Nigeria: Arrested judges: Senior lawyers urge NJC to insist on due process

…Abuja CJ says Judiciary poised to rid itself of corruption

Senior lawyers under the aegis of Body of Senior Advocates of Nigeria (BSAN) have urged the National Judicial Council (NJC) to insist on due process in determining the fate of judges recently arrested by

the Department of State Services (DSS).

It advised the NJC not to be swayed by the sentiments being expressed by members of the public on how best to handle the current challenges facing the Judiciary.

The BSAN’s position is contained in a speech delivered on its behalf by a member, Adegboyega Awomolo (SAN), who represented the body’s leader, Alhaji Abdullahi Ibrahim (SAN) at an event in Abuja, marking the commencement of the 2016/2017 legal year of the High Court of the Federal Capital Territory (FCT), Abuja.

Awomolo, who stressed the need for the NJC to act within its rules and procedures, noted that: “Both the Bar and the Bench constitute the majority members of the NJC.

“In this respect, the NJC must act within its rules, procedure and the law and not by the noise of the market. Judicial officers must be treated according to the law of the land.”

He urged judges and lawyers to support efforts to rid the Judiciary of corruption and restore public confidence to its operations.

Awomolo argued that although there was the need to rid the Judiciary of corruption, such effort must be within the confines of the law and due process.

He urged judges to learn from the recent developments in the country and strive to be above board.

Awomolo said judges must be above board like Caesar’s wife in their private and public relationships.

“My Lord, the Hon. Chief Judge, our judges/Justices at all levels must learn so much from what is happening in our country today. Suffice it to say that to whom much is given, much is also expected.

“The society requires that judges/Justices like Caeser’s wife, must be above board in their private and public relationships.

“Men and women of the bar and bench must discipline their hearts for godliness, their eyes for contentment and flesh for holiness.

“There is urgent need to encourage ourselves because when the judiciary is cowed and when the bar is intimidated, the result is lawlessness and anarchy. God forbid.

“As late as 1980, I recall Hon. Justice Saidu Kawu, Justice of the Supreme Court (of blessed memory), then as Chief Judge of Kwara State, warned judges of Kwara State judiciary that ‘politicians are to be feared, kept at distance and avoided even if they are your relations’.

“Those words are now alive as a great words of wisdom. My lords, distinguished members of the learned and noble profession of the law, let us from this day resolve to be part of the soldiers fighting against corruption, abuse of powers and misuse of the discretion so as to restore confidence in our judiciary as the last hope of the common man,” Awomolo said.

The Chief Judge of the High Court of the FCT, Justice Ishaq Bello expressed discomfort that the Judiciary has been grossly condemned by the public.

He said although there were bad eggs within the system, the Judiciary was determined to rid itself of corruption.

Justice Bello however added that the fight against judicial corruption must be done in line with due process.

He said, “These are indeed trying times for the judiciary of this country. I am bold to say that the judiciary is determined to eradicate corruption within its fold and seeks the support of relevant agencies.

“However, this should be within legal limits and in line with laid down rules and procedure.”

The FCT CJ said despite the challenges facing the Judiciary, the FCT judiciary remained “a conglomeration of dedicated judicial minds, full of resources and best described as hardworking, honest and impeccable”.

He noted that the public was unjustly blaming the Judiciary for the delay in the handling of cases involving prominent people.

He urged the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related Commission (ICPC) and other prosecuting agencies to be serious in the handling of their cases because the court was no longer willing to tolerate delay.

Justice Bello, who was unhappy about congestion in prisons, advised judges and magistrates within his jurisdiction to consider adopting liberal bail conditions to ease detainees access to freedom.

He said he assembled some judges to address the backlog of criminal cases within specific period.

“As a measure to address overcrowding, I have encouraged judges, magistrates and Area Court judges to be fair and firm, but at the same time, more liberal in the grant of bail so that the prisons will be decongested.

“It is in this light also, that I made the point during my visit to the prison in Suleja and Kuje respectively that I will set up some panels of judges that will address the backlog of cases within specific time frames in criminal trials.

“I call on EFCC and ICPC that we will no longer hesitate to strike out your cases no matter how hostile the case is if you fail to do what you should do.

“Everybody must sit tight and brace up because we must come out of this condemnation.

“If you fail to do your case within the time frame we will not hesitate to strike out the case no matter how hostile it is. The defence must also be diligent.”
Bello, who commended the judges and magistrates in the FCT for “a job well done”, said a total 6,961 cases were filed in the High Court’s registry in the last 2015/2016 legal year.

He said FCT has 37 judges and 65 magistrates, and that a total of 15,673 cases were inherited from the previous year, bringing the total number of cases the High Court handled in the last legal year to 22,634.

“Of this number 9,895 were completely disposed. The magistracy recorded 16,947 in its docket in the 2015/2016 legal year.

“A total of 5,931 were filed as fresh cases, while 11,016 were carried over from 2014/2015 legal year.

“In total, 7,695 were disposed with 9,262 pending. The Abuja Multi-Door Courthouse dealt with 99 cases and disposed 67.”

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) urged the judiciary to work towards enhancing public confidence and trust in the court system.

He also called on the judiciary to ensure speedy determination of cases for the sake of economic prosperity of the country.
Malami said: “In constructing its agenda for national governance, the Federal Government has clearly identified the judiciary as critical stakeholder in its strategy to address the ills of our great country.

“Crucial to this agenda is the tackling of terrorism through enhance military action and prosecution of suspects in line with the rule of law.

“The prosecution of the campaign against corruption with a strong emphasis on asset recovery and sensitisation of policies and processes in all aspects of social life in order to discourage institutional impunity and promote due process.

“Existence of enabling business environment in line with the demands of international business community through expeditious, just and fair determination of cases, constitutes one of the pillars of judicial supports expected of the judiciary in building our economic prosperity.

“The judiciary is expected to play a significant role in line with constitutional powers pursuant to Section 6(6) of the Constitution of the Federal Republic of Nigeria (as amended).

“To this end, the judiciary is expected to continue to take steps towards reforming existing processes to facilitate speedy determination of justice, improve the quality of service delivery and engender greater public respect and confidence in the court system,” Malami said.Thenation