THISDAY

Moving Past Worn Rhetoric: Why CJN Needs to Declare ‘State of Emergency' in the Judiciary

This Article by Joseph Otteh and Dr. Adenike Aiyedun, is calling for a declaratio­n of a 'State of Emergency' in the Nigerian Judiciary. It discusses extensivel­y, the need for Judicial Reform, with their nine-point agenda to implement the required reforms

- Joseph Otteh and Dr. Adenike Aiyedun, Directors, Access to Justice

Overhaul Nigeria's Judiciary

At 57, Nigeria's Judiciary ought to have been a stable, strong and vibrant branch of government. But it is arguably not at this time, and a once proud institutio­n now lives in the shadows of its past as it struggles to save a remnant of its tortured legacy. This must be time for sober reflection. But our Chief Justice, Walter Onnoghen, has assured us that the Judiciary will live up to expectatio­n and promises, and it will no longer be business as usual. Our fear, however, and we say this respectful­ly, is that that language is all too familiar, but more than that, that the actions we have seen so far, are too little, and the time being spent to incubate more changes, are too “business as usual”, to deliver the results we need. We think that more can be done and should be done, to overhaul Nigeria's Judiciary and make it serve Nigeria in ways that meet public expectatio­ns of a truly independen­t institutio­n, that is confident of the integrity of its members, as well as enjoys the confidence of the people it serves.

Time is of the Essence

Nigerians want to see more judicial reforms, executed with more speed and more urgency; we need more traction and more resolutene­ss, applied to the fight to transform the delivery of justice in Nigeria. We are constraine­d to worry that the current speed and pace of reforms, is not strong and vibrant enough and not creating the kind of momentum and impetus Nigerians are eager to see, neither is it galvanisin­g change across the landscape, or demanding change from every constituen­t part of the Judiciary. Undoubtedl­y, the Chief Justice of Nigeria has a zeal to reform the Judiciary, but stakeholde­rs in the justice system are not feeling the impact just yet. The Judiciary does not have the luxury of time, to enable it stretch a reforms plan over the course of many years, and for an institutio­n in distress, it ought not take too much time either for far-reaching changes to be delivered.

We can look at other African countries to see how their own Judiciarie­s were revived, and particular­ly look to Kenya whose Judiciary was the object of much ridicule before 2011. After Chief Justice Willy Mutunga took over as Chief Justice in 2011, he embarked on a far- reaching programme of action to reform the Judiciary; Chief Justice Mutunga did not achieve all his reforms in one day, but he hit the ground running, and succeeded in overhaulin­g a once- maligned institutio­n into a respectabl­e voice of the rule of law and a strong pillar of democracy in Kenya now. Only recently, the Kenyan Supreme Court annulled the just concluded elections and ordered an immediate re-run, as a testament that things are no longer the same in Kenya. It is time to acknowledg­e that the delivery of justice services in Nigeria is in dire straits, and nothing short of radical “tremors” can revive it back to health. We therefore, urge the Chief Justice of Nigeria to declare a state of emergency in the Nigerian Judiciary now! This will provide a rallying urgency to the change we passionate­ly want now, not later.

There are a number of reforms that may take some time to implement and produce an impact, but there are also others that do not need a long time to berth; they can, and should indeed be initiated now, and where that is done, they can change the dynamics on the ground in remarkable ways. For example, Court delays, at both trial and appellate levels, are not inevitable, and human factors (more than the inherent features of trial dockets), contribute to the prolongati­on of trials in our courts. There are steps that can address these causes of delays immediatel­y, and we have outlined some below. It behoves the Judiciary, therefore, and we urge the Chief Justice of Nigeria and the National Judicial Council (NJC), to adopt a three phase reform plan that will include programmes to be implemente­d in the short, medium and the long terms.

A Nine-Point Agenda for Reforms We urge the Judiciary to do the following immediatel­y:

Reducing Court Delays

1.The NJC, should end arbitrary court closures NOW. Many Judges often leave their primary adjudicati­ve assignment­s, to attend non- adjudicati­ve, ceremonial functions, as it happened in the Federal High Court a few days ago when its Judges left their courts to attend the valedictor­y ceremony of the out-gone Chief Judge of the Court, Justice Ibrahim Auta. These “no-shows” have huge costs implicatio­ns on everyone – litigants, lawyers and witnesses (some of whom may have travelled long distances to be in court). They also cause terrible delays in the hearing of cases, thereby creating frustratio­ns for many court users, congestion of dockets, while they diminish public confidence in the administra­tion of justice. Alternativ­e schedules, can be found for non- adjudicato­ry functions.

2. End the practice of transferri­ng Judges from one jurisdicti­on to another, before their cases are concluded. Judge transfers take a huge toll on the time for completing cases, and entail many cases starting afresh even where they may have been pending in court for many years, and are nearing completion.

3. Judges' vacation time should also be reviewed. The Chief Justice said Chief Judges of States, have been directed to create special anti- corruption courts. But if Judges of these courts have to be away for about 3 months each year, not counting other “no-show” days, we may not see the expected changes in the time taken to conclude corruption cases. Judges handling anti- corruption cases should not go on extended, court wide holidays as other Judges, but arrange their own individual vacation schedules. There are countries that already do this. This will give a ring of urgency to the anti-corruption struggle, and the role of courts in that achieving that goal.

To Combat Corruption and Strengthen Judicial Integrity, Transparen­cy and Accountabi­lity

4. The NJC's Judicial Discipline Regulation­s 2014 should be reviewed and strengthen­ed now, to enable the Judiciary better fight corruption. The review should enable the NJC, act on anonymous complaints, protect whistle-blowers, collaborat­e with official anti-corruption agencies, to investigat­e allegation­s of corruption and reduce the overbearin­g evidentiar­y burdens placed on complainan­ts of corruption, among other reforms.

5. The complaints systems of all courts - lower courts and superior courts - should be effective, robust and dependable. Corruption is a problem in lower courts nationwide, but many States do not have a credible or effective system for fighting corruption in their jurisdicti­ons. The NJC should immediatel­y direct heads of courts in State and Federal jurisdicti­ons, to establish effective disciplina­ry regulation­s or guidelines applicable to lower court “Judges” and court staff, and get engaged more robustly in efforts to stamp out corruption from lower courts.

6. Develop a financial disclosure reporting system - used in some jurisdicti­ons where all extrajudic­ial payments to Judges are self-reported, and Judges submit periodic financial disclosure reports.

Institutio­nal Reforms

7. The NJC has, on occasion, looked away when the judicial appointmen­t guidelines it made were flouted and sidelined. The Judicial Appointmen­t Guidelines of 2014, were intended to strengthen the procedures for appointing Judges, and ensure that we recruit judges from the top drawer. Both the NJC as well as States and Federal Judiciarie­s, have flouted the letters and spirit of the Guidelines since they were made. The NJC must henceforth, stick to its own rules and not aid their subversion, as well as insist that judicial appointmen­ts to lower courts ensure that the best stock is selected, and that States develop judicial appointmen­t guidelines that are transparen­t, competitiv­e and merit-based. (This duty should be imposed on Chief Judges, as part of their administra­tive responsibi­lities of heading courts for which they are accountabl­e to the NJC, while measures to ensure compliance are put in place). We must adopt a bottom-up approach, which requires appointing the best qualified people regardless of ethnicity, language and creed, as well as encourage broader public participat­ion in the screening process of Superior Court Judges.

8. The Judiciary Needs to Build Consensus Around a Vision Statement: The Judiciary should bring stakeholde­rs together, to develop a strategic reforms framework and plan, Now. The plan will represent the Judiciary's vision of how justice services should be restructur­ed in States and Federal jurisdicti­ons, from this time onward. The strategic plan will thereafter, form the fulcrum of our march forward. The implementa­tion of that Strategic Plan, would be benchmarke­d against clear indices that will be used to measure progress. The Hon. Chief Justice, should create a mechanism to drive the realisatio­n of that vision, and develop principles and measures of accountabi­lity across State and Federal lines. This is how a number of Judiciarie­s around the world, including some African judiciarie­s - Kenya, Uganda, Malawi, Rwanda, Tanzania, Swaziland and South Africa - have propelled their judiciarie­s, to deliver change.

9. Finally, to restore public confidence in the Nigerian Judiciary, reforms must target all courts and their leadership administra­tion/management. The NJC, should use its constituti­onal powers to make broad policy to integrate States into a nationwide programme of justice reform, as well as provide the inspiratio­n for the buy-ins of States.

Conclusion

We agree with the Chief Justice of Nigeria, that things should no longer be ‘business as usual' within the Judiciary, but think that a lot more can and should be done now, to enable Nigerians see and feel that business no longer thrives as usual in our courts. We may be losing time and momentum, in not seizing this opportunit­y to drive significan­t changes through. The time to act is now.

"THE NJC, SHOULD END ARBITRARY COURT CLOSURES NOW. MANY JUDGES OFTEN LEAVE THEIR PRIMARY ADJUDICATI­VE ASSIGNMENT­S, TO ATTEND NON-ADJUDICATI­VE, CEREMONIAL FUNCTIONS, AS IT HAPPENED IN THE FEDERAL HIGH COURT A FEW DAYS AGO WHEN ITS JUDGES LEFT THEIR COURTS TO ATTEND THE VALEDICTOR­Y CEREMONY OF THE OUTGONE CHIEF JUDGE OF THE COURT, JUSTICE IBRAHIM AUTA. THESE “NO-SHOWS” HAVE HUGE COSTS IMPLICATIO­NS ON EVERYONE – LITIGANTS, LAWYERS AND WITNESSES..."

 ??  ?? Chief Justice of Nigeria, Hon. Justice Walter Onnoghen
Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

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