IN the history of Nigeria since independence, the judiciary has never been exposed to the kind of public opprobrium it experienced at the twilight of the tenure of the immediate-past Chief Justice of Nigeria, Justice Aloysius Katsina-Alu.

His era was dogged by controversy, especially on the manner of assumption of office and his exit from the bench. The then President, late Umaru Musa Yar’Adua was in a hospital in far away Saudi Arabia. Katsina-Alu, in an unprecedented ceremony was sworn in by the then out-going CJN, Justice Lego Kutigi. Just as he began, Katsina-Alu bowed out of the bench amid controversy.

Suspended President of the Court of Appeal, Justice Isa Ayo Salami, had accused Katsina-Alu of asking him to pervert justice in the 2007 Sokoto State Governorship Election Petition Appeal. National Judicial Council, NJC, five-man panel found no substance in Salami’s allegation against Katsina-Alu. Rather, Salami was accused of lying in the affidavit he deposed to. Events that followed led to Salami’s suspension on the recommendation of NJC to President Goodluck Jonathan.

Salami is currently challenging the action before a Federal High Court. One of the fall-outs was Nigerian Bar Association, NBA’s decision to withdraw from NJC activities for six months. NBA has, however, explained that its action was based on Katsina-Alu’s decision to swear in new Senior Advocates of Nigeria, SAN, when its annual conference was going on in Port Harcourt, Rivers State capital. It was in this state of flux that the former CJN left the judiciary when he officially retired on August 28. Some senior lawyers, who expressed conservative views on the former CJN’s stay in office said he left a legacy of controversy. This is the judiciary Justice Dahiru Musdapher, has inherited as incumbent CJN.

Interestingly, the new CJN was the second in command to Katsina-Alu. He actually acted as NJC Chairman, while the allegation against the former CJN was being investigated. What this implies is that Justice Musdapher is very familiar with the issues concerning that institution. For one, who understands what the problems are, he is expected to proffer practical solutions to them. In view of recent developments, public confidence in the judiciary is waning. It is infact at its lowest ebb and turning the tide has become imperative. Anything short of this is a recipe for anarchy.

That is why expectations are high as the new CJN begins his 10-month tenure. Not a few stakeholders charged the new CJN to restore public confidence in the judiciary. As the third arm of government, the judiciary is seen as the last hope of the people. But there is no doubt that the hope is fast fading. Herein lies the major task before Justice Musdapher. From his thoughts so far, his lordship comes across as one, who has what it takes to bring the sacred temple of justice back to the path of honour.

At a ceremony in Abuja to mark the commencement of a new legal year penultimate week, the CJN articulated the issues in the judiciary and how he intends to tackle them. Specifically, he told judges, who are not ready to abide by the oath and ethics of their calling to quit. According to him, “I feel it is necessary at this point, to strongly advise that those, who cannot sustain true allegiance to their judicial oaths and abide by all the demands of the Code of Conduct for judicial officers to bow out immediately.”

Apparently, in making this call, the CJN had in mind those judicial officers, whom the NBA President, Mr. Joseph Daudu SAN, had accused of engaging in judgement for sale. To put it bluntly, those referred to are the growing clan of corrupt judges, who have brought dishonour and shame to the bench.

This is the first task before the CJN. He needs to clean the augean stable. Dishonourable judges, who are known to be corrupt and those who have persistent reputation for corruption should be eased out of the bench without delay. Doing this, however, demands the collaboration of NBA.

Since it takes two to tango, lawyers, who thrive in purchasing judgements should also be identified and sanctioned. This, no doubt, is one of the ways to restore sanity to the bench. If this is not done, anarchy is the available option. There are other equally fundamental issues such as restructuring the NJC, appointment of judges, the number of cases getting to the Supreme Court and proper funding of the judiciary. These and others are some of the issues the CJN put his fingers on when he appeared before Senate for screening.

While swearing him in, President Jonathan also told the CJN what Nigerians expect from him. But given the time constraint, some analysts wondered whether he would be able to achieve much. But there are those, who believe the CJN can transform the judiciary if the will is there despite the short tenure.