The Chief Justice of Nigeria( CJN ), Walter Onnoghen has asked
judges to be wary of the antics of politicians to avoid being led
into acts capable of ruining their reputation.Onnoghen noted that
as the nation moves closer to its electioneering season,
politicians have become desperate and would do to anything to
attain power.
He said: “Let me remind us that our salvation remains in our
hands; so in the approaching frenzied political activities leading
to the 2019 general elections, let us continue to watch the company
we keep, the people we open our doors to lest we unwittingly open
ourselves to ridicule and embarrassment as the politicians will do
anything not necessarily legal, to have their way including
destroying our hard earned reputation and integrity.
“I therefore say to all of us, be strong, courageous, fair but
firm. Stick to the constitutional provisions, the law and doctrine
of precedents (stare – decisis) and you cannot go wrong.
“Even when you are wrongly accused, as we very much are, be
patient and remain assured that ‘truth crushed to the earth shall
rise again the eternal years of God are hers.
Onnoghen spoke in Abuja Thursday during the opening session of
the Annual Justices of the Court of Appeal Conference.
The CJN, who was silent on their names, said 14 new Justices
have formally been appointed for the Court of Appeal.
Onnoghen preached against corruption on the bench and urged
judge to respect the decisions of the higher courts.
He said: “As you may be aware, the National Judicial Council at
it’s just concluded meeting, approved the elevation of 14 Judges to
the Court of Appeal to fill in vacancies that had existed hitherto
in the Court.
“This will certainly help to reduce the work load for the
Justices of the court, as well as help in your preparations as we
approach election year in our country.
“Your level of preparation, coupled with the determination of
Mr. President, Mohammadu Buhari, GCFR to bequeath to Nigeria a
legacy of credible election process, will guarantee the peace and
stability we all desire.
“The fight against corruption must be holistic. Consequently, we
must address those issues that tend to distract the Judicial
Officer, as well as removing from our midst, undesirable persons of
questionable character.
“It is my firm believes that if we identify and remove them at
the lower courts, the appellate courts would have men of integrity,
which in turn elicits confidence in the litigants who come before
you.
“I urge you to change your attitude towards your obligation to
stare decisis. The benefits are far-reaching and far out-weigh the
few and feeble disadvantages.
“On Judicial precedents as it relates to election and
pre-election matters, I want to remind us that the Supreme Court
has decided in a number of cases that the principles of Judicial
review such as Mandamus, Certiorari, Prohibition etc do not apply
because election and election related matters, such as pre-election
causes are suis generis.
“There is an emerging trend whereby a party in a pre-election or
election matter, after exhausting his remedies sometimes up to the
Supreme Court still pursues a parallel cause of action under the
guise of judicial review hoping that one of such parallel actions
may succeed, thereby making the court to contradict itself
resulting in great embarrassment to the system.
“Much injustice is thereby created particularly in matters that
may not get to the Supreme Court for correction.
“Where, however, the matter gets to the Supreme Court and the
right thing is done, much injustice would have been occasioned by
not following the principles of stare decisis.
“I am saying these because soon the tempo of political
activities will pick up and some lawyers will stop at nothing in
their effort to outsmart the Bench; so be very very careful and as
I have always said, be on top of your game by mastering the
principles of laws and facts relevant to the case or issues
involved in the dispute so as not to allow legal practitioners to
mislead you to the embarrassment of the Judiciary.
“Always be consistent by following the principles of stare
decisis and the law. If you stick to this simple piece of advice,
you will not go wrong in your determinations/decisions,” Onnoghen
said.
The President of the Court of Appeal, Justice Zainab
Bulkachuwa, who also confirmed the appointment of new Justices for
her court, said those appointed were solely on merit.
She said: “I would also like to seize this opportunity to
straighten the fact on the ongoing process of elevation of Judges
to the Court of Appeal.
“It is strictly based on merit with particular preference for
Judges who have distinguished themselves by the quality of their
judgements in the lower courts and to fill in vacancies created by
the death, retirement or elevation to the Supreme Court of our
former justices.”
Bulkachuwa, who spoke about the many innovations to be
introduced into the court’s operations in the New Year, urged
Justices of the court to shun corruption.
She said: “Sometimes back, the Judiciary came under heavy
attacks on allegation of corrupt practices.
“As judicial officers, it is not enough to simply talk about
corrupt practices but one must believe in the fight against
corruption and we must work at it together.
“I therefore, urge us all to eschew corruption and uphold best
practices that will rekindle and bring back trust to the judicial
arm of government.
“Let’s not ask how corruption can be tackled; our main focus
should be on what we can do as individuals, or collectively as a
body to address this plague,” Bulkachuwa said.
The Chief Justice of Nigeria( CJN ), Walter Onnoghen has asked
judges to be wary of the antics of politicians to avoid being led
into acts capable of ruining their reputation.Onnoghen noted that as the nation moves closer
to its electioneering season, politicians have become desperate and
would do to anything to attain power.
He said: “Let me remind us that our salvation remains in our
hands; so in the approaching frenzied political activities leading
to the 2019 general elections, let us continue to watch the company
we keep, the people we open our doors to lest we unwittingly open
ourselves to ridicule and embarrassment as the politicians will do
anything not necessarily legal, to have their way including
destroying our hard earned reputation and integrity.
“I therefore say to all of us, be strong, courageous, fair but
firm. Stick to the constitutional provisions, the law and doctrine
of precedents (stare – decisis) and you cannot go wrong.
“Even when you are wrongly accused, as we very much are, be
patient and remain assured that ‘truth crushed to the earth shall
rise again the eternal years of God are hers.
Onnoghen spoke in Abuja Thursday during the opening session of
the Annual Justices of the Court of Appeal Conference.
The CJN, who was silent on their names, said 14 new Justices
have formally been appointed for the Court of Appeal.
Onnoghen preached against corruption on the bench and urged
judge to respect the decisions of the higher courts.
He said: “As you may be aware, the National Judicial Council at
it’s just concluded meeting, approved the elevation of 14 Judges to
the Court of Appeal to fill in vacancies that had existed hitherto
in the Court.
“This will certainly help to reduce the work load for the
Justices of the court, as well as help in your preparations as we
approach election year in our country.
“Your level of preparation, coupled with the determination of
Mr. President, Mohammadu Buhari, GCFR to bequeath to Nigeria a
legacy of credible election process, will guarantee the peace and
stability we all desire.
“The fight against corruption must be holistic. Consequently, we
must address those issues that tend to distract the Judicial
Officer, as well as removing from our midst, undesirable persons of
questionable character.
“It is my firm believes that if we identify and remove them at
the lower courts, the appellate courts would have men of integrity,
which in turn elicits confidence in the litigants who come before
you.
“I urge you to change your attitude towards your obligation to
stare decisis. The benefits are far-reaching and far out-weigh the
few and feeble disadvantages.
“On Judicial precedents as it relates to election and
pre-election matters, I want to remind us that the Supreme Court
has decided in a number of cases that the principles of Judicial
review such as Mandamus, Certiorari, Prohibition etc do not apply
because election and election related matters, such as pre-election
causes are suis generis.
“There is an emerging trend whereby a party in a pre-election or
election matter, after exhausting his remedies sometimes up to the
Supreme Court still pursues a parallel cause of action under the
guise of judicial review hoping that one of such parallel actions
may succeed, thereby making the court to contradict itself
resulting in great embarrassment to the system.
“Much injustice is thereby created particularly in matters that
may not get to the Supreme Court for correction.
“Where, however, the matter gets to the Supreme Court and the
right thing is done, much injustice would have been occasioned by
not following the principles of stare decisis.
“I am saying these because soon the tempo of political
activities will pick up and some lawyers will stop at nothing in
their effort to outsmart the Bench; so be very very careful and as
I have always said, be on top of your game by mastering the
principles of laws and facts relevant to the case or issues
involved in the dispute so as not to allow legal practitioners to
mislead you to the embarrassment of the Judiciary.
“Always be consistent by following the principles of stare
decisis and the law. If you stick to this simple piece of advice,
you will not go wrong in your determinations/decisions,” Onnoghen
said.
The President of the Court of Appeal, Justice Zainab
Bulkachuwa, who also confirmed the appointment of new Justices for
her court, said those appointed were solely on merit.
She said: “I would also like to seize this opportunity to
straighten the fact on the ongoing process of elevation of Judges
to the Court of Appeal.
“It is strictly based on merit with particular preference for
Judges who have distinguished themselves by the quality of their
judgements in the lower courts and to fill in vacancies created by
the death, retirement or elevation to the Supreme Court of our
former justices.”
Bulkachuwa, who spoke about the many innovations to be
introduced into the court’s operations in the New Year, urged
Justices of the court to shun corruption.
She said: “Sometimes back, the Judiciary came under heavy
attacks on allegation of corrupt practices.
“As judicial officers, it is not enough to simply talk about
corrupt practices but one must believe in the fight against
corruption and we must work at it together.
“I therefore, urge us all to eschew corruption and uphold best
practices that will rekindle and bring back trust to the judicial
arm of government.
“Let’s not ask how corruption can be tackled; our main focus
should be on what we can do as individuals, or collectively as a
body to address this plague,” Bulkachuwa said.
Read more https://nairalaw.com/cjn-urges-judges-to-be-wary-of-politicians-antics/