Judges, lawyers trade blame over rot in judiciary
The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, at the weekend accused members of the bar of aiding and abetting corruption on the Bench.
He also accused lawyers of frustrating spirited moves by the bench to cleanse its folds of misfits.
The CJN spoke when the President of the Nigerian Bar Association, NBA, Chief Augustine Alegeh, SAN, led the a delegation of members to his office on a courtesy visit
Specifically, the CJN, who had earlier vowed to continue from where his predecessors stopped in the cleansing of the judiciary said the same lawyers, both old and young, who decried the rot on the Bench are the first to jump to seek court orders to stop the National Judicial Council, NJC, from investigating judges alleged to have acted wrongly.
“I want to use this opportunity to urge the Bar to put the interest of the system far and above the individuals.
“Imagine this scenario: you in the bar decry the ‘rot’ on the Bench, calling for disciplining and cleansing of the judiciary by weeding out the bad eggs on the Bench. Yet, you are the first to jump to the court to seek restraining order on NJC to stop it from investigating and commencing trial of erring judges based on petitions brought against them before the Council. How then is the principle of fair hearing sustained?”
However, Alegeh, in the presence of some Supreme Court justices accused the bench of frustrating the on-going moves to achieve financial autonomy for judiciary at all levels in order to stem the rot in the sector.
Other Supreme Court justices on hand to receive the NBA delegation were Justices Mohammed Tanko Ibrahim, John Fabiyi, and Bode Rhodes-Vivour.
The NBA President said some chief judges of states were not helping matters in securing financial autonomy for their respective courts.
He cited a finding by the bar to the effect that some chief judges, for fear of their governors, lied to the NBA that the executives had complied with the judgment, which affirmed their financial autonomy when the reverse was the case.
Allegeh therefore urged the CJN to use all available ways to tell the CJs to stop conniving with state executives to work against the interest of the judiciary.
But both the bar and the bench agreed on the need to partner to help the judiciary operate more efficiently and effectively in certain areas where lapses were identified.
For instance, the CJN called on lawyers to go headlong to find a solution to the situation in the Rivers State judiciary.
“The perpetual closure of court in Rivers State is unacceptable. NJC has never said governors can’t appoint state chief judges.
“But the violation of the principle of checks and balances by state governors in Rivers State as enshrined in the constitution for the appointment and disciplining of erring chief judges or judges is equally unacceptable. Seniority is part and parcel of the legal profession.
“To just appoint a chief judge from any position without recourse to seniority arrangement is an invitation to anarchy in the system just as we are now witnessing in Rivers State,” he said.
Responding, Allegeh said he had personally made some efforts and had met with the Rivers State governor, Rotimi Amaechi, who is disposed to a consensus candidate provided that the NJC withdraws a letter appointing Justice Daisy Okocha as administrative judge for the state.
The NBA then suggested that if the next most senior judge in that state High Court is not acceptable to all the parties, a Justice of the Court of Appeal can be appointed to head the state judiciary for two years.
But Justice Mahmud asked what happened if the said Appeal Court Justice was younger on the bench to some of the current judges of the state high court before his or her elevation.
The CJN also asked lawyers to appear before the National Assembly that has already sent the Constitution Amendment Bill to states Houses of Assembly for ratification without giving the Bar and the Bench the opportunity to make an input into matters concerning the judiciary.
“There are a lot of items for amendment concerning the judiciary. Some cases ought not to be remitted to Court of Appeal or Supreme Court that are now causing excess baggage in these courts.
“The Supreme Court is still trying to clear the 2002 and 2003 appeals not to talk of recent ones. Yet you lawyers are equally not helping matters by not advising your clients correctly.
“Just yesterday, a panel was inundated with appeals on who were candidates in the 2007 and 2011 governorship elections. Of what use are these appeals when another party primaries are being conducted now,” he said.
Source: National Mirror
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