Agenda for new CJN

The position of Chief Justice of a nation is a sensitive one and the occupier of the office, in addition to climbing the top echelon of the Bench, is regarded as an embodiment of justice in the country.His constitutional roles are clearly spelt out and protected against possible excesses of other arms of government.Coming when […]

The position of Chief Justice of a nation is a sensitive one and the occupier of the office, in addition to climbing the top echelon of the Bench, is regarded as an embodiment of justice in the country.
His constitutional roles are clearly spelt out and protected against possible excesses of other arms of government.
Coming when the nation’s judiciary is undergoing a revolution which was championed by his immediate predecessor, Mohammed, no doubt needs to muster the courage and will power to continue the reforms.
Besides, Mohammed needs to show the world that the judiciary cannot be compromised and politically tainted as Nigeria prepares for another political transition in 2015.
At the recent valedictory court session in her honour, former CJN Aloma Mukhtar she said her desired was to leave a better and stronger judiciary than she met.
The ‘no nonsense’ judge had sacked seven judges during her two-year tenure which also witnessed fast-paced dispensation of justice and a renewed image for the third arm of government in Nigeria.
Those who know the new CJN said he is a thoroughbred judicial icon and exemplary character who rose through the ranks and clinched the pinnacle of the profession he has a passion and love for.
They said Mohammed is not alien to the reforms in the judicial sector and that he would use his new role to take such reforms to another level with a view to redeeming the image of Nigeria’s judiciary.
Little wonder, President Good-luck Jonathan said Mohammed’s appointment was a befitting recognition of his worthy contribu-tions and commitment to the service of humanity and Nigeria.
The President said since Moham-med had been a critical part of the judicial reforms from inception, he believed that the new CJN’s tenure would witness greater zeal in reforming and repositioning the judiciary for the effective and efficient discharge of its constitutional mandates.
Lagos lawyer, Chief Felix Fagboungbe, told our correspondent that Mohammed’s appointment as the CJN was in order and carefully thought out.
Having being part of several judicial reforms in the country, Fagboungbe said Mohammed’s tenure would indeed witness continual reforms as well as institutionalisation of legal and social justice in the country.
He said: “The new CJN is very familiar with the situation in Nigeria’s judiciary and he would excel in the position assigned to him. He is a thorough man whom the judiciary can count on as a dependable character.”
According to him, Mohammed would also follow suit with the crusade to free the nation’s judiciary from corruption and malfeasance which his immediate past predecessor started.
He said Mohammed’s appearance before the Senate, where he spelt out his agenda for the third arm of government was impressive and a manifestation that he has sufficiently prepared his mind and intellect for the job and the challenges therein.
Another lawyer, Adetayo Abiola was of the opinion that the new helmsman would not fail in his responsibilities.
He however cautioned Mohammed to uphold the integrity of the judiciary and hold his head high against undue patronage by politicians as 2015 elections in the country draw near.
“The new Chief Justice of Nigeria must exhibit exemplary character in the temple of justice as Nigeria’s elections draw near. He should not hobnob with the executive who may probably take advantage of being instrumental to his appointment.
“He must borrow a leaf from his immediate predecessor, whose two-year tenure brought a new horizon and template to which the judiciary operates in Nigeria,” adding, “it will not be too much if Mohammed out-performed his predecessors in office.”
Human rights lawyer, Barrister Femi Aborishade said there would be monumental changes in the  nation’s judiciary following the emergence of Mahmud Mohammed as the CJN.
He however said Mohammed would be challenged by increasing tendency of insecurity of judicial officers, at the backdrop of politically motivated invasion of courts and the phenomenon of kidnapping, complex rules of procedure that undermine access to justice and expeditious disposal of cases; backlog and delays in the disposal of cases thereby eroding public confidence in the judiciary and manual and mechanical systems of operations that affect efficiency in service delivery.
According to him, the new CJN would also be challenged by inadequate financial and human resources that contribute to case backlog; unethical conduct on the part of some judicial officers and staff that impede the fair and impartial dispensation of justice; weak administrative structures that undermine the effective administration of courts; lack of operational autonomy and independence; poor terms and conditions of service that make it difficult for the judiciary to attract and retain highly qualified professionals amongst its ranks; and non-transparent and politicised procedures for the appointment and promotion of judicial officers.
Other challenges he enumerated are  those of establishing an effective complaints and disciplinary mecha-nisms to deal with misbehaviour by judges and other judicial staff, lack of clear provisions on the issues of timelines for role players, lack of alternatives to imprisonment, practice of ‘holden charges’, phenomenon of detention without trial; prisons congestion and growing number of Awaiting Trial inmates.
Aborishade said  some of the problems are not what the CJN alone can tackle as CJN, as they may require legislative initiatives, while  others require policy development.
“While the CJN may only select and prioritise a few that may fall within his control and which are achievable within the short to medium term, others may be solved through active processes of reaching a normative consensus by promoting positive ethical value system and philosophical world outlook.’’
According to him, in order to tackle the enumerated challenges, personal security and safety of judicial officers, including magistrates, should be addressed more seriously in view of the increasing tendency for politically motivated invasion of courts by litigants while judges must also abstain from descending into the arena of disputes, directly or indirectly by conduct.
He also suggested that the process of appointing judges should incorporate elements of advertisement, nomination and/or application and  interviews before shortlisted names are released for election by the electorate at appropriate constituencies.
The human rights lawyer also advocated the need for judges to be selected on the basis of merit, competence and integrity, while the names of shortlisted persons found suitable should be published in national dailies, magazines, websites, etc, in order to generate comments, objections and complaints from the public.
He further said there should be constitutional amendment removing the role of the executive in the appointment of judges so that judges can perform without fear or favour.
He said performance appraisal system for judges should not only be based on the number of judgments delivered but on a comprehensive assessment of administrative and bench orders made.
He suggested that the  position of chief judge should be rotational (rather than terminal until retirement) adding that there should be constitutional amendment to the effect that a person applying as chief judge should include requirements of minimum of 10 years post call, evidence of previous experience as judge for a specified period, minimum number of judgments delivered.
According to him, funding of the judiciary should be under first-line items in the budgets and not tied to releases at the whims of the executive arm of government. Non-observance of section 162 (9) of the Constitution should be sanctioned.
He said salaries and allowances of all judicial officers, including magistrates and other judicial staff should be reviewed regularly such that they rise as inflation rises, in order for highly qualified personnel to be attracted and retained in the judiciary.
Meanwhile, petitions have started flowing in against the new CJN. In one of such petitions to the Senate Committee on Judiciary, made available to Daily Trust, the new CJN who was the presiding judge was alleged to have intimidated a counsel to the petitioner and appellant – Alhaji L’Aziz Ayinla Kolawole Jimoh, to withdraw the case from court without the petitioner’s consent. Those named as respondents in appeal are PDP, INEC and Dr. Abubakar Bukola Saraki.
The petitioner Alhaji LAK Jimoh alleged further that the intimidation of his lawyer to withdraw the Appeal No. SC/493/2013 was a violation of his fundamental human right.
Mohammed, who promised a renewed hope for judiciary and zero tolerance for corruption in all spheres, hails from Jalingo in Taraba State.
He was born on November 10th, 1946 and bagged his Bachelor’s degree in Law at the Ahmadu Bello University, Zaria. He graduated in 1970 and attended the Nigerian Law School, in Lagos and was called to bar in 1971.
He started his career in the public service with the ministries of Justice of the defunct North-Eastern State, and Gongola State, and the judiciary of the defunct Gongola State.
Nigerians are indeed waiting to witness how the new CJN would transform the judiciary to a status.