THE Chief Justice of Nigeria, Kayode Ariwoola, has prompted Nigerians again of the need to overhaul the judiciary. At a recent stakeholders’ summit in Abuja, the CJN bemoaned the heavy toll corruption, inefficiency, and undue influence continue to inflict on the integrity of the judicial system. He underlined the fact that an independent and impartial judiciary is the fundamental pillar of democracy and the rule of law. There is no argument against this. Essentially, Nigeria’s problem is how to attain these ideals.
The CJN should be worried because, under his watch, the judiciary has come under renewed attacks for its many failings, with its reputation literally in tatters.
Civil society organisations claim the reabsorption of compulsorily retired judges, allegations of nepotism, illicit influence peddling, and alleged manipulation of the timing of appointments are marring the integrity of the judiciary.
Corruption in the system has been linked to delays in handling cases, abuse of court processes, financial mismanagement, poor resourcing and remuneration, impunity, and inadequate sanctions for erring officials.
The judiciary’s predicament can also be traced to some of the pronouncements emanating from the courts which have given the impression that some judicial officers are given to manipulation by politicians and the well-heeled. In Kano State, the courts have ridiculed the judiciary with their chaotic pronouncements on the emirate tussle between two emirs and the Kano State Government.
The so-called ex-parte orders have become increasingly frivolous, and judges of concurrent jurisdictions issue conflicting orders. This happened in the case of Abdullahi Ganduje, chairman of the All Progressives Congress over his suspension from the party. There is also the case of former Governor Yahaya Bello over his arrest saga with the Economic and Financial Crimes Commission.This erodes public trust.
The Supreme Court itself appeared to have stood logic on its head when it affirmed the nominations of Godswill Akpabio and Ahmed Lawan as APC senatorial candidates when the Electoral Act stipulates that candidates cannot contest two offices in the same electoral cycle. Both politicians had contested the presidential primaries of the APC in 2022 against the winner, Bola Tinubu while eyeing senate seats.
Questions are being asked concerning how a judge could issue an ex-parte order stopping the reinstatement of Muhammed Sanusi II as Emir of Kano while he is reportedly away in the United States.
The appointment of some judges has been questionable, undermining the quality of the Bench. Several senior judicial officers have been accused of placing relatives on the bench as a parting gift as they leave office.
Therefore, the judiciary needs a total overhaul including its structure, processes, certain existing legislation, and sanctions regime for erring officers. Lawyers, including senior members of the Bar, have routinely filed motions in which they withhold facts aimed at misleading judges to arrive at wrong conclusions. Such conduct should be met with severe punishment.
The criteria for appointment of judicial officers should be more stringent and merit-based. Judges should no longer be smuggled into the system to mark time and move up in ranks as a matter of routine.
Many senior justices have complained about the huge workload amid welfare constraints. Justices of the Supreme Court revolted against the erstwhile CJN Tanko Mohammed over issues of welfare. This was a national embarrassment.
There have been suggestions that the Supreme Court should be decentralised in states or regions so that appeals can be determined faster. Only presidential election disputes should end at the Supreme Court. These would require constitutional amendments which the judiciary as a body should champion.
The CJN, Office of the Attorney-General of the Federation, National Judicial Service Commission, Nigeria Bar Association, legislators, civil society, and other stakeholders must urgently press for a thorough overhaul of the system, including comprehensive legislative review and adoption of technology.
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