Reports are rife in the media that the heads of the nation’s
Judiciary had an Iftar dinner to break the Ramadan fast with
President Muhammadu Buhari, in Aso Villa, Abuja.
In his remarks in appreciation of the Ramadhan fast-breaking,
the Acting Chief Justice of the Federation, Justice Ibrahim Tanko
Mohammed, leading retired Chief Justices, some Justices of the
Supreme Court and heads of courts in the Federal Capital Territory,
FCT was said to have assured the nation that judiciary will
continue to do its best in safeguarding the country’s democracy.
He was also reported to have praised President Buhari for
not meddling in the affairs of the courts in the
country.
The foregoing has sparked reactions in the country with some
defending while others pointing accusing fingers on the CJN. The
rationale behind the debate is not far fetched. A judicial officer
or generally speaking, a Justice or Judge of any of our exalted
courts, occupies a very unique and sacred position in the society.
Occupying this position means that a high level of integrity,
honesty and accountability is expected from judicial officer since
he literally sits in judgment over the affairs and interactions of
members of the society. It then means that where a judicial officer
violates or breaches any of the strict codes or standards of his
exalted office, the society through relevant laws and structures
must respond decisively to deal with such breach or violations that
could be described as unbecoming of a holder of such a sacred and
exalted office.
Coming back to the Acting CJN, has he breached any law? The
relevant provisions of the Code of Conduct For Judicial
Officers of the Federal Republic of Nigeria, 2016 is as
follows:
RULE 1
Propriety and the appearance of propriety, both professional and
personal
1.1 Propriety and the appearance of propriety, both
professional and personal, are essential elements of a Judge’s
life. As members of the public expect a high standard of conduct
from a Judge, he or she must, when in doubt about attending an
event or receiving a gift, however small, ask himself or herself
the question- “How might this look in the eyes of the
public?”
1.2 A Judge shall avoid impropriety and the appearance of
impropriety in all of the Judge’s activities both in his
professional and private life.
1.3 A Judicial Officer should respect and comply with the
laws of the land and should conduct himself at all times in a
manner that promotes public confidence in the integrity and
impartiality of the Judiciary.
1.4 The Judge must be sensitive to the need to avoid
contacts that may lead people to speculate that there is a special
relationship between him and someone whom the Judge may be tempted
to favour in some way in the course of his judicial
duties.
1.5 A Judicial Officer must avoid social relationships that
are improper or may give rise to an appearance of impropriety or
that may cast doubt on the ability of a Judicial Officer to decide
cases impartially. (capitalized for emphasis)
The above provisions are self explanatory. They are clear and
unambiguous dispensing with the need for any external aid for
comprehension. It should be noted that Justice Tanko just like any
other Nigerian enjoys fundament rights to personal liberty,
association, expression and movement. The rights are, however, not
absolute. They are subject to certain restrictions as contained in
the above provision in line with section 45 of the constitution.
Therefore as a Judicial Office, he is expected to avoid impropriety
and any appearance of impropriety in all his activities and should
at all times conduct himself in a manner that promotes public
confidence in the integrity and impartiality of the Judiciary.
Consequently, one may have no hesitation in condemning the act of
the CJN in accepting to be at the residence of Mr president for the
iftar dinner. What makes the matter worse is the timing. This is a
critical period when presidential election is pending before the
Court of Appeal. In case there will be appeal from the Court of
Appeal to the Supreme Court, is the CJN himself that would
constitute the panel. Now that he is dining with the litigant (Mr
president), what would be the impression of an ordinary Nigerian
when he constitutes a panel to hear and determine the appeal in
which the litigant before him is a party? The most important thing
is not honesty in his actions, rather, what the perception of the
public would be in the circumstances as well captured in rule 1(1)
of the Code above in the following lines: “… as members of the
public expect a high standard of conduct from a Judge, he or she
must, when in doubt about attending an event or… ask himself or
herself the question- “How might this look in the eyes of the
public?”
There are replete of cases of suspension of judges for failure
to observe the provisions of the Code of Conduct above. Example, a
report by the Premium Times on February 21, 2013, stated that
Justices Charles Archibong of the Federal High Court, Lagos and
Thomas Naron of the Plateau State High Court were suspended by the
NJC for alleged judicial misconduct. Again on February 28, 2014, it
was reported by Ihuoma Chiedozie of the Punch Newspaper that two
Judges were dismissed by the NJC. Justice Gladys Olotu of the Abuja
Federal High Court and Justice U.A Inyang of the Federal Capital
Territory High Court were both suspended for gross misconduct.
In the case of Justice Naron, the NJC found that there were
constant and regular voice calls and exchange of SMS and between
the judge and one of the lead counsels during the Osun Governorship
Election Petitions’ Tribunal that heard the petition of the then
Action Congress (AC) governorship candidate, Rauf Aregbesola
against the then Governor Olagunsoye Oyinlola. Call logs of
Narons’s phone showed that he was in constant communication with
Otunba Kunle Kalejaiye, a Senior Advocate of Nigeria (SAN) and lead
counsel to the then governor, while the judge presided over the
election tribunal that would decide Mr. Oyinlola’s fate. He later
dismissed the petitioner’s claim and affirmed the declaration of
the Independent National Electoral Commission (INEC) that Prince
Oyinlola validly won the 2007 governorship election. Oyinlola was,
however, later sacked by the Court of Appeal which declared his
opponent and incumbent Governor, Rauf Aregbesola, the authentic
winner of the election. The NJC said that Naron’s action was
contrary to the Code of Conduct for Judicial Officers.
However, it is gratifying that in spite of the numerous cases of
dismissal of judges for misconduct, at least there are few ones
that would forever be remembered for boldness and courage in
complying the Code of Conduct. Among them is J.I.C Taylor,
then Chief Justice of Lagos State. Vanguard reported on
19th November, 2016 that the judicial icon had been
invited to a state dinner by the Military Governor of the State-
Brigadier Mobolaji Johnson and the invitation was brought by one of
the Governor’s aides. Justice Taylor, after reading it, endorsed a
brief note to the governor at the back of the invitation card,
informing him that he would be unable to attend, because the Lagos
State government had several cases pending before him and it would
therefore, in the circumstances, be most inappropriate for him to
honour the invitation. That simple, (unprecedented though), act of
judicial boldness and courage, best captures the essence of the
man- as a man among men, and a judicial icon and oracle.
One would have expected Justice Ibrahim Tanko Mohammed to follow
the foot steps of J.I.C Taylor in view of the pending presidential
election petition which, to the knowledge of everyone, is too
sensitive. The ethics and code of conduct require transparency and
accountability in almost every facet of a Judicial Officer’s life.
Conduct in a Judicial capacity as well as in extra-judicial
capacity invariably have bearing on the perception of the Judiciary
as an Institution. Like clergyman, there are many things Judges
must not do either in public or in private which private
individuals can do with aplomb. This is because such conduct
invariably says a lot about the type of individual that has been
entrusted with the task of dispensing justice. That is a task
reserved only for God’s representatives on earth. God himself in
the various religious books ordained the role and office of
‘Judge’.
Nairalaw Editorial
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