Rejigging Judiciary for Transparent Justice System

On the determination by the nation’s Chief Justice, Justice Walter Onnoghen, to curb corruption to the barest minimum in the judiciary. Some lawyers also offer tips on how the judiciary can indeed restore its pride through reforms aimed at sanitizing it of corrupt practices. By – Foluso Ogunmodede

For about an hour at the weekend, the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, reviewed his various reforms aimed at ridding the judiciary of bribery and corruption and concluded that he would not rest on his oars until the cankerworm was tackled head on.

Also, he said his leadership of the National Judicial Council (NJC) was more than determined to weed out ‘questionable characters’ on the Bench as he would ensure that the judiciary would not relax ongoing efforts to restore its pride.

NJC had in less than six weeks sacked no fewer than five judges accused of professional misconduct in the discharge of their duties.

The CJN had told scores of judges and Khadis, who had thronged the National Judicial Institute (NJI) Abuja for this year’s Refresher Course that his leadership of the judiciary would no longer tolerate corrupt judges, describing corrupt judges as not only a disgrace to the Bench and the noble profession but also a disaster to the course of justice and the nation.

Although Justice Onnoghen said his definition of corruption was not limited to bribe-taking, he did not exclude judgements and orders predicated on consideration other than law as corrupt practices.

He said: “The prestige of the judiciary is, indeed, essential in a system of government such as ours in which the judiciary functions independently.”

“The behavior of judges is in the circumstances closely scrutinized to guarantee continued confidence in the integrity of the courts.”

“The combination of power, responsibility and humanity, accounts for both the most exemplary and sometimes, the most regrettable judicial conduct. To this end, judges must exercise decorum in all their undertakings.”

“Consequently, the NJC under my watch has constituted the Corruption and Financial Crimes Trial Monitoring Committee (COTRIMCO) which has hit the ground running to serve as a check on the excesses of some bad eggs among us.”

“I am confident that in due course of time, our efforts to rid the judiciary of questionable characters shall yield result.”

At another forum, the CJN also lamented backlog of cases, delayed proceedings and corruption allegations against officers as some of the stains the judiciary had battled to tackle.

This, he said had given birth to about 13 reform agenda designed to sanitise the judiciary and rid it of corruption while directing that his approval for overseas’ trips by judges must be sought.

He specifically told “Dialogue of Organs of Government on Campaign Against Corruption and Reform of the justice sector at the Presidential Villa” that all travels outside Nigeria by judges would now be with his permission after an application would have been made.”

Onnoghen also directed the court at any level to award punitive cost for frivolous litigation or delays caused by lawyers.

In the reforms, judges were now being compelled to sit in their courts from Monday to Friday between 9a.m. and at least 4p.m.

Onnoghen said: “In the recent past, the judiciary has been accused of corruption along with the allegation that when complaints of corrupt practices and unprofessional conducts are brought before the National Judicial Council (NJC), the Council shields or delays investigating the allegations so leveled against judicial officers.”

“Without considering the merit or otherwise of the criticisms, it goes without saying that the judiciary, like every other human institution, needs a rejigging every now and then to improve the functionality of the institution towards a speedy delivery of justice.”

“I have recently authorized the issuance of a set of reforms which ultimate objective is the speedy and transparent delivery of justice.”

“The delay in our justice delivery system is of great concern to me. This unacceptable situation inevitably dictates the need for a thorough and comprehensive reform of our justice sector to ensure access to justice at affordable costs and within a reasonable time”

“Such a reform agenda must of necessity require the cooperation of the three arms of government, namely; the executive, the legislature, and the judiciary, as well as other relevant stakeholders”

“The reforms I have introduced cover a wide range of issues; from establishing new modalities for appointment of judicial officers, to tightening judicial discipline regulations, and fashioning out a speedy way to clear backlog of cases, among others.”

“Clearly, any unnecessary delay of justice is equally an act of corruption. Therefore, to enhance speedy dispensation of justice, we are ensuring that the Rules of Court Procedure must contain a provision for the award of punitive cost by the court for frivolous litigation or delays caused by counsel.”

“In the same vein, I am reviving and strengthening the Inspectorate Division to go round the country and ensure that, in line with Public Service Rules, all judicial officers go to work and sit in their courts from Monday to Friday from 9am to at least 4pm.”

“And, in line with the NJC’s Revised Code of Conduct for Judicial Officers, I have directed that travels outside Nigeria should be with the permission of the Hon. Chief Justice of Nigeria, after an application would have been made.”

“For enhanced performance, all judges of lower courts in the country have been directed to submit returns of cases quarterly to the Federal Judicial Service Commission (FJSC) for assessment as it is done by the National Judicial Council (NJC) in respect of serving judicial officers of superior Courts of Record.”

“In the area of appointment, all judges of lower courts and other public officers such as chief registrars and secretaries, among others, are henceforth required to write examinations and be interviewed, in addition to submission of copies of their judgments to the NJC when they are to be considered for judicial appointment.”

“For members of the Bar who seek judicial appointments, the President of the Nigerian Bar Association (NBA) will, in addition to the requirements in the NJC Guidelines on Appointment of Judicial Officers, assist the NJC with a separate assessment report on all NBA candidates being considered for judicial appointment.”

“In the area of discipline, members appointed to serve in any fact-finding committee will henceforth be expected to complete their investigation and report their reports within 21 days.”

“And, considering the increasing number of petitions written against judicial officers, we will constitute more committees to investigate the allegations therein.”

“We have a lot more in our agenda to strengthen and reposition the judiciary, but suffice it to say that fighting corruption is not the responsibility of any particular arm of government but that of every citizen of Nigeria.”

“Corruption or any other form of injustice, for that matter, thrives in a culture of impunity. To carry out a successful campaign against corruption, we have to fight the culture of impunity which is an attitudinal phenomenon. If we allow the rule of law to reign, then there will be a dramatic reduction in corruption and injustice.”

“Corruption starts with a decision by an individual or a group of individuals to do the wrong thing. It is as simple as that. Corruption is never an accidental act. The person who commits a corrupt act has an option to do the right thing.”

“As a democracy, Nigeria is guided by the rule of law where the Constitution is the ground norm. It is pertinent to mention that there is no ambiguity concerning the role of the judiciary in our Constitution. It is an arbiter between parties. The core issue in the mind of an arbiter is for justice to be done and seen to be done.”

“Corruption in the judicial arm of government happens if an arbiter, in this case a magistrate, a judge, a justice or a panel, having heard from all parties and having determined where justice lies, decides to do the wrong thing by giving judgment to favour a particular individual or party over another.”

“On the part of the judiciary, the NJC under my watch has constituted the Corruption and Financial Crimes Cases Trial Monitoring Committee (COTRIMCO) under the chairmanship of Hon. Mr. Justice Suleiman Galadima, CFR, JSC (rtd), to serve as a check on the excesses of some bad eggs in the judiciary. I am confident that in due course of time, our efforts to rid the judiciary of questionable persons shall yield results.”

“To match words with action, we did not just set up COTRIMCO but we have devoted a 20 per cent of our already lean budget in the Judiciary to the committee to ensure their mandate is effectively executed.”

“I have also issued a directive to all heads of courts to designate some courts in their jurisdictions as Special Courts to handle corruption cases. This is a step in the right direction as lingering corruption cases will be expeditiously dispensed with.”

But while lawyers thumb up the Chief Justice of Nigeria’s determined efforts to restore the judiciary to its former glory and rid it of bribery and corruption through a series of reforms, they sharply disagreed with the CJN on the inaugurated COTRIMCO.

To the lawyers, although his sincerity to reposition the judiciary was not in doubt, they expressed divergent views on Justice Walter Onnoghen’s establishment of the Corruption and Financial Crime Cases Trial Monitoring Committee’s (COTRIMCO) ability to check bribery and corruption in the judiciary.

The lawyers – Dr. Abdul Mahmud, Dr. Tunji Abayomi, Dr. Shuaib Abdulmalik, Senior Advocates’ Seyi Sowemimo, Festus Keyamo, Hakeem Olatunde Afolabi, Mr. Chukuma Onyekwere and Victor Akina all differed on the inevitability of COTRIMCO as expressed by the CJN to check excesses of bad eggs on the Bench.

For instance, Mahmud called for the disbandment of the monitoring committee, describing it as not only toothless but also a pretentious and cosmetic committee that would dent the good intentions of the CJN.

He said: “How does the NJC think it can address corruption on the Bench with chopping the tree branch while the roots of corruption sprout in the hallowed chambers of our courts?”

“If the CJN is serious about corruption, he should do all of three things: (1) the CJN, members of the NJC and Justices of the apex court should make their assets declaration public; (2) propose a considered reform programme, which insulates the CJN from the activities of the NJC. There is no greater corruption than having the CJN sit on a council saddled with the responsibility of the discipline of judicial officers; (3) Open up the process of selection of SANs, which lawyers know is fraught with corruption.”

“Isn’t it instructive that almost all NBA Presidents nominated to the COTRIMCO have defended corrupt dregs of our society? So, does it not question the modus and criteria for selection of SANs? I am with Ayo Salami on this.”

Mahmud was echoed by Abdulmalik, who simply described the CJN’s committee as a toothless bull dog which may not fulfill the purpose the CJN desired for it.

Abayomi said NJC lacked statutory powers to monitor judges. Instead, he suggested an independent body to be created to even monitor the NJC.

He said: “The NJC has not taken a final position on the issue. The NJC has set up a committee to monitor corruption cases. But if you want to monitor judges, it should not be NJC. NJC itself needs to be monitored. There must be an independent institution capable of monitoring judges discretely.”

“The committee has no statutory power. It cannot discipline any judge over any misdeed, rather it is just to look around and probably report to NJC observations during trials.”

“One now wonders how such a committee can curb corruption in the judiciary. Sowemimo, Keyamo, Afolabi, Onyekwere and Akina differ. They urged COTRIMCO to remain focus on its assignment. Sowemimo while lauding the CJN’s effort called for more intervention from the committee.”

He said: “I think some of the things that will aid the reform are already in place. One of such is the system whereby judges were made to submit regular returns on the volume of work they are doing.”

“However, I want the committee to look into how to make the system of appeal faster. If there is a possibility that a wrong decision of the High Court can be quickly reversed by the Court of Appeal, it will help a lot.”

“A situation whereby it takes years before wrong decisions of the lower courts are upturned by the superior courts has a way of encouraging manipulations of judgements at the lower courts.”

But if things are speedily done at the appellate court, manipulations of judgements at the lower courts will be discouraged. So, the process of reviewing judgements of the lower courts should be faster in order to rekindle people’s confidence in the judiciary.

This is a major area that I want the committee to look into.

“I think the issue of detecting corruption should be left to the law enforcement agencies. They are the ones to device means through which they can monitor the activities of judges.”

Keyamo said: “To my mind, the committee can appoint sub-committee to be monitoring jurisdictions where there are high number of corruption cases, notably the Lagos and Abuja axis.”

“The appointed sub-committee will go to court regularly and observe proceedings. They will then report back as to the cause of delay in trials and make recommendations to the CJN.
“The people in the sub-committee will be like the eye of the CJN in all the courts.

“The CJN can then make quality decisions based on their recommendations and those hindrances will be removed as time goes on. I think that is a major area in which judiciary can be reformed.”

Afolabi expressed hope that the committee would be able to address the various challenges confronting the nation’s judiciary.

He said: “Setting up the committee in the first place is one of the giant steps taken by the present CJN to find a way of ensuring efficiency within the nation’s justice sector.”

“Prior to the setting up of the committee, there has been a series of complaints mostly about the attitude of some judicial officers, particularly, regarding how they handle cases before them.”

“Everyone knows that court sits by 9a.m. but you can imagine a situation where some judges will not sit until 11a.m. This is part of the problem in the judiciary.” “When we are talking about delay in trials, this is partly responsible. A court that sits by 11a.m. and rise by 2p.m. will surely have many cases unattended to. So, I think the Galadima committee has a lot to do in this area.”

“They can embark on a sort of covert operation whereby they will be visiting courts once in a while to monitor some of these lapses. I want to believe those judges concern will sit up once they know they are being monitored.”

“Another major problem is that some judges are fond of not delivering judgement as at when due.”

Constitutionally, a judicial officer has 90 days after the adoption of final address by parties to deliver judgement in a matter.

Now, a judgement that has become due for more than five months will not be delivered.

However, on a day the judge is ready to deliver the judgement, counsel will be asked to re-adopt their written addresses and then proceed to deliver the judgement.

“Meanwhile, anytime judgement is delivered in a case, every judicial officer has a duty to make a report to the chairman of the NJC. But in order to circumvent that constitutional responsibility, counsel would be asked to re-adopt their written briefs so as not to expose the wrongdoings of the judge. The Galadima committee can also wade in to correct this lapse and ensure a total compliance of judicial officers with constitutional provisions”.

Akina rallied support for the NJC’s determination to rid the Bench of corruption.

He said: “The point is that every Nigerian must support the fight against corruption as it is sad to believe that the country is at its present state as a result of corruption.”

“The fact is that the people appointed on the board of the committee are notable lawyers and retired judges of integrity. So, the issue is not only sincerity, rather, everyone must make effort in this country to support the fight against corruption, because where corruption has kept us today should not be a place any Nigerian, irrespective of position, should be happy about.”

“It is not an enviable position at all. So, we all should ensure the elimination of this cankerworm and at the same time speak up when we find things are not done according to the rule of law.”

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