From Acting to Substantive CJN – TheNigerialawyer

As Justice Tanko Muhammad becomes the substantive Chief Justice
of Nigeria, Davidson Iriekpen highlights some of the areas
Nigerians desire change in the judiciary

After over six months in acting capacity, Justice Ibrahim Tanko
Muhammad was last Wednesday sworn in as the substantive 18th Chief
Justice of Nigeria (CJN) by President Muhammadu Buhari at the
Presidential Villa, Abuja. The jurist was appointed acting CJN on
January 25, when the then CJN, Justice Walter Onnoghen, was
suspended from office over allegation of failing to declare his
assets.

Following his recommendation by the National Judicial Council
(NJC), President Buhari had on July 11, forwarded to the Senate a
letter requesting his confirmation as substantive CJN.

As CJN, Justice Muhammad will not only serve as Nigeria’s
highest judicial officer but as the Chairman of the NJC, Chairman
of the Federal Judicial Service Commission (FJSC) and Chairman of
Legal Practitioners Privileges Committee (LPPC).

Even though during his confirmation on the floor of the Senate,
he had displayed what many described as gross incompetence and
ignorance in the discharge of the functions of his new office with
his inability to explain what ‘technicality’ means in law. And so,
he has to prove beyond reasonable doubt that he really has the
capacity to discharge the onerous responsibility placed on his
shoulder by virtue of his new position.

Sixty-six years old Muhammad, who has till 2023 to retire from
service (an equivalence of the first four years a governor spends
in office), is coming to the position at a time the judiciary is
facing a huge challenge. Not only has the administration of
President Buhari shown so much disdain for the judiciary, court
orders are not being obeyed and judges live perpetually in fear of
harassment and intimidation, having previously raided the homes of
eight of them.

Considering the circumstances surrounding his emergence as the
CJN, many observers are wondering if Justice Muhammad would have
the courage to defend the judiciary as an independent arm of
government from any threat by the executive arm of government.

Having been a magistrate, high court judge, Appeal Court judge
and justice of the Supreme Court since 2007, it is believed that
Justice Muhammad has seen the good, the bad and the ugly in the
judiciary. This is why many analysts feel that with the opportunity
he has now and despite fumbling at his screening, he needs to fix
or correct those things he did not have the opportunity to in years
past.

Observers believe that having been on the bench for more than 30
years and the Supreme Court for 12 years now, he should have known
the areas that need urgent reform for the judiciary to move
forward, and ultimately leave a lasting legacy.

The first challenge Nigerians would want Justice Muhammad to
address is the delays in the adjudicatory process in order to
decongest the court. They want matters to be speedily and promptly
disposed of in the interest of justice.

For instance, apart from political matters that are hurriedly
dispensed in courts in Nigeria, other cases take between 15 and 20
years to go from the High Court to the Supreme Court. Observers
believe that one way to overcome this challenge is to discourage
the filing of frivolous applications and unnecessary appeals.

Another area, where lawyers want the new CJN to carefully look
into, is the attitude of some of the judges presiding over cases.
While some judges deliberately absent themselves from courts
without excuses or prior notification, others are in the habit of
coming late to court. There have been instances, where counsel and
litigants come from far places and early enough only to find out
that the court did sit. Most times, there are usually no reasons
given.

Another area many analysts want Justice Muhammad to address is
the problem of corruption and the growing culture of impunity that
had over time destroyed the hallowed temple of justice. Though most
times, allegations of corruption and inducement are hard to prove;
they can be seen either in the judgments delivered or the way the
case was handled.

This is why the analysts are calling for a proper investigation
of petition sent to him or any whistle blown in a particular
matter. This, they believe, would go a long way to debunk the
impression many Nigerians have that for as long as an opponent has
money, he or she is very likely to win a case.

Observers also call on the new CJN to address the conflicting
and some times incongruous judgments that often emanate from the
courts. Not only that judges from the courts in different
jurisdictions deliver conflicting and contrary judgments in cases
that are similar in nature, sometimes they outright overturn the
decisions of the superior courts.

On a few occasions, justices of the apex court have had cause to
upbraid the justices of the Court of Appeal for delivering
judgments that are contradictory and sometimes defy logic and
common-sense on matters that are similar in law and in fact.

To many observers, the greatest task before the CJN would be how
the judiciary handles the disputes arising from 2019 general
election. He and the NJC need to closely monitor activities in the
tribunals. Some judges use their period in election tribunals to
enrich themselves.

At his swearing-in, Justice Muhammadattempted to demonstrate
that during his tenure, corruption would be dealt with head on. He
urged members of the public to write him on corrupt practices
involving judges provided they could prove such allegations. He
noted that the judiciary was not a platform for amassing wealth,
adding that the arm of government is rather noted for acquisition
of fame. He therefore said any judicial officer who wants to live
in opulence should look elsewhere.

He also said the judiciary had been supporting the executive in
the fight against corruption by speeding up the trial of corruption
cases, pointing out that the body would ensure that such
disposition is passed down to lower courts.

He said, “I’m telling you that the judiciary under my watch by
God’s grace, would be better and on issues of all these kinds of
corruption, I will ask you people or any other person, who knows
about it to please write to me or let him have contact with me and
tell me.
“But remember, the thing that is difficult is when we ask you to
substantiate, you will be able to substantiate. Don’t just make a
hollow allegation that ‘we have heard; we have done’. Be sure that
you are quite in possession of your facts. You will be able to
establish when we ask you to establish your allegation and we will
deal with it.

“I’m sure any judge or any Justice, who is in his real sense can
never ask somebody to go and collect money for him, because he
knows that he is being paid by government for what he does. Anybody
who is not satisfied with the job and wants money, the judiciary or
judicial line is not a place for money-making.”

Justice Muhammad also said his wish was to see the judiciary
become one of the best in the world. According to him, judicial
officers in Nigeria are not only well trained but also continue to
go through retraining with a view to enhancing their sense of
ethical compliance. He, however, admitted that the image of the
judiciary in Nigeria is dented as a result of the activities of
middlemen and warned against imbibing such attitude.

Culled from Thisday

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