The admonition lately given to 23 new High Court judges by no less a personality than the Chief Justice of Nigeria, Olukayode Ariwoola, could not have come at a more auspicious time. The judges need to know the delicate intricacies ahead of their career, particularly given the uncomplimentary perceptions in which many Nigerians see the judiciary. The judges have a herculean task not just to change the narratives, but to proffer a fresh face of a judiciary that is much more respected by the generality of Nigerians, home and abroad.
It is a matter of serious concern that the integrity of the Nigerian judiciary has come under recurrent public scrutiny in recent times. Even if informed by sentiments, it is lamentable that some of the reasons adduced for the negative perception of the judiciary appear plausible. It is a dent on the image of the country that the law courts are becoming subjects of aspersions with pronouncements by judges attracting innuendos. The image of the judiciary says a lot about the health of the country and, to this extent, commitment to integrity must be of paramount responsibility of judges in the overriding interest of the society.
It is reassuring that the leadership of the judiciary is not oblivious of the negative public perception and appears poised to change the narrative. That the Chief Justice of Nigeria, Olukayode Ariwoola, seized the momentum of the inauguration of 23 new judges of the Federal High Court to reiterate the imperative of integrity in the dispensation of justice is a welcome development. The new judges should keep faith with the admonition by the CJN that “the bench is neither for the indolent, the greedy nor those with dubious character, who can easily fall for a plate of pottage offered by desperate litigants.” The new judges should see themselves as the future of the new judiciary Nigerians are yearning for in the quest for justice dispensation.
It should be sufficiently instructive that the CJN charged the new judges on the reality of landmines ahead of their duties and demanded uprightness and dedication in upholding the rule of law. However, such commitment requires holistic appraisals and reflections by the leadership of the judiciary. The prevailing situation calls for drastic measures to restore the confidence of the public; and more importantly to reassert the integrity and honour of the judiciary. We agree with the CJN that preponderance of public opinions cannot negate the dictate of rule of law and in particular the provisions of the Constitution. But it would be in the interest of the new judges to take the pervasive perception against the judiciary very seriously and, by so doing, become sensitive to aberrations responsible for the dwindling reputation of judges and by extension corroding the image of the judiciary. Regardless of the tempo and sentiments underpinning public opinion, judges have the binding responsibility to strive towards making the judiciary assert its reputation and earn the trust of the public.
Notwithstanding the level of trust deficit, dispensation of justice must conform with the requirements of law and be in tandem with established practices to which judges are bound by their oath of allegiance. While it is not out of place to demand a high standard of performance from the judiciary, it is unacceptable that judges would be blackmailed into abandoning the tenet of rule of law under whatever guise. The point is that a judge whose conduct is defined by a high level of integrity remains an asset to the country’s judicial system, while a corrupt judge constitutes inherent danger to the society. The newly appointed judges should therefore appreciate that the aphorism “justice must not only be done; but must also be seen to be done” makes it imperative for pronouncements of courts to convey the very essence of justice beyond mere delivery of judgements.
Beyond the urgency of decongesting the courts, which makes appointment of new judges an utmost imperative, the judiciary needs competent and highly qualified men and women with track-record of diligence, composure and decency for imbuing the judicial system with integrity. Recognising the contention and criticism surrounding recruitment of judges in recent time therefore, effort at repositioning the judiciary should take into cognizance the need to overhaul the process of appointing new judges to ensure that best hands and brains are sourced and recruited based on competence. If the judiciary must reassert itself on the path of honour, the clamour for a new crop of judges that would reignite the sound reputation of the Nigerian judiciary should not be downplayed. Therefore, the need for new judges to strive to replicate the candour and erudition of role models like Teslim Elias, Kayode Eso, Chukwudifu Oputa, and hosts of other eminent jurists, who walked the path of honour, cannot be overemphasized. Those judges remained distinguished even in death. It is important to assert that the independence of the judiciary, which is sacrosanct, can only be possible when judges adhere to the ideal of integrity in pursuance of excellence in the dispensation of justice.
It is expected that the new judges will see the negative public perception regarding the courts and the presiding judges as a challenge they must overcome. Rather than being distracted by the prevailing climate of censure, the new judges should heed the charge by the CJN and be firm, dogged and upright on the side of rule of law. While judges are not immutable to public opinion, which may sometimes be distractive and bothersome, judges must remain faithful to the dictates of rule of law and, without hesitation, ensure that justice prevails always. It is therefore anticipated that the new judges would appreciate the need to see their elevation to the prime position at the bench as a lifelong opportunity to distinguish themselves; bearing in mind that the judiciary approximates the hope and aspiration of a just and egalitarian society.
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