Urges corrupt judges to resign

NBA blames terrorism, others on judicial corruption

IN what appears  a down-to-earth maiden public confession since his appointment as the Acting Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher yesterday admitted to some shortcomings in the judiciary, promising to make it better by engendering remarkable reform of the sector.

Justice Musdapher therefore promised to effect reform in some key areas in the judiciary by seeking the support of the legislature in bringing about necessary constitutional amendments concerning the sector, which he described as his “home”.

Musdapher’s pledge came on the heels of the declaration by the President of the Nigeria Bar Association (NBA), Joseph Bodunrin Daudu (SAN) that the failure of the country’s judiciary to do justice accounted for the frightening rise in acts of terrorism and unresolved murders/ killings as people had lost faith in the courts and resorted to self-help.

The two men expressed their positions in Abuja at the opening of the special session of the Supreme Court to mark the commencement of the 2011/2012 legal year.

Delivering his speech on the said occasion, Acting Chief Justice Musdapher noted that all was not well with the sector, but vowed to turn it around.

He said: “The bench on which I have sat for over 32 years is my home. And though I am approaching the final mile of my career on the bench it shall forever remain a part of my being. Therefore, permit me to first of all assure you that my home, our home, the last hope of the common man shall not fail under our watch. Though we have always done our best, I feel it is honourable to admit that things are not as they ought to be.”

He admitted that the Nigerian public is not satisfied with the performance of the sector, noting that rather than engage in the debate as to the correctness or otherwise of that assessment, he was more concerned about restoring public confidence through performance.

His words: “Since the judiciary exists for the benefit of the society then the essential verdict regarding our performance must be from that which we sit to serve. As it stands it appears that the society we serve is not entirely satisfied with our performance. Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities, accept the gap in expectations and do our utmost to bridge it” he added.

To that end, the Acting CJN stated: “So let me reassure you that we are fully aware of the weighty responsibilities hanging on our shoulders and we shall do our utmost to discharge them with vigour, truth and dignity. I must emphasise that the efficacy of exercising constitutional judicial power is firmly anchored to a moral authority that rests on public confidence.

“The judiciary commands no armies and collects no taxes as its authority rests squarely in the public’s perceptions of its propriety. Public confidence in the judge and the judicial system reinforces conviction in the judge and the judicial system and enhances conviction for the attainment of justice and enhances the willingness of the populace to subjugate before the law,” he added.

Justice Musdapher noted that “it is very important to ensure that those who abuse the privilege of judicial authority are exposed, expunged, banished and punished. I feel it is necessary at this point to strongly advise that those who cannot sustain true allegiance to their judicial oaths and abide by all the demands of the code of conduct for judicial officers to bow out immediately.

“I urge you to realize that there is no middle ground and no space on the bench for those adjudged to be unworthy arbiters of truth. The choice is simple and our resolve is absolute, henceforth there shall be zero tolerance to judicial corruption or misconduct.”

He said that he had a vision of a judicial system that was simple, fast and efficient, adding that “we are poised to commence a broad overhaul of the judicial system with a view to increasing judicial efficiency and enhancing the perception of the public regarding our capacity to dispense justice in her pure form. A judicial reform committee shall soon be formed to look into the problems and proffer solutions that shall be implemented immediately.

“The current mode of judicial appointments must also be reviewed. We believe that there is considerable merit in the call to diversify the pool from which judicial appointments to superior courts are made. A wider diversity of experience will undoubtedly add quality to judicial deliberations in our courts

In his own address, the NBA President, Daudu noted that “there is a growing perception backed up by empirical evidence that justice is purchasable and it has been purchased on several occasions in Nigeria. We are reaching the point in time where accusations of corruption in the system will be at its loudest.

“The various election tribunals are in the process of   delivering judgments. The Court of Appeal is beginning to deal with interlocutory appeals and some final decisions in some governorship disputes. Already the strain or effect of the over-balkanization of the intermediate appellate court into numerous divisions by way of conflicting decisions on very serious matters in the electoral process is beginning to be felt.”

Daudu lamented that “As things stand today the decisions of the Abuja, Markudi, Calabar and Kaduna divisions of the court are  conflicting. This state of affairs does not help the judicial process.”

He said: “Firstly people read meanings into the inability of high ranking judges to state a clear position on a simple statute. Secondly discordance will ultimately exacerbate recourse to self-help and extra-judicial measures. No wonder assassinations, unresolved killings and terrorism are on the rise in Nigeria. The root cause is failure to provide authentic, credible and indeed realistic justice to Nigerians.”

-Guardian

Posted by admin on Sep 20 2011. Filed under Judiciary, Latest Politics. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry