Separation of Powers Under Threat, Says Rights Group

The Centre for Democracy and Development (CDD) has called on relevant authorities to defend and protect the principle of separation of powers and the independence of the judiciary, which constitutes a principal plank of advocacy by all democratic forces and organizations.

A statement by CDD fellows, Professors Adele Jinadu, Jibrin Ibrahim and Okey Ibeanu said there is a significant challenge with the operations of the separation of powers and that the circumstances surrounding the exit of the former Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammed reflects the erosion of the independence of the judiciary, one of the three arms of government.

The statement said “the manner of the resignation – voluntary or forced – and the reason for it – ill-health or cover-up for corruption – have raised critical questions on the state of the judiciary”.

It reads in part: “In recent years, several high-profile mid-night attacks on the houses of senior judicial officers, including justices of the Supreme Court has indicated executive agency in the harassment and intimidation of the judiciary.

“The process of appointment of judicial officers, from the lowest levels right up to the CJN has become politicised and integrity and competence are no longer core criteria in the selection process. The outcome is that there is a steady decline in the quality of judicial officers. The powers of the CJN are excessive within the Supreme Court and the National Judicial Council (NJC). The same is true of the relationship between state Chief Judges and the state judiciary. These should be reviewed to reflect a more collegiate approach among peers.”

The CDD added that all is not well with the Supreme Court and the judiciary because the high level of corruption in the society has penetrated the system and threatens to compromise the whole system of justice delivery.

For instance, it said: “Many judges have become very cosy with politicians and prominent members of society, and no longer keep to the age-old principle of maintaining a healthy distance from political and social networks.”

Against this background, the CDD has recommended that the process of appointing judges at all levels, including the CJN, should be reviewed and made more open with a focus on competence and integrity. It also called for the review of the excessive powers of the CJN in the control of the Supreme Court and the NJC, to transform it into a more collegiate system.

It added: “The conditions of service of judicial officers, especially Judges and Magistrates at all levels should be improved and their tenures properly guaranteed to insulate them from political and societal pressures and corrupting influences.”

TheNation

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