As Nigeria marks its 54th year of existence as a
corporate entity, stakeholders in the justice sector
have emphasized the need for a holistic reform
that would make justice affordable and accessible
to the common man.
Leading the debate was the Chief Justice of
Nigeria, CJN, Justice Mariam Aloma Mukhtar, who
decried that "the level of delay in the dispensation
of justice in Nigeria is disturbing and has over the
years yearned for attention".
The CJN who bemoaned the situation while
flagging-off the 2014/2015 new legal year, further
warned about the rising figures of awaiting trial
inmates in Nigeria, a development she blamed on
a cyclone of factors both within and outside the
judiciary.
She stressed that as the country inch closer to the
completion of the second decade of its nascent
democracy, it should pay more attention to the
issues of judicial reform and financial independence
for the judiciary as an arm of government.
She said: "We cannot afford the degeneration of
the Nigerian judiciary. Therefore, attention in the
form of an institutionalized pragmatic response
must be carried out in several key sectors of the
Judiciary".
The observation of the CJN is coming on the
heels of call by the Nigerian Bar Association, NBA,
for a review of the yardstick for the appointment of
judges in the country.
Lending his voice to the debate, the National
President of the legal body, Mr. Augustine Alegeh,
SAN, insisted that, "The current state of affairs
whereby the procedures and criteria for the
appointment of judges is shrouded in secrecy
must give way to a more transparent and open
system".
It was his argument that "Public confidence in a
free, fair and impartial judiciary is improved when
the individual is aware of the process by which
judicial officers are selected".
He maintained that merit rather than favouritism
should be the basis for the appointment and
promotion of judicial officers.
"The quest for an independent and incorruptible
judiciary will continue to elude us unless and until
there is a complete overhaul of the judicial
appointment and promotion mechanism", the NBA
President added.
Meanwhile, the CJN, has advocated the
appointment of more Judges and Magistrates, as a
way of curbing some of the challenges associated
with delay in the dispensation of justice in the
country.
"The ratio of remand prisoners or awaiting trial
inmates in Nigeria is alarming and to a certain
extent can be linked to an inefficient judiciary.
"As with our Criminal Justice System, so also is
our civil justice. As the back bone of our legal
system the common man in Nigeria should be able
to resolve their grievances and obtain remedy in
conformity with fundamental rights through
institutions of justice.
"In an effective manner Civil Justice requires that
the system be accessible, affordable, effective,
impartial and culturally competent. Effective Civil
justice also implies that court proceedings and
judgments are delivered and enforced without
unreasonable delays", the CJN stated.
Meantime, on his part, while conceding that the
judiciary has not lived up to expectation, the
Attorney General of the Federation and Minister of
Justice, Mr. Mohammed Bello Adoke, SAN, called
for an urgent reappraisal of the present
performance evaluation mechanism in the judiciary
which he said tends to emphasize quantity at the
detriment of quality.
"A judge's performance should be measured by a
cock-tail of performance indicators including, but
not limited to: the quantity of rulings/judgments;
the number of decisions upheld or overturned on
appeal; the degree to which judges take effective
control of their courts; case management skills
and sitting as at when due.
Evaluation mechanism
"I am of the respectful view that a more responsive
performance evaluation mechanism will better
reward hard work, sanction indolence and promote
a harmonious working environment in the
judiciary", Adoke added.
He further urged Nigerians to exercise restraint in
the way they write petition against judges, "a timid
and fearful judiciary comprised of judges
constantly looking over their shoulders as a result
of palpable fear of unjustified petitions cannot
dispense justice in the manner desired by the
entire citizenry.
"We must collectively play active roles in reversing
this trend", he argued.
The AGF urged the National Judicial Council, NJC,
respective Heads of Court, and the leadership of
the NBA to do more than they are doing at the
moment, "to protect the dignity and independence
of our judicial officers".
As the debate rages on, the fact still remains that
the Nigerian judiciary, though has evolved
tremendously within the past 54 years, is yet to
meet the expectations of the citizenry.
Sadly, the Judiciary still lags behind in so many
areas. At this age, many of the judges are still
constrained to take notes in long hand.
It is equally pathetic that in this era, the judiciary is
still grappling with the twin plagues of bribery and
corruption both within the Bar and the Bench.
General elections
Besides, as Nation marches into what obviously
will be a very busy legal year, in view of the
coming general elections and the appeals that will
certainly follow, it is imperative that the Judiciary
extricates itself from inappropriate connections
with, and influence by the Executive and Legislative
branches of government.
It is undeniable that judicial independence is a
pre-requisite to the rule of law and a fundamental
guarantee to a free trial.
More so, a comprehensive modernization of the
operational systems of the courts at all levels, has
to be given priority in the ongoing judicial reform
process in order that we may achieve the desired
results in our quest for expeditious and effective
administration of justice.
vanguardnews
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