The enduring condemnation and concerns expressed by the public over pervasive corruption in the judiciary are proof that the new Chief Justice of Nigeria, Kudirat Kekere-Ekun, has inherited a house of rot. President Bola Tinubu swore Kekere-Ekun in on August 23 as the 23rd CJN before parliamentary confirmation.
She must find the courage to roar all the wolves in her house to submission to run an enviable tenure and build a legacy for an improved and credible justice system.
For her to perform creditably, the independence of the judiciary, with its inherent tenets, must be upheld.
Unfortunately, achieving this has been a nightmare. The courts have become houses of rot and victims of state capture. At 75 per cent, the judiciary and the Independent National Electoral Commission have the lowest public trust among Nigerians, per Afrobarometer.
The appointment process of judges is fraught with nepotism. The immediate past CJN, Olukayode Ariwoola, and the Chief Judge of the FCT High Court, Hussein Yusuf, were recently accused of violating the federal character principle by appointing family members as judges.
A retired Supreme Court Justice, Amina Augie, recently revealed in an interview that there are godfathers in the judiciary and that “politicians are very strategic…they want to put their own people that will be useful for them as judges.” Unfortunately, this is obvious.
A senator, Adamu Bulkachuwa, confessed at the valedictory session of the Senate last year that he reached out to his wife, Zainab, the President of the Court of Appeal, to get favourable decisions for his politician friends in election cases.
Ex-Rivers State Governor Peter Odili, standing trial for fraud in 2007, was granted a perpetual injunction in a rapacious display of judicial barbarism.
In two separate cases challenging the signing of a nomination paper or result form in more than one constituency in the same election by Ahmad Lawan and Godswill Akpabio, the Supreme Court ruled in favour of both in violation of Section 115 (d) of the Electoral Act.
Courts, including courts of coordinate jurisdiction, engage in notorious abuse of interlocutory injunctions in mockery of the judiciary and the country.
This house of the “messiah” of the common man is falling and must be urgently fixed.
The new CJN must institute reforms and overhaul the judiciary to save it from its embarrassing profile. She must build institutions and inculcate in judicial officers the ethics and ethos of the judicature. This should be complemented with the provision of technology to deliver best practices.
The CJN must ensure discipline and accountability to restore the dignity and integrity of the judiciary. The integrity of the National Judicial Council should be enhanced by reducing the power of the CJN in appointments. The appointment of judges must be merit-driven.
Stringent efforts should be made to investigate all pending corruption and controversial cases and erring judges must be brought to justice to deter others. Courts should review their controversial judgements in the interest of entrenching justice and preserving judicial integrity.
The CJN cannot do it alone. The National Assembly must muster the needed political will to review the laws that hold the judiciary hostage. These include vesting the appointment of the CJN in an independent body rather than the President. The same model goes for the states.
To eliminate professional and national embarrassments arising from territorial jurisdiction overlaps, the CJN needs to establish practice guidelines with clear penalties for breaches.
There is a need to insulate the judges from manipulation and bribery by the emplacement of robust salaries, other welfare packages, and decent work conditions.
The CJN must build on her predecessor’s achievements, including the 300 per cent salary increment for judges and the digitisation of the courts.
A new, improved judiciary is possible. With determination, the country’s judiciary can be transformed for the benefit of all.
