By Ikechukwu Nnochiri

ABUJA –  IF wishes were horses, the Chief Justice of Nigeria, Justice Dahiru Musdapher, would have just waved a magic wand capable of obliterating all the ugly controversies bequeathed to him by the retired CJN, Justice Aloysius Katsina-Alu.

Musdapher whose judicial toga was undoubtedly at one time or the other, entangled in a face saving mission whilst the tenure of the ex-CJN lasted, having assumed the mantle of leadership of the judiciary,  vowed to extricate that arm of government from what he termed “prevailing iniquities”, stressing that “henceforth, there shall be zero tolerance to judicial corruption or misconduct.

He made the declaration on a day the Nigerian Bar Association, NBA, slammed the judiciary over what it called “cash and carry judgments.”

The legal body through its National Chairman, J.B Daudu, SAN, maintained that, “there is a growing perception backed up by empirical evidence that justice is purchasable and it has been purchased on several occasions in Nigeria”, adding that “No wonder why assassination, unresolved killings and terrorism are on the rise.”

Judicial authority

The allegation came to light during a special court session that was held at the Supreme Court in Abuja to herald the 2011/ 2012 legal year.

In his speech, Musdapher who talked tough, stressed that, “it is very important to ensure that those who abuse the privilege of judicial authority are exposed, expunged, banished and punished.”

He said: “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. I urge you to realise that there is no middle ground and no space on the bench for those adjudged to be unworthy arbiters of truth.

Acting Chief Justice of Nigeria, CJN, Dahiru Musdapher

“As I have admitted on previous occasions, the extent to which prevalent societal currents have also engulfed the judiciary, demands great concern. Judges and the judicial system must remain politically neutral and rise up to safeguard our fledging democracy. We must deflect the tides of impropriety and immunize the entire judicial system against all identified iniquities.

“As its stands today, it appears that the society we serve is not entirely satisfied with our performance. Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities, accept the gap in expectations and do our utmost to bridge it.

“I strongly believe we can succeed by adhering to the fundamental objectives and directive principles of state policy as contained in sections 13 to 24 of the constitution of the Federal Republic of Nigeria 1999 (as amended).

Section 23 provides that: “the national ethics shall be discipline, integrity, dignity of labour, social justice, religious tolerance, self reliance and patriotism”, it is of fundamental importance that in the adjudication of any matter that is placed before us particularly those dealing with the interpretation of the constitution and other statutes, to bear these principles in mind.

“These are the goals that Nigerians have set for themselves so we are bound to adhere to these ideals if we are to obliterate cut-throat politics, election rigging, corruption, nepotism, ethnicism and many other wrong doings from our polity. As judges of our country’s courts, we must act according to the highest dictates of our conscience”, he added.

He further used the occasion and pleaded with NBA and the Body of Benchers, not to visit the ‘sins’ of his predecessor on him, saying that “the problem affecting the judiciary cannot be solved without an active collaboration between the Bar and the Bench.”

It would be recalled that both the NBA and the Body of Benchers, had on August 26, declined to attend the swearing-in ceremony of 30 new Senior Advocates of Nigeria, an event that marked the last official assignment performed by the former CJN, Katsina-Alu.

More so, it was under the administration of the ex-CJN that the NBA pulled out of the National Judicial Council, NJC, following what it described as ‘strange legal procedures’ adopted by the council in ousting the President of the Court of Appeal, PCA, Justice Isa Ayo Salami, from office over alleged judicial misconduct.

However, while imploring all stakeholders in the judicial sector to “take a moment and engage in deep self-introspection”, the CJN, Musdapher, canvassed for an immediate “broad overhaul of the judicial system with a view to increase judicial efficiency and enhance the perception of the public regarding our capacity to dispense justice in her pure form.

Multifaceted problems

He said that a judicial reform committee would soon be formed to look into the multifaceted problems bedevilling the judiciary and proffer solutions that shall be implemented immediately.

“In the interim, we are working with the Executive and the Legislature to make several amendments to the constitution and other laws to enhance judicial efficiency and probity.

“ Significantly, we are of the view that section 233 920 of the constitution of the Federal Republic of Nigeria (as amended) must be revised to compulsorily require leave of the Supreme Court before an appeal may lie from decisions of the Court of Appeal.  The Supreme Court Rules and the Supreme Court Act are also being scrutinized for possible amendments towards ensuring improvements in judicial efficiency.

“I invite you to consider that during the 2010-2011 legal year, the Supreme Court disposed off 163 cases comprising of 78 judgments and 85 motions. However, there are still other 1, 149 civil appeals, 58 criminal appeals and 177 motions pending before us.

“It is clear that based on existing realities, even if we had a full constitutional complement of 21 justices of the Supreme Court, it will take years before the backlog is cleared notwithstanding the increasing spate of new cases that are being filed almost every day!

“Therefore, the envisaged amendments referred to in the foregoing shall serve as a much needed sieving mechanisms which offers an opportunity for appellants to justify why we should list their cases. This novel process will certainly close the door to frivolities and ensure that only deserving issues are argued before us.”

The CJN decried that “presently, the NJC considers about 40 petitions or complaints against judges at every meeting”, noting that “considering the other responsibilities of the council in judicial appointments, it appears worthy for us to consider the merits of creating a separate institution to specifically deal with complaints/petitions, discipline and removal of judicial officers.

“Several commonwealth countries have such specialized institutions specifically responsible for complaints and discipline. Considering the urgent need to obliterate the plague of judicial corruption and misconduct, we will liase with the executive and the legislature to ensure that such an institution is set up as soon as practicable”, he added.

Realistic justice

On its part, NBA contended that the root cause for the exacerbating menace of the Boko Haram sect and similar sectarian crisis bedevilling the country was the inability of the judiciary to provide authentic, credible and realistic justice to Nigerians, stressing that it is the reason  “why assassination, unresolved killings and terrorism are on the rise.”

While tasking the new CJN to redeem the battered image of the judiciary with a view to regaining the confidence of Nigerians on its integrity, the NBA, observed that Justice Musdapher, took over the mantle of leadership of the judicial sector, “at a time when the credibility and image of the justice delivery system has been severely dented.”

The NBA boss further disclosed that the legal body would soon submit to the CJN, a comprehensive blueprint on the way ahead for the justice sector in Nigeria, adding that “the attainment of justice in its purest and undiluted form is what humanity and the good people of Nigeria demand and deserve.”

He said: “if for any reason, any sector of the justice delivery system is found wanting, then, urgent steps must be taken to redress the problem, where the reforms or restorative steps are successful, history and posterity will not forget whoever the leader of the reform process is.

“The events that led us to this point are known to all. Leaving the issues that are sub-judice, there are question marks on the ability of the judicial system to deliver justice rooted in the universal principles of the Rule of Law and constitutionalism.

“Several factors of which the most dominant is corruption have been identified as the bane of progress In the Nigerian judicial system. It is clear that all is not well.
“We are however of the view that your lordship must be given a clear unhindered opportunity to at least lay the foundation for change and reform.

“That your lordship has until July next year to engineer this transformation is not a disadvantage but is indeed a positive sign. The advantage is that a reform agenda that has progressed beyond the stage of conceptualisation confronts your lordship.

“The judiciary is not only the last hope of the common man: it is the only hope of all men and women, rich or poor who are bound by a common destiny. Modern democratic society as we know it today will cease to exist where confidence is lost in the justice system. No one wants to return to those dark days of autocracy and dictatorship.”

NBA further lamented conflicting decisions of various courts of appeal on very serious matters in the electoral process.

“An example is the court’s decision on the manner of initiating pre-hearing session of an election petition. As things stand today, the decisions of the Abuja, Makurdi, Calabar and Kaduna Divisions of the Court of Appeal on the matter are conflicting, this state of affair does not help the judicial process.

“Firstly, people read meanings into the inability of high-ranking judges to state a clear position on a simple matter of the interpretation of a statute. Secondly, discordance will ultimately, exacerbate recourse to self-help and extra judicial measures”, NBA warned.

Having acknowledged the immense rot in the judiciary, all eyes are now cast on the CJN, to match his words with corresponding actions.