2015: CJN warns judges against subverting justice

Justice Mahmud Mohammed

THE Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has warned his fellow judges against subverting justice and sacrificing judicial independence for benefits from politicians.

The CJN, who noted that public perception of the Judiciary was mostly formed from the conduct of judges, urged judicial officers to shun acts that could tempt them to compromise judicial independence.

He urged judges to allow the Judicial Oath, to which they subscribed, and the fear of God to guide them in the discharge of their duties.

Justice Mohammed frowned at delays in court process and rising cases of discrepancies in the decisions of different divisions of the Court of Appeal on cases with similar facts and circumstances.

The CJN spoke in Abuja yesterday at this year’s edition of the yearly conference of Justices of the Court of Appeal.

Justice Mohammed, who noted that the country’s judiciary had asserted its independence in years past, said it was “most regrettable and worrisome to hear members of the public increasingly criticise judicial officers (judges) for playing into the hands of politicians.

“All too often, these very close critics create unfortunate perceptions and connotations, as insinuations are readily drawn from them.

“It is immaterial whether or not this assessment is fair, for as Judges we must be seen to rise above the tide of systemic corruption and other unfortunate afflictions that have become commonplace in Nigeria today.

“When we are able to dispense justice without fear or favour, affection or ill-will, only then will we secure the confidence of the average citizen in the justice system and by extension, support a political space of peace and stability.

“My lords here present, let me draw your attention to the provision of the Code of Conduct for judicial officers, which cautions us to shun political associations. I dare say this singular act can ensure that the dignity and credibility of the Judiciary, is not in any way tinted on account of any suspicion.

“As a corollary to this, I must also urge you to ensure that there is a return to certainty in the adjudication of cases heard by panels of this court. All too often, the judiciary has been confronted with accusation of conflicting decisions delivered by the Court of Appeal, particularly in seemingly straightforward issues.”

He added: “Conflicting judgments of various divisions of the Court of Appeal are not only undesirable, but the result may manifest in a miscarriage of justice and ultimately loss of public confidence in the judiciary. Conflicting judgments also lead to accusations of improper considerations and corrupt practices.

“I need not remind us of the corrosive effect that this has had on the Judiciary and its estimation in the eyes of the public. I am sure you will agree with me that this issue must be addressed as a matter of urgency. “Legal certainty, as you all know, is a key tenet of a robust Judiciary that is worth its name. All the justices of the Court of Appeal must therefore carefully consider the decisions of other panels of the court in order to ensure that there is both uniformity and certainty in its pronouncements.”

The CJN added that the courts seek to protect the sanctity of the temple of justice, adding that “justice delayed is justice denied. This is more so where the liberty of a citizen is at stake.”

According to him, “The judiciary must begin to see the time limit provided by the Constitution and other rules of courts as minimum standards which must be religiously adhered to. On no account should a matter be allowed to lapse without being decided by the court.

“I believe we have what it takes to rise to this challenge and give the good people of Nigeria the kind of justice system they desire and deserve too.

“I must therefore implore all Judges to remember that as the next year is an election year, we need to be more dedicated and alive to our duties, shun unnecessary delays in the dispensation of justice and reject every illicit approach to compromise our collective integrity. It must also be remembered that every infraction of the law by any judicial officer may subject the entire Judiciary to public accusation.

“I advise that justices should shun such acts and decisions that will cause our courts to fall into disrepute and public ridicule. I must also remind you that it is only when we act with a clear, free conscience that the judiciary will retain its integrity and independence.”