THE judiciary is not relaxing the efforts to restore its
pride, the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen,
has said.
Backlog of cases, delayed proceedings and corruption allegations
agaisnt officers are some of the stains the institution has been
battling to remove.
Unfolding 13 reforms designed to sanitise the judiciary and rid
it of corruption, the CJN said he must henceforth approve all
overseas’ trips by judges.
The CJN, who spoke yesterday at the “Dialogue of organs of
government on campaign against corruption and reform of the justice
sector at the Presidential Villa in, Abuja, said all travels
outside Nigeria by judges will now be with his permission after an
application would have been made.
The forum was organised by the Prof Itse Sagay-led Presidential
Advisory Committee Against Corruption (PACAC).
Onnoghen also directed the court at any level to award punitive
cost for frivolous litigation or delays caused by counsel.
In the reforms, judges are now all to go to work and sit in
their courts from Monday to Friday from 9am to at least 4pm.
He listed the reforms in an address read by the President of the
Court of Appeal, Justice Zainab Bulkachuwa.
Onnoghen said: “In the recent past, the judiciary has been
accused of corruption along with the allegation that when
complaints of corrupt practices and unprofessional conducts are
brought before the National Judicial Council (NJC), the Council
shields or delays investigating the allegations so levelled against
judicial officers.
“Without considering the merit or otherwise of the criticisms,
it goes without saying that the judiciary, like every other human
institution, needs a rejigging every now and then to improve the
functionality of the institution towards a speedy delivery of
justice.
“I have recently authorised the issuance of a set of reforms
which ultimate objective is the speedy and transparent delivery of
justice.
“The delay in our justice delivery system is of great concern to
me. This unacceptable situation inevitably dictates the need for a
thorough and comprehensive reform of our justice sector to ensure
access to justice at affordable costs and within a reasonable
time
“Such a reform agenda must of necessity require the cooperation
of the three arms of government, namely; the Executive, the
Legislature, and the Judiciary, as well as other relevant
stakeholders
“The reforms I have introduced cover a wide range of issues;
from establishing new modalities for appointment of judicial
officers, to tightening judicial discipline regulations, and
fashioning out a speedy way to clear backlog of cases, among
others.
“Clearly, any unnecessary delay of justice is equally an act of
corruption. Therefore, to enhance speedy dispensation of justice,
we are ensuring that the Rules of Court Procedure must contain a
provision for the award of punitive cost by the court for frivolous
litigation or delays caused by counsel.
“In the same vein, I am reviving and strengthening the
Inspectorate Division to go round the country and ensure that, in
line with Public Service Rules, all judicial officers go to work
and sit in their courts from Monday to Friday from 9am to at least
4pm.
“And, in line with the NJC’s Revised Code of Conduct for
Judicial Officers, I have directed that travels outside Nigeria
should be with the permission of the Hon. Chief Justice of Nigeria,
after an application would have been made.
“For enhanced performance, all Judges of Lower Courts in the
country have been directed to submit Returns of Cases quarterly to
the Federal Judicial Service Commission (FJSC) for assessment as it
is done by the National Judicial Council (NJC) in respect of
serving Judicial Officers of Superior Courts of Record.
“The area of appointment, all judges of lower courts and other
public officers such as chief registrars and secretaries, among
others, are henceforth required to write examinations and be
interviewed, in addition to submission of copies of their judgments
to the NJC when they are to be considered for judicial
appointment.
“For members of the Bar who seek judicial appointments, the
President of the Nigerian Bar Association (NBA) will, in addition
to the requirements in the NJC Guidelines on Appointment of
Judicial Officers, assist the NJC with a separate assessment report
on all NBA candidates being considered for judicial
appointment.
“In the area of discipline, members appointed to serve in any
fact-finding committee will henceforth be expected to complete
their investigation and report their reports within 21 days.
“And, considering the increasing number of petitions written
against judicial officers, we will constitute more committees to
investigate the allegations therein.
“We have a lot more in our agenda to strengthen and reposition
the judiciary, but suffice it to say that fighting corruption is
not the responsibility of any particular arm of government but that
of every citizen of Nigeria.
“Corruption or any other form of injustice, for that matter,
thrives in a culture of impunity. To carry out a successful
campaign against corruption, we have to fight the culture of
impunity which is an attitudinal phenomenon. If we allow the rule
of law to reign, then there will be a dramatic reduction in
corruption and injustice.
“Corruption starts with a decision by an individual or a group
of individuals to do the wrong thing. It is as simple as that.
Corruption is never an accidental act. The person who commits a
corrupt act has an option to do the right thing.
“As a democracy, Nigeria is guided by the Rule of Law where the
Constitution is the ground norm. It is pertinent to mention that
there is no ambiguity concerning the role of the judiciary in our
Constitution. It is an arbiter between parties. The core issue in
the mind of an arbiter is for justice to be done and seen to be
done.
“Corruption in the judicial arm of government happens if an
arbiter, in this case a magistrate, a judge, a justice or a panel,
having heard from all parties and having determined where justice
lies, decides to do the wrong thing by giving judgment to favour a
particular individual or party over another.
“On the part of the judiciary, the NJC under my watch has
constituted the Corruption and Financial Crimes Cases Trial
Monitoring Committee (COTRIMCO) under the chairmanship of Hon. Mr.
Justice Suleiman Galadima, CFR, JSC (rtd), to serve as a check on
the excesses of some bad eggs in the Judiciary. I am confident that
in due course of time; our efforts to rid the Judiciary of
questionable persons shall yield results.
“To match words with action, we did not just set up COTRIMCO but
we have devoted a 20 per cent of our already lean budget in the
Judiciary to the committee to ensure their mandate is effectively
executed.
“I have also issued a directive to all heads of courts to
designate some courts in their jurisdictions as Special Courts to
handle corruption cases. This is a step in the right direction as
lingering corruption cases will be expeditiously dispensed
with.”
He reminded Nigerians that their collective efforts would be
required to tackle the monster called corruption.
Onnoghen said: “Every individual must resolve to do the right
thing, at the right time and without compulsion if we are
determined to fight the scourge of corruption to a successful
finish.
“Whatever solutions the experts will proffer at the end of this
dialogue, let me add this, establishing a reward system in all
strata of our society to encourage the good in us, will go a long
way to encourage the values of honesty, hard work and
integrity.
“More importantly, we must, as a nation, humble ourselves in
prayer, turn from our evil ways and find our way back to God.”
The Chairman of the Senate Committee on Anti-Corruption,
Chukwuka Utazi, said: “There is too much lip service to the fight
against corruption. We need to do more to strengthen our
anti-corruption agencies to discharge their duties to all whether
you are in the ruling or opposition party.”
On his part, Justice A.D. Yahaya of the Court of Appeal said:
“If PACAC was not there, Nigeria would have been at the worst end
in corruption.
“We keep talking about corruption. It is so endemic and it is
alarming. The problem is the indiscipline with us. I am sorry for
this country; I do not see any light at the end of the tunnel
unless we face the campaign against corruption, the way it should
be faced.”
The Reforms
* Establishing new modalities for appointment of judicial
officers
* Tightening judicial discipline regulations
* Fashioning out a speedy way to clear backlog of cases
* Speedy and transparent delivery of justice.
* Rules of Court Procedure now to contain provision for the award
of punitive cost by the Court for frivolous litigation or
delays
* Reviving and strengthening the Inspectorate Division to ensure
judicial officers go to work and sit in their courts from Monday to
Friday from 9am to at least 4pm.
* President of the Nigerian Bar Association (NBA) to assist the NJC
with a separate assessment report on all NBA candidates being
considered for judicial appointment.
* All Judges of Lower Courts and other public officers such as
Chief Registrars and Secretaries, among others, are henceforth
required to write examinations before being appointed
* To constitute more committees to investigate allegations against
judges
* All Heads of Courts to designate some courts in their
jurisdictions as Special Courts to handle corruption cases
* 20% of Judiciary Budget to be devoted to Corruption and Financial
Crimes Cases Trial Monitoring Committee (COTRIMCO)
* All travels outside Nigeria by judges will now be with the
permission of the CJN after an application would have been
made.
* All Judges of Lower Courts in the country have been directed to
submit Returns of Cases quarterly to the Federal Judicial Service
Commission (FJSC)
THE judiciary is not relaxing the efforts to restore its
pride, the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen,
has said.
Backlog of cases, delayed proceedings and corruption allegations
agaisnt officers are some of the stains the institution has been
battling to remove.
Unfolding 13 reforms designed to sanitise the judiciary and rid
it of corruption, the CJN said he must henceforth approve all
overseas’ trips by judges.
The CJN, who spoke yesterday at the “Dialogue of organs of
government on campaign against corruption and reform of the justice
sector at the Presidential Villa in, Abuja, said all travels
outside Nigeria by judges will now be with his permission after an
application would have been made.
The forum was organised by the Prof Itse Sagay-led Presidential
Advisory Committee Against Corruption (PACAC).
Onnoghen also directed the court at any level to award punitive
cost for frivolous litigation or delays caused by counsel.
In the reforms, judges are now all to go to work and sit in
their courts from Monday to Friday from 9am to at least 4pm.
He listed the reforms in an address read by the President of the
Court of Appeal, Justice Zainab Bulkachuwa.
Onnoghen said: “In the recent past, the judiciary has been
accused of corruption along with the allegation that when
complaints of corrupt practices and unprofessional conducts are
brought before the National Judicial Council (NJC), the Council
shields or delays investigating the allegations so levelled against
judicial officers.
“Without considering the merit or otherwise of the criticisms,
it goes without saying that the judiciary, like every other human
institution, needs a rejigging every now and then to improve the
functionality of the institution towards a speedy delivery of
justice.
“I have recently authorised the issuance of a set of reforms
which ultimate objective is the speedy and transparent delivery of
justice.
“The delay in our justice delivery system is of great concern to
me. This unacceptable situation inevitably dictates the need for a
thorough and comprehensive reform of our justice sector to ensure
access to justice at affordable costs and within a reasonable
time
“Such a reform agenda must of necessity require the cooperation
of the three arms of government, namely; the Executive, the
Legislature, and the Judiciary, as well as other relevant
stakeholders
“The reforms I have introduced cover a wide range of issues;
from establishing new modalities for appointment of judicial
officers, to tightening judicial discipline regulations, and
fashioning out a speedy way to clear backlog of cases, among
others.
“Clearly, any unnecessary delay of justice is equally an act of
corruption. Therefore, to enhance speedy dispensation of justice,
we are ensuring that the Rules of Court Procedure must contain a
provision for the award of punitive cost by the court for frivolous
litigation or delays caused by counsel.
“In the same vein, I am reviving and strengthening the
Inspectorate Division to go round the country and ensure that, in
line with Public Service Rules, all judicial officers go to work
and sit in their courts from Monday to Friday from 9am to at least
4pm.
“And, in line with the NJC’s Revised Code of Conduct for
Judicial Officers, I have directed that travels outside Nigeria
should be with the permission of the Hon. Chief Justice of Nigeria,
after an application would have been made.
“For enhanced performance, all Judges of Lower Courts in the
country have been directed to submit Returns of Cases quarterly to
the Federal Judicial Service Commission (FJSC) for assessment as it
is done by the National Judicial Council (NJC) in respect of
serving Judicial Officers of Superior Courts of Record.
“The area of appointment, all judges of lower courts and other
public officers such as chief registrars and secretaries, among
others, are henceforth required to write examinations and be
interviewed, in addition to submission of copies of their judgments
to the NJC when they are to be considered for judicial
appointment.
“For members of the Bar who seek judicial appointments, the
President of the Nigerian Bar Association (NBA) will, in addition
to the requirements in the NJC Guidelines on Appointment of
Judicial Officers, assist the NJC with a separate assessment report
on all NBA candidates being considered for judicial
appointment.
“In the area of discipline, members appointed to serve in any
fact-finding committee will henceforth be expected to complete
their investigation and report their reports within 21 days.
“And, considering the increasing number of petitions written
against judicial officers, we will constitute more committees to
investigate the allegations therein.
“We have a lot more in our agenda to strengthen and reposition
the judiciary, but suffice it to say that fighting corruption is
not the responsibility of any particular arm of government but that
of every citizen of Nigeria.
“Corruption or any other form of injustice, for that matter,
thrives in a culture of impunity. To carry out a successful
campaign against corruption, we have to fight the culture of
impunity which is an attitudinal phenomenon. If we allow the rule
of law to reign, then there will be a dramatic reduction in
corruption and injustice.
“Corruption starts with a decision by an individual or a group
of individuals to do the wrong thing. It is as simple as that.
Corruption is never an accidental act. The person who commits a
corrupt act has an option to do the right thing.
“As a democracy, Nigeria is guided by the Rule of Law where the
Constitution is the ground norm. It is pertinent to mention that
there is no ambiguity concerning the role of the judiciary in our
Constitution. It is an arbiter between parties. The core issue in
the mind of an arbiter is for justice to be done and seen to be
done.
“Corruption in the judicial arm of government happens if an
arbiter, in this case a magistrate, a judge, a justice or a panel,
having heard from all parties and having determined where justice
lies, decides to do the wrong thing by giving judgment to favour a
particular individual or party over another.
“On the part of the judiciary, the NJC under my watch has
constituted the Corruption and Financial Crimes Cases Trial
Monitoring Committee (COTRIMCO) under the chairmanship of Hon. Mr.
Justice Suleiman Galadima, CFR, JSC (rtd), to serve as a check on
the excesses of some bad eggs in the Judiciary. I am confident that
in due course of time; our efforts to rid the Judiciary of
questionable persons shall yield results.
“To match words with action, we did not just set up COTRIMCO but
we have devoted a 20 per cent of our already lean budget in the
Judiciary to the committee to ensure their mandate is effectively
executed.
“I have also issued a directive to all heads of courts to
designate some courts in their jurisdictions as Special Courts to
handle corruption cases. This is a step in the right direction as
lingering corruption cases will be expeditiously dispensed
with.”
He reminded Nigerians that their collective efforts would be
required to tackle the monster called corruption.
Onnoghen said: “Every individual must resolve to do the right
thing, at the right time and without compulsion if we are
determined to fight the scourge of corruption to a successful
finish.
“Whatever solutions the experts will proffer at the end of this
dialogue, let me add this, establishing a reward system in all
strata of our society to encourage the good in us, will go a long
way to encourage the values of honesty, hard work and
integrity.
“More importantly, we must, as a nation, humble ourselves in
prayer, turn from our evil ways and find our way back to God.”
The Chairman of the Senate Committee on Anti-Corruption,
Chukwuka Utazi, said: “There is too much lip service to the fight
against corruption. We need to do more to strengthen our
anti-corruption agencies to discharge their duties to all whether
you are in the ruling or opposition party.”
On his part, Justice A.D. Yahaya of the Court of Appeal said:
“If PACAC was not there, Nigeria would have been at the worst end
in corruption.
“We keep talking about corruption. It is so endemic and it is
alarming. The problem is the indiscipline with us. I am sorry for
this country; I do not see any light at the end of the tunnel
unless we face the campaign against corruption, the way it should
be faced.”
The Reforms
* Establishing new modalities for appointment of judicial
officers
* Tightening judicial discipline regulations
* Fashioning out a speedy way to clear backlog of cases
* Speedy and transparent delivery of justice.
* Rules of Court Procedure now to contain provision for the award
of punitive cost by the Court for frivolous litigation or
delays
* Reviving and strengthening the Inspectorate Division to ensure
judicial officers go to work and sit in their courts from Monday to
Friday from 9am to at least 4pm.
* President of the Nigerian Bar Association (NBA) to assist the NJC
with a separate assessment report on all NBA candidates being
considered for judicial appointment.
* All Judges of Lower Courts and other public officers such as
Chief Registrars and Secretaries, among others, are henceforth
required to write examinations before being appointed
* To constitute more committees to investigate allegations against
judges
* All Heads of Courts to designate some courts in their
jurisdictions as Special Courts to handle corruption cases
* 20% of Judiciary Budget to be devoted to Corruption and Financial
Crimes Cases Trial Monitoring Committee (COTRIMCO)
* All travels outside Nigeria by judges will now be with the
permission of the CJN after an application would have been
made.
* All Judges of Lower Courts in the country have been directed to
submit Returns of Cases quarterly to the Federal Judicial Service
Commission (FJSC)
Read more https://nairalaw.com/corruption-cjn-unfolds-13-reforms-as-judges-get-travel-guide/