CJN outlines core values of a good judge

He enumerated these values while speaking at an induction course organised by the National Judicial Institute (NJI), recently for newly appointed judges.The CJN told the judges that their performance on the bench dependent on their commitment and continuous self-development in the art of adjudication, knowledge and practice of the law and strict observance of judicial […]

He enumerated these values while speaking at an induction course organised by the National Judicial Institute (NJI), recently for newly appointed judges.
The CJN told the judges that their performance on the bench dependent on their commitment and continuous self-development in the art of adjudication, knowledge and practice of the law and strict observance of judicial ethics and code of conduct for judicial officers.
He said: “The qualities and core values of a good and eminent Judicial Officer includes:
(i)  Independence: In this context, independence means being free of any loyalties, duties or interests that might inappropriately influence the performance of a judicial officer’s functions. Judicial independence is not a privilege but a right to every court user in Nigeria that his or her cases are dealt with by a court whose independence is guaranteed in both qualification, nature and character Independence is therefore a core quality of an astute and eminent judicial officer.
(ii) Impartiality: The next important attribute of a good and eminent judicial officer is impartiality which is closely aligned to independence. It lies at the heart of judicial function and it is reflected in the oath of office. All litigants must be treated equally without regard to wealth, influence, circumstances of birth or any other factor whatsoever. Impartiality guarantees the existence of rule of law. If a judicial officer compromises his functions so as to carry favour from the rich and powerful, or in order to receive positive media coverage, he or she would cease to be impartial and would certainly undermine and truncate the rule of law.
(iii) Patience: It is commonly said that patience is a virtue. It is an important attribute of a sound judicial officer. A judicial officer needs to be patient particularly when listening to evidence that is implausible or to submissions that are dubious and unattainable. Natural justice requires that the parties be given fair opportunity to present their cases before a decision is made. If a judicial officer acts impetuously by expressing fixed views prematurely or by cutting off a party before his case is completed an appellate Court may order a retrial and in the process, other unpleasant consequences may arise. Even in situation where a litigant is not represented by counsel, a judge should be patient enough not to be put off by the inability or unwillingness of the litigant to comply with normal Court processes and judicial directions. He has the constitutional right to choose not to be represented by counsel except in serious criminal trials.
(iv) Humility: Humility is not out of place in the judiciary. Where a judicial officer is assisted by counsel in the course of trial, it is appropriate to acknowledge this at that time or at the end of the trial. Likewise, where a judge is under a misapprehension in a case, it is not inappropriate to acknowledge the error and to thank the party that clarified the position. Such respect and cooperation strengthens the relationship between the Bar and the Bench and instils a sense of confidence in the humanity and integrity of the judiciary in the eyes of Court users.
(v) Communication Skills: Good communication skill is an essential requirement for a sound and erudite judicial officer. As judicial officers, you are constitutionally required to make rulings in the course of a trial and to give directions to litigants and witnesses. These rulings or judgments must be done in a manner and language that can be quickly understood by those who are expected to comply with them. You are required to give written reasons for your decisions. Sometimes, the cases may involve complex factual and legal issues. The reasons must therefore, be clear, succinct and unambiguous so that the parties and other interested persons can understand them.
Lack of good communication skills can be dangerous and devastating.
Avoid too much Latin maxims that have no bearing on the positive Nigerian jurisprudence.
(vi) Courtesy: This is not only a basic human quality but an important attribute for a judicial officer. In the past, some judges regarded aloofness and gruffness as adding to judicial authority and to the mystique of the office. Those days are gone.
Everyone who comes before the Court is entitled to be treated with courtesy and respect, even those who are accused of heinous or despicable crimes deserve some respect. If litigants or counsel are throwing barbs at each other in offensive or disruptive manner, you must order them to stop. If a counsel is shouting at a witness in a humiliating manner, you must order him to desist from doing that.
After all, courtesy is not incompatible with effective advocacy or effective adjudication. Judicial Courtesy bolsters the authority of the Court, and earns the respect of the society it serves.
(vii) Cultural and Community Engagement: Nigeria is a multi-ethic nation. Most states of the Federation are made up of diverse ethnicities, languages, religions and cultures. The success of such society depends on mutual understanding and respect. Equality before the law and respect for other people’s rights are important elements of rule of law. As you move from one judicial division to another, you must treat all Court users with equal respect regardless of how different they are or how unpopular their cause may be. In the interpretation and application of customary and native laws, avoid assumptions that are based on cultural stereotypes. Negative cultural stereotypes strain harmony within the community and cause serious security breaches. Except where the adduced native law and custom is barbaric or offends the repugnancy test, every litigant is entitled to have his or her case decided based on the evidence that has been adduced and tested in open Court in the Course of trial rather than on any other extraneous considerations.
For the Kadis of the Sharia Court of Appeal, Your applicable law is the Sharia. For the Judges of the Customary Court of Appeal, Your applicable law is the prevailing customary laws of the litigants that come before you not the biblical or koranic injunctions. Your religious inclinations should not be brought to bear in your judicial decisions as a judge of the Customary Court of Appeal. No matter how you feel about the religious implications of such alleged customs, so long as they comply with requisite legal and judicial tests prescribed, you must apply them in
relevant cases.
(viii) Sense of Humour:The administration of justice is a serious business, with important obligations and responsibilities.
Court cases involve tremen-dous stress for Court users and therefore the courtroom is not a place for judicial officers to try their hands at being comedians. That does not mean, however, that judicial officers must be perennially uptight and unhappy. No, the Courtroom is not a grave yard. A balanced life style, interests outside the law, a down-to-earth personality and a good sense of humour can increase a judicial officer’s enjoyment of his judicial work. This can assist in ensuring that the mood in the courtroom is positive which, in turn, can ensure that the hearing is conducted in an efficient and harmonious manner.
(ix) Abiding by the Code of Conduct and Judicial Ethics: This is the most important requirement of a judicial officer. Every judicial officer must abide by the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, and Judicial Ethics as expounded in the Bangalore principles of Judicial Conduct. Any judicial officer that does not abide by the Code of Conduct is on his way out of the Nigerian Judiciary. The Nigerian Judiciary is now more prepared and more poised than ever before to rid itself of all the ugly dirt’s inflicted on it by unscrupulous persons occupying judicial offices in Nigeria. The National Judicial Council and the respective States’ Judicial Service Commissions are adequately empowered to remove, with ignominy, any judicial officer or judicial staff that has chosen the path of dishonour to be lazy or refuse to abide by judicial ethics and Judicial Code of Conduct. The Code of Conduct covers all aspects of a judicial officer’s live both in and out of Court. It must be studied, digested and imbibed by all judicial officers in Nigeria.
(x) Prompt Disposal of Cases: This is a constitutional requirement. A good judicial officer must dispose of matters before him promptly, efficiently and diligently. You must demonstrate due regard for the rights of the parties to have their cases heard and disposed off without unnecessary delay. You must be in control of Your Courts to eliminate dilatory practices, avoidable delays and unnecessary adjournments. You must devote adequate time for Court duties, be punctual in attending Court and expeditious in determining matters before you.”