The Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, on Monday assured Nigerians that the Supreme Court under his watch will never
be subservient to any person in Nigeria, no matter how highly placed.
Justice Muhammad also insisted that it was high time
government and their agencies in the country began to observe the rule of law
and obey judgments delivered by courts in the country.
The CJN's declaration may not be unconnected with
insinuations making the rounds to the extent that the judiciary, including the
Supreme Court may have been cowed by the executive arm of government.
But Muhammad, in a speech on the state of the judiciary
delivered during the special session of the Supreme Court marking the 2019/2020
legal year, said although he may have assumed office as CJN, "after the
unfortunate events that shook the
Nigerian judiciary to its foundation," he was nevertheless determined to leave behind a justice system that
would be the pride of all.
Speaking on the independence of the judiciary, Muhammad
said, "the Nigerian judiciary, to a large extent, is independent in
conducting its affairs and taking decisions on matters before it without any
extraneous influence.
"At the Supreme Court, like I have always said, we are
totally independent in the way we conduct our affairs, especially judgments. We
don't pander to anybody's whims and caprices. If there is any deity to be
feared, it is the Almighty God.
"We will never be subservient to anybody, no matter his
position in the society", he said.
He, however admitted that the judiciary cannot enjoy or know
true independence if it has to go cap-in-hand, asking for funds to run his
office, as the current situation portrays.
"It is like saying a cow is free to graze about in the
meadow but at the same time, tying it firmly to a tree. Where is the
freedom?" He queried.
The CJN, therefore, appealed to governments at all levels to
"free the judiciary from the financial bondage it has been subjected to
over the years.
"Let it not just be said to be independent but should,
in words and actions, be seen to be truly independent. We would not like to
negotiate our financial independence under any guise", he said.
The CJN also used the occasion to stress the need for all to
adhere to the tenets of the rule of law at all times, to avoid a situation of
anarchy and also preserve the nation's democracy.
He noted: "The rule of law which is the bastion of
democracy across the world will be strictly observed in our dealings and we
must impress it on governments at all levels to actively toe that path. The
right of every citizen against any form of oppression and impunity must be
jealously guarded and protected with the legal tools at our disposal.
"All binding court orders must be obeyed; nobody,
irrespective of his or her position, will be allowed to toy with court
judgments. We must collectively show the desired commitment to the full
enthronement of the rule of law in the land.
"As we all know, flagrant disobedience of court orders
or non-compliance with judicial orders is a direct invitation to anarchy in the
society."
While stressing that such acts were completely antithetical
to the rule of law in a democratic environment, Muhammad said the Supreme Court
under his watch would however not tolerate it.
In a similar vein, President of the Nigerian Bar Association
(NBA), Paul Usoro (SAN), decried the poor remuneration of judicial officers,
noting: "we betray our vaunted fight against corruption in the judiciary
and public sector when we don't remunerate our judicial and public officers
most inadequately as we currently do.
He appealed to relevant stakeholders to holistically review
upward the compensation packages of judicial officers at all levels, which is
sufficient to objectively eliminate any incentive for corruption in the
judiciary.
Usoro similarly tasked the judiciary not to relent efforts
at ridding itself of any corrupt elements among them.
He, however, suggested that in doing so, the judiciary must
deploy the self-regulating processes within the National Judicial Council (NJC)
and in line with constitutional provisions.
He condemned the process that culminated in the retirement
of former Chief Justice of Nigeria, Walter Onnoghen.
According to the NBA President, the process "showed a
brazen external intrusion and interference in the disciplinary processes of the
judiciary in a manner that undermines its independence and by extension, the
rule of law."
"The process was not only contrary to the provisions of
our law but also degraded and desecrated
the hallowed dignity that is attached to the office of Chief Justice of Nigeria."
Also speaking, the Attorney General of the Federation (AGF)
and Minister of Justice, Abubakar Malami (SAN), called on Justices of the
Supreme Court not to bow to the pressures of different political actors,
irrespective of any irregularity that might have occurred in the course of
dispensing justice by different election tribunals.
“It is important that this court, as a final arbiter remains
just and resolute in resolving all issues presented before it.
According to him, in the last legal year, the administration
of justice received a boost in the areas of anti-corruption policy drive, which
he said, successfully introduced zero-tolerance for corrupt practices and
entrenched integrity and ethical conduct in the task of governance.
The highlight of the event was the inauguration of 38 new Senior
Advocates of Nigeria (SANs), amongst whom are the Solicitor-General of the
Federation and Permanent Secretary, Federal Ministry of Justice, Dayo Apata;
wife of a justice of the apex court Justice, Adedoyin Rhodes-Vivour, and
Ebun-Olu Adegboruwa, among others.
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