Expectations from the new Chief Judge of Nigeria

Justice Ibrahim Tanko Mohammed was recently confirmed as the new Chief Justice of the Federation. Kayode Olabanji speaks with lawyers on their expectations from the new CJN. 

Excerpts:

Mr Olaleye Steve Akintububo, a legal practitioner

It is no longer news that Hon. Justice Ibrahim Tanko Mohammed CFR, has been confirmed by the Nigerian Senate as the substantive Chief Justice of Nigeria (CJN).

I am of the humble opinion that the Honourable CJN came to the helms of affairs of the Nigerian Judiciary during its most turbulent period.

It is no gainsaying the fact that the Judiciary in Nigeria in the last three years or thereabout has suffered various degrees of humiliations. These humiliations are either self-imposed or brought about by external forces having seen the vulnerability of the Judiciary in recent times.

In my humble opinion, the topmost agenda for the new CJN is the laundering of the already battered image of the Judiciary.

Bad eggs must be flushed out, lest they contaminate the entire system. When the people can no longer have faith in the Judiciary, then the nation is doomed as this will lead to the engagement of self help which will unleash total anarchy on the society.

There is also this burning issue of courts making different pronouncements on the same legal issue. Efforts should be geared towards harmonising legal principles emanating from our courts, so that there won’t be unnecessary confusion as presently obtained.

This is actually what Senator Abaribe was driving at when he threw a poser at the CJN during his confirmation session at the Senate. Abaribe was worried that at various times, the Supreme Court has stated that technicality should not be used to defeat substantial Justice.

But some recent pronouncements of the Apex Court, particularly the recent case of Oyetola v Adeleke  has undermined the position of the court hitherto obtained relating the issue of technicality viz a viz substantial justice when handling a case.

Finally, it is my humble suggestion that the Supreme Court should overhaul its entire system with a view to dispensing justice timeously. There are some cases pending before the Apex Court for years. This slow manner of dispensing justice dampens the morale of litigants making them lose hope and faith in the system.

The office of the CJN is a hot seat by every standard. But I wish His Lordship, Ibrahim Tanko Muhammed JSC, CFR, a successful tenure even as I pray God will give him the wisdom to steer the ship of the Nigerian Judiciary to a safe harbour.

Mr Tosin Sunday Eye, a legal practitioner.

Taking a cue from the CJN’s address at the Senate during the hearing of his confirmation,  I believe strongly that CJN really has a lot to do  especially in riddling the judiciary of corruption from the least to the top.

 It is almost of common believe in this country that Justice can be bought by the highest bidder. The court, which was known to all and sundry to be the last hope of the common man is,  however, transcending and could be purchased.

This is sad and the situation must change. Corrupt judges must be whittled out of the system to restore it back to its former glory. Even if it is the only thing that the CJN should achieve prior to his retirement, he must sanitize the judiciary and rid it off the bad eggs.

Mr Charles Titiloye, a legal practitioner.

The new CJN, will need to build on the foundation laid by his predecessors in office by ensuring the independence of the Judiciary at all times in all disputes between citizens and government.

The CJN should also compliment the Federal Government anti-corruption war by ensuring that judges presiding over cases comply with code of conduct for Judicial officers and are incorruptible. He should constantly remind his colleagues of the sanctity of the judiciary in the protection of human rights and rule of law. Our court under his watch should continue to be the last hope of the common man.

Equality of all both (rich and poor) before the law should be encouraged in order to instill the confidence of the people in the courts.

Mr Abdulrahman Abdulraheem Gidado, a legal practitioner.

The CJN has, among other agendas to revamp the eroded integrity of judicial officers to that extent that common man lost hope would be guaranteed.

Need to address procedural delay of litigation in cases that ordinarily ought to be given accelerated trials. There should be welfare package of judiciary staff and ensure discipline among rank and file

On the part of National Judicial Commission,(NJC), the body responsible for appointments and discipline of erring officers, the body equally needs to be neutralized by coming up with policies that make its functions more transparent. There is also the need to appoint people with requisite knowledge, experience, integrity and fear of God to this sacred position.  I meant appointment to bench as judge or justice as the case may be.

Our laws are clear as to what are the prerequisites for appointments to the bench.

Mr Kehinde Aladedutire, a legal practitioner?

The new Chief Justice of Nigeria being the head of the judicial arm of the Federal Republic of Nigeria must strive within his limited time in office to ensure that our Courts in all the hierarchy, keep pace with the advancement in justice delivery as in other developed nations of the world.

It is saddening that in our own nation, regular appeals in the Supreme court may take about 10 years before they are heard. Sometimes all the litigants or majority of them are dead before the judgement is given. This is unfortunate and this is because the Supreme court is already overburdened.

The CJN should consolidate on the Electronic filing introduced by his predecessor. He should project more on case law management strategies. This is lacking in most of our Courts.

Retired judges with sound experience and  lawyers who are experts in election petitions should be recruited for election petitions’ cases in place of our regular judges who abandon their cases for six months until after conclusion of petitions.

 It should also be noted that some of these judges are not even experienced in election petitions before they are posted for the assignment. This doesn’t help the system.

The CJN should persuade his colleagues to dwell more on doing substantial justice by looking at cases on their merits, instead of frivolous technicalities deployed to gag the whole essence of justice. Some of the past precedents on technical justice should be revisited when opportunity shows up and definite pronouncement should be made to reverse them.

They make us appear backward and ridiculous to the outside world who have since moved on.