhibited by my industrious and team-spirited brother Justices and the general staff,” he said.
Ariwoola urged the new SANs not to take for granted the honour conferred on them, pointing out that they were successful out of 114 applicants.
While 57 of the new SANs are practicing lawyers, only one emerged successful from the academics.
“As Senior Advocates of Nigeria, you now carry heavy burden on your shoulders from the moment you leave this courtroom, everything in you and about you will now be freely scrutinised and dissected by everyone that comes in contact with you.
“There is nothing like private life for you henceforth, as whatever you hitherto regarded as private life will now be treated as public life by members of the public; and there is nothing you can do about it.
“So, watch your utterances, watch your actions and watch the kind of company you keep, because you have already assumed the role of ministers of the court, as you are now expected to assist the court to attain justice, equity and fairness in all ramifications” he admonished.
The CJN also called for respect of the rule of law and the holistic independence of the judiciary.
He said, “The judiciary, as it is today, is more deserving of public trust and confidence than ever before. If the faith of the people is to be maintained in the judiciary, then judges must be above board, deliver justice without fear or favour.
“So, I admonish all of us to always be impartial in all our judgments”.
He equally assured Nigerians that he would do everything possible to ensure that the apex court attains its full complement of 21 justices before he retires.
“Currently, there are just 10 justices on the bench of the apex court; the lowest in the history of the apex court. As soon as I assumed office on June 27, 2022, I immediately got down to work on this urgent and immediate need in particular.
“Though we have not gotten them on board yet, I can convincingly assure the litigant public that within a very short while, the Supreme Court will, for the very first time in its history, get the constitutionally-prescribed full complement of 21 Justices.
“That is one of the legacies I have been working assiduously to leave behind as it now seems that the court has been somewhat ‘jinxed’ from meeting its constitutional requirement since that piece of legislation was enacted several years ago.”
Judiciary must be independent
Justice Ariwoola said, the independence of the judiciary must be given adequate statutory protection, not just at the federal level alone but also at the state level.
“The rule of law and the holistic independence of the judiciary should always be cherished by all. As the Chief Justice of Nigeria, I will do everything within my ability to make it remain part of my responsibility to nourish.
“The Judiciary, as it is today, is more deserving of public trust and confidence than ever before; and we are poised to reposition it for effective justice delivery to make our beloved country a destination of note in the observance of the rule of law and tenets of Constitutionalism,” he said, amid assurance to leave the system better than he met it.
Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), expressed the readiness of the administration of President Bola Tinubu to implement judicial reforms with the cooperation of the judiciary, adding that the Federal Government is waiting on the judiciary to set the ball rolling.
He also cautioned that, “It is unprofessional for a legal practitioner to be seen engaging in the analysis of cases pending before the court. The doctrine of sub judice enjoins lawyers and even members of the public to refrain from commenting and discussing live cases.
“You should not be seen breaching this doctrine. However, where judgment has been delivered in a given matter, lawyers and the public are free to analyse and discuss the decisions without impugning the integrity of the judicial personnel involved or attacking the professional competence of counsel involved in such matters”.
He added that unlike the 2018 guidelines, which allowed for the restoration of the Silk rank after a three-year withdrawal period, the 2022 guidelines provide no such provision, meaning that, once a SAN rank is withdrawn for misconduct, it cannot be regained.
The AGF maintained that once the Legal Practitioners Privileges Committee, pursuant to the provisions of Paragraph 26(4) of the Guidelines withdraws the rank from any holder who may have breached the provisions in sub-paragraph (a)-(h), the withdrawal is final and the rank cannot be restored afterwards.
“It, therefore, behoves on any Senior Advocate of Nigeria to strive to conduct himself in utmost professional standards and to avoid running foul of the Rules of Professional Misconduct for Legal Practitioners,” Fagbemi advised.
The NBA president, Mr Yakubu Maikyau (SAN), in his remarks, said, members of the bar who claim judges collect bribes, “should quit being cowards and make bold to present the evidence to law enforcement agencies, even when the bribes are allegedly given by or through them. It is a sacrifice we must make to save the nation.”
He therefore, called on the judge who alleged that a senior counsel attempted to bribe the tribunal in Kano to forward the evidence and particulars of the counsel to the NBA for disciplinary action.
“If this cannot be done, because the allegation was unfounded, the Bar demands an apology just as I have severally done for the unwarranted hurt caused your lordships by members of the Bar, ” he said, adding that, it is the sole responsibility of members of the Bar and the Bench to dispense justice in the country.
“The job of dispensing justice is the responsibility of the judiciary, so, if the public loses confidence in the judiciary, what the executive and legislative arms of government should do, is not to take over the responsibility of the judiciary, but to reform it to restore public confidence” he counselled.
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
GSK/P&G exit: Why investors are leaving Nigeria — Atedo Peterside
Founder of Stanbic IBTC Bank, Atedo Peterside has revealed cogent reasons investors are running away from…
How my client raped me during ritual at his house — Female traditional healer
A 26-year-old South African female traditional healer has narrated her horrifying experience of being allegedly raped by…
Naira falls to N1,099/$, closes gap to parallel market value
The official foreign exchange (FX) market on Friday oscillated downwards, thereby shrinking the gap/spread between the official and…
RIVERS CRISIS: Wike’s loyalists restrategise, insist on Fubara’s impeachment
IN spite of the intervention of President Bola Tinubu in the face-off between Governor Sim Fubara of Rivers State and his predecessor, Mr Nyesom Wike, there are…
Why the north suddenly cares about northern lives
It should be made clear from the outset that I am overwrought with immense grief by the heartbreaking but…
Naked Olympics: Sporty naturists take to the beach in Rio to compete at the Naked Olympics
A group of brave nudists are competing in Rio’s NAKED Olympics every weekend, in a stripped back version of…
