‘Nigeria’s Justice Sector Requires Urgent Radical Intervention’ Mr. Olawale Fapohunda
Two years into the Buhari Administration, Justice Sector Stakeholders have began stocktaking of progress made by the Administration in delivering on its promise of important reforms in the Justice System. Olawale Fapohunda, has a long and ressive resume o
You had great expectations for the Justice Sector at the inception of the Buhari administration, two years into the administration have your expectations been met? I think many of us who pre-Buhari administration, campaigned for fundamental reforms in the way we administer justice, had great expectations from the administration. In many persons in the administration, we saw justice sector reform champions with sufficient subject-matter appreciation, to deliver on the commitments on delivering a justice system that works in the interest of Nigerians. We were over confident that if there was one sector that will speedily feel the wind of change, that sector would be the Justice Sector. All I am going to say now, is that today we are much calmer and realistic about our expectations.
You choose your words carefully in answering that question, is that evidence of your disappointment with the way things have gone?
Lets just say that, we are looking forward to the next two years with renewed hope and much optimism.
Let's review each component of the justice sector starting with the Judiciary. You were very vocal in the call for the speedy appointment and subsequent confirmation of the Chief Justice of Nigeria. How far do you think he has gone in reforming the Judiciary? What still needs to be done?
Well yes insisting that the 1999 Constitution does not provide for the office of an Acting Chief Justice of Nigeria, either temporarily or endlessly, is not a favour done to the Chief Justice of Nigeria (CJN), but a contribution to the wider discussion on the need to strengthen our judiciary. We should keep reminding ourselves that, the judiciary is not a department within government; it is an equal arm of government. We should not expect an independent judiciary, if we place legal and psychological obstacles in the way of such independence. Anyway that is history now. The desire to sustain our democracy prevailed.
I did also say in the course of that advocacy, that it shouldn’t be business as usual in the administration of the judiciary. I am on record to have said that what Nigeria needs today, is not a Chief Justice of the Supreme Court, but a Chief Justice of Nigeria. That means that the Chief Justice should provide leadership and direction, not only for the Judiciary, but also for the Administration of Justice. For emphasis, the CJN cannot simply be the administrative head of the Supreme Court of Nigeria. The Chief Justice must be interested in the delivery of justice across judicial institutions, including those agencies whose activities directly impact on the justice administration in all the 36 States of Nigeria and the Federal Capital Territory. The Chef Justice must also be interested in the workings of the lowest courts. The CJN should be conducting on the spot visits and assessment of courts and places of detention across Nigeria, to get a first hand appreciation of the justice needs of Nigerians.
With profound respect to His Lordship, many of us were disappointed that the first major intervention of the office of the !2 Chief Justice, was the inauguration of a Committee to advice on possible intervention areas in the judiciary. I am certain that, His Lordship was inadequately briefed. The fact that there had been several committees of this nature established by successive Chief Justices, may not have been brought to His Lordships attention. To be sure, there is nothing that needs to be said or written about the needed reforms in the Judiciary, that has not been the subject of multiple committees and constitutional conferences. The reason why many of these reforms proposals are still lying on the shelves, is the absence of political will, leadership and determination to bring together all the three arms of government and their components, to agree on the nature of administration of justice system we desire as a country.
I have proposed a National Council on Administration of Justice Chaired by the Chief Justice, with representation from the highest level of all the other arms of government, to provide implementation and oversight of identified interventions in the justice sector. The idea of a single forum in which the three arms of government, agencies with a justice sector mandate and civil society organisations, meet to identify and implement concrete interventions in the justice system has long been proposed, yet curiously ignored. The fragmented institutional structure of justice related institutions and a regrettable lack of coordination among the three arms of government, are sufficient reason for such Council.
So in summary you are saying that you are not pleased with the steps so far taken by the Chief Justice?
No I did not say that. I said that we need an intervention by the Chief Justice in the Judiciary and the Administration of Justice system in a manner never seen in Nigeria before now. The judiciary needs to find its voice, and respond in deed to concerns that there is a gulf between the workings of the judiciary and the expectations of Nigerians, for a justice system that works in the interest of justice.
And the issue of corruption in the Judiciary?
My view is that corruption in the judiciary, should be placed within the broader context of corruption in the justice system and the country as a whole. It is regrettable that our definition of corruption, appears to be limited to bribe giving and taking. There are fundamental institutional flaws in the system, that provide a festering ground for corruption. In many cases the weak or failed supporting structures around the judiciary, provide fertile ground for corruption.
Are you saying that money plays no role in judicial corruption?
Certainly money or lack of it, plays a
"WE NEED AN INTERVENTION BY THE CHIEF JUSTICE IN THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE SYSTEM, IN A MANNER NEVER SEEN IN NIGERIA BEFORE NOW"
role. For example, a judiciary that goes cap in hand to the executive, to beg for money for its every need, is not likely to inspire citizens' confidence. We also need to revisit the conditions of service of judicial officers. I find it disingenuous to say that persons who are not able to survive on a judge’s salary, should not aspire to go to the bench. I think an appropriate conversation, should be around examining the adequacy of the take home pay and benefits of Judges. Judicial salaries, pensions and benefits should be reviewed frequently. I did suggest in one of my write- ups, that consideration be given to the establishment of an Independent Judicial Benefits and Compensation Commission appointed by the President in consultation with State Governors. The mandate of this Commission, would be to undertake a comprehensive review of salaries, allowances and benefits of all judicial officers in
Nigeria, including lower court judges. The Commission should be required to submit a report with its recommendations to the National Council of States, for deliberation and possible implementation.
The Presidency recently directed the Inspector General of Police to establish Community Policing programmes nationwide, what do you think is the implication of this on the wider concern of police reforms?
Yes, a couple of us are preparing a memo to the Presidency. The Presidential directive on Community Policing, is based on an erroneous assumption that somehow Community Policing will solve policing problems in Nigeria. Community policing is not a program. It is a value system. One which the primary organisational goal, is working cooperatively with individual citizens, groups of citizens, and both public and private organisations to identify and resolve issues, which potentially affect the livability of communities
Community policing, is perhaps the most misunderstood and frequently abused theme in police management in Nigeria. Before now, it has become fashionable for the Police State commands to initiate community policing, often with little notion of what that phrase means. Indeed, all manner of organisational tinkering has been labeled community policing.
What I am saying in essence is that, enabling community policing is not as simple as issuing a directive to that effect. Community policing may inevitably happen at the end of a constructive discussion between the police and citizens on a number of areas like professionalism; the requirement of strict legality; internal and external accountability; transparency; and a relationship of trust with the public. Public trust is at the heart of community policing. The police must first earn this trust.
But the IGP appears to think that funding is the only problem of the police judging by the priority the Police hierarchy has attached to the Police Trust Fund Bill in the National Assembly.
Well with due respect to his person, he is mistaken. The number one problem facing the police, is public perception. I doubt if money can buy this. Perception of corrup-
"TO BE SURE, THERE IS NOTHING THAT NEEDS TO BE SAID OR WRITTEN ABOUT THE NEEDED REFORMS IN THE JUDICIARY, THAT HAS NOT BEEN THE SUBJECT OF MULTIPLE COMMITTEES AND CONSTITUTIONAL CONFERENCES"