The newly confirmed Chief Justice of Nigeria, Justice Ibrahim
Tanko Muhammad, raised vital issues affecting the judiciary at his
confirmation hearing before the Senate last Wednesday. He succeeded
in outlining some of the tasks before him as he takes over as the
head of the nation’sjudiciary.
At the confirmation hearing, Justice Muhammad harped on the
problem of corruption in the judiciary. He said, “I always say that
the Nigerian judiciary is part and parcel of Nigeria.Therefore, I
am not surprised if I see some justices are corrupt. But such
judges who are corrupt should be identified and prosecuted under
our laws. Now, the most worrisome of this trend is at the lower ebb
of our judiciary. For those of us who know the Area Courts and
Magistrate Courts, this is where the real problem arises.”
Though the newly sworn-in CJN argued that the lower courts are
most guilty of corrupt practices, many Nigerians have the
impression that the judiciary as a whole need to the cleansed. For
instance, the immediate past CJN Walter Onnoghen resigned from the
top job under circumstances related to alleged acts of corruption.
In this dispensation, several judges faced prosecution over alleged
corrupt practices. If Justice Mohammed considers the fight against
corruption as one of his cardinal objectives, such fight should be
holistic, not restricted to lower courts.
In the same vein, the judiciary is perceived as a clog in the
wheel of justice in high profile cases relating to corruption.
Anti-corruption agencies, especially the Economic and Financial
Crimes Commission (EFCC) and the Independent Corrupt Practices and
Other Related Offences Commission (ICPC) have complained that cases
involving politically-exposed persons are unnecessarily delayed in
courts.
While petty thieves and common criminals are quickly sentenced
to years of imprisonment, cases involving former governors,
ministers and directors-general of government agencies, who
illegally helped themselves with public funds, linger on for
decades, some on account of technicalities. If this country must
succeed in the fight against corruption, Justice Tanko should
devise means to rein in the judiciary in the all-important
fight.
It is also important for the National Judicial Commission [NJC]
to be decisive in handling allegations of corruption against
judicial officers. On many occasions, when cases are taken before
NJC, they are handled in a neither-cold-nor-hot style, giving the
public the impression that the judiciary is reluctant to ensure
justice when one of their own is found wanting. This attitude has
to change. Investigations into allegations against any judicial
officer should be carried out with dispatch, and justice must be
seen to have been done without fear or favour. It is due to the
supposed reluctance of NJC to take steps against judicial officers
that the executive has clamped down of judges in recent times.
There is need to ensure the independence of the judiciary at
every level. Justice Tanko alluded to this when he appeared before
the Senate. He said, “What is keeping the judiciary aback is the
lack of autonomy. We are not asking for anything more than what is
provided in the budget. Believe me, if you go to some states you
will find out that the judiciary is refused even the normal monthly
grant. The Federation will allocate something to you through the
Ministry or department, but things are not as they used to be.
It is, therefore, I think, the duty, the responsibility of the
legislature at the national level and at the state level to see
that we touch these places so that you close all the ends where
people may get corrupted.”
The legislature should support the judiciary in its quest to be
truly independent, especially from executive meddling and financial
strangulation.As long as judicial officers go cap-in-hand to the
executive to beg for what they are entitled to, it will be
difficult for them to be dispassionate and independent in carrying
out their duties.
Culled from dailytrust
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