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5-Point Agenda For New CJN by Eminent Nigerian Lawyers
…By Ernest Ojukwu, SAN; Sam Erugo, SAN; Chidi Anselm Odinkalu; and; Mbasekei Martin Obono
Amid the greatest crisis of judicial authority since Nigeria’s independence in 1960, President Bola Ahmed Tinubu on 23 August 2024 swore in an Acting Chief Justice of Nigeria (CJN). For the new Chief Justice, this challenge is also an opportunity to articulate an agenda for reform that can restore public trust in the judiciary. Such an agenda must address the following:
(a) ensuring merit-based judicial appointments;
(b) addressing the problem of abuse of interim injunctions, ex-parte orders, and conflicting judgements;
(c) enhancing judicial discipline and accountability;
(d) addressing the crisis of political cases, election petitions, and judicialisation of politics; and
(e) reform of the Supreme Court.
1.JUDICIAL APPOINTMENTS*
The National Judicial Council (NJC), which oversees judicial appointments and is led by the CJN, has been severely criticised for mishandling judicial appointments. In 2020, for instance, it authorised 15 vacancies for the Federal Capital Territory High Court but nominated 34 for appointment.
The NJC has also been accused of retrenching its Procedural Rules for judicial appointments, thereby undermining merit-based appointments; compromising judicial integrity; and breeding a loss of confidence in the judiciary.
Against this background, it is of the utmost importance that the new CJN commits explicitly to a policy of restoring integrity and merit to judicial appointments through the introduction of transparent processes of advertisement of vacancies; nomination of candidates, interviews, short-listing, and selection.
2.CONFLICTING JUDGEMENTS AND ABUSE OF INTERIM INJUNCTIONS
Rule 3 (3.5) of the Judicial Code of Conduct provides that “a Judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.” Although the standards governing interim injunctions are very well established in Nigeria, these are often either disregarded or abused without consequences.
Equally, courts of co-ordinate jurisdiction routinely issue conflicting orders that seem almost calculated to damage the institution of the judiciary.
It is suggested that:
(a)Priority should be accorded to monitoring and reporting interim or ex parte orders by trial judges. There should also be clear consequences attached to a breach of the Judicial Code of Conduct.
(b)Judicial appraisals should be both quantitative and qualitative. Accordingly, they should proactively address evidence of ethical deficits in the work or output of judges, focusing on adherence to ethical guidelines and the quality of judicial decisions.
(c)There should be clear Practice Directions on the management of jurisdictional overlaps. The structure and scope of such overlaps should be discussed at the All Nigerian Judges Conference and the Practice Directions should be uniform across all the court systems in the country.
(d)The NJC should establish a central database or easily searchable platform for judges to share information on ongoing cases.
3.DISCIPLINE AND ACCOUNTABILITY
Preserving the dignity and integrity of the judiciary hinges on upholding discipline and accountability which is in turn essential for preserving the institutional authority of the judicial branch. If the judiciary lacks credibility, its authority suffers irredeemably.
Tragically, this eventuality may already be upon us. A recent survey by the United Nations Office of Drugs and Crime (UNODC) and the National Bureau of Statistics (NBS) finds the judiciary as the recipient of the highest per capita rates of bribery, ahead of both the Nigeria Police Force and the Nigerian Customs Service.
The damage that this does to the institutional credibility and authority of the judiciary is incalculable. To reverse this, it is suggested that:
(a)Disciplinary processes within the judiciary should be both prompt and decisive and dispositions should be calibrated to be proportionate to the seriousness of the misconduct found.
(b)Reports on disciplinary investigations by the NJC should routinely be transmitted to law enforcement agencies for follow-up.
(c)The CJN should initiate public consultation leading within six months to an announcement of measures designed to address the escalating patterns of judicial corruption as documented by the UNODC-NBS Corruption in Nigeria Report 2024.
4.ELECTION PETITIONS AND POLITICAL CASES
Political cases and election petitions now increasingly threaten the foundations of fairness on which the judicial system should be anchored. Of 248 judgements issued by the Supreme Court in the last judicial year, 74 or about 30% were “political cases.”
At a similar occasion only two years ago, his predecessor reported that the court’s portfolio of 269 appeals disposed of included 139 civil appeals, 102 criminal appeals, and 28 “political cases.”
The volume of election petitions has become an adverse charge on the credibility of the judiciary and an intolerable burden on both judges and non-political court users alike.
Underlying this burden is a judiciary that has installed itself as the sole dispenser of electoral mandates, with judges routinely substituting their views for the votes of the people contrary to the considered recommendations of two presidential panels on electoral reform led respectively by former Supreme Court Justice, Bolarinwa Babalakin in 1986 and by former Chief Justice Mohammed Lawal Uwais in 2008. It is suggested that:
(a)The Chief Justice should initiate reform of the election dispute resolution system to ensure the implementation of the Babalakin Commission and Uwais Panel recommendations concerning the need for Courts to respect and not subvert the will of the people in elections.
(b)The category of “political” cases should be reviewed and court systems should be encouraged to establish Alternative Dispute Resolution (ADR) mechanisms for political disputes.
(c)Consideration should be given to utilizing retired senior judges for the administration of election dispute resolution, so that serving judges may be preserved for regular court work.
(d)Election petitions should be disposed of before inauguration. The current practice whereby candidates are sworn in despite pending petitions against them facilitates judicial capture.
5.REFORMING THE SUPREME COURT
The Supreme Court is overburdened and its Justices are paying for this with their lives. In the 30 months from the beginning of 2021 to the middle of 2023, three Justices of the Supreme Court tragically died in service.
This period coincided with a revolt by Justices against the conditions of work and judicial well-being at the Supreme Court. These two developments underscore very clearly the urgent need for reform of the Supreme Court.
As the apex court, the Supreme Court should settle the most rarefied questions of law and legal policy in Nigeria.
Instead, it is burdened with inconsequential appeals and crippled by priority to political cases.
The result is a court with an ungovernable docket which also endangers the constitutional promise of fair trial “within a reasonable time.”
Structural and procedural enhancements needed to improve the efficiency and effectiveness of the Supreme Court will include:
(a)The National Assembly should review and re-enact the Supreme Court Act and amend the Constitution to limit the kinds of cases or appeals that can be introduced to the Supreme Court.
(b)The full digitization of the Supreme Court is overdue. Judgements should be publicly available on the day they are delivered and it should be possible to do filings at the court remotely.
(c)The Court needs to implement a structured system of judicial clerkships which would help to relieve Justices of some of the tedium of research and writing.
CONCLUSION
Far from being exhaustive, this five-point agenda only highlights pressing priorities for the incoming CJN. There remain important issues, such as the question of whether the NJC has continuing relevance; what should be its composition (if it continues to exist), and whether or not it should continue to co-exist as it presently does with the Federal Judicial Service Commission (FJSC).
As the African Commission on Human and Peoples’ Rights declared in 2009: “Courts need the trust of the people to maintain their authority and legitimacy. The credibility of the courts must not be weakened by the perception that they can be influenced by any external pressure.”
Success in judicial reform will depend on engaging a broad constituency of stakeholders, especially citizens, civil society, and court users. By fostering a collaborative approach to judicial reform, the CJN can construct the foundations for reclaiming public trust.
The measures suggested here can reverse inefficiencies; retrench renegades from the system; and reposition the judiciary as an institution fit for the changing landscape of a complex political economy.
By implementing these changes, the new CJN can rebuild public confidence; put the judiciary on track towards credibility; and guarantee a legacy that will be evergreen at the end of her tenure.
Prof. Ernest Ojukwu, SAN is former Deputy Director-General of the Nigerian Law School
Prof. Sam Erugo, SAN is former Dean of Law, Abia State University
Prof. Chidi Anselm Odinkalu, former Chair of Nigerian National Human Rights Commission teaches at the Fletcher School of Law and Diplomacy at Tufts University
Mbasekei Martin Obono, a lawyer, is Executive Director of TAP Nitiative, a Citizens’ Advocacy Organisation
News
Lakurawa threat: FG plans more troops as sect spreads across North
As part of efforts to checkmate the Lakurawa sect, the Federal Government will deploy more military personnel and formations in the states where the terrorists operate, The PUNCH has learnt.
This is as the media reliably learnt that the sect, which operates in North West states Sokoto and Kebbi, has moved into Niger State in North Central Nigeria, as well as Kaduna State.
The Sokoto State Government asserted that it was concerned about the lives and property of its people, noting that security topped its nine-point agenda.
The Special Adviser on Security Matters to Governor Ahmad Aliyu, Col Ahmed Usman (retd.), said the Federal Government promised to deploy more security operatives in the state to tackle the sect that attacked Mera village, Kebbi State, leaving 17 residents dead November 8.
The terrorist group also rustled dozens of cattle in the community as the village vigilante fought back killing two members of the group during an exchange of fire.
Usman said, “If you can remember, the Minister of State for Defence during his working visit to Sokoto had disclosed the kind of pressure mounted on the Federal Government by the state government on the need to come to their aid.
“And the Federal Government has promised to establish more military formations and deploy more personnel and equipment to Sokoto State.
“On our part, the state government has provided the facility for the air component of operation ‘Fansan Yamma.’ Now, we don’t need to wait for fighter jets from Katsina in case of any emergency or air support.”
He added, “So, there has been investment in security infrastructure, including establishing more security outposts (Forward Operation Bases) and upgrading surveillance systems in key locations.
“The Sokoto State government has strengthened partnerships with federal security agencies to ensure a coordinated approach to tackling security challenges.
“Similarly, the government has launched public awareness campaigns with the support of the United Nations Development Programme and other local NGOs to educate citizens on security issues and encourage them to report suspicious activities.”
Speaking further, the governor’s aide explained that the current administration had been providing logistics support to the security agencies, assuring that Lakurawa “will soon be a thing of the past.”
Usman stated, “We provided tens of operational vehicles, including motorcycles, to security agencies and restored their allowances. In addition to other measures, we created the state-owned security outfit, which we called Sokoto State Community Guards, and they were equipped.
“Their role is to support the conventional security agencies in intelligence gathering, among others. The state government has inaugurated a security community under the leadership of the Deputy Governor of the state.
“The committee comprises security agencies, traditional and religious leaders, among other stakeholders in security. In fact, even the latest news about the Lakurawa was broken by the deputy governor while receiving members of the National Defence College in the state.”
The special adviser further explained that the state government also set up programmes to empower youths to discourage their involvement in crime and violence or being recruited by the Lakurawa.
He added, “The government has set up a conflict resolution mechanism to address disputes before they escalate into violence, promoting peace in communities just as it has been mediating between farmers and herdsmen to reduce conflicts over lands and resources, which can lead to insecurity.
“There has been massive investment in social welfare aimed at alleviating poverty, which is often the root cause of insecurity. And we hold regular security meetings with stakeholders to assess the security situation and develop strategies for improvement.”
The Minister of Defence, Muhammad Abubakar, assured citizens and residents of Sokoto and Kebbi states of the readiness of the armed forces to crush Lakurawa and other terrorist groups.
The minister gave the assurance in Sokoto as the Lakurawa sect reportedly extended its tentacles to Niger and Kaduna from its former hideouts in Kebbi and Sokoto States.
Following the November 8 attack on Mera, the Defence Headquarters deployed more troops in the area to dislodge the terror group which was said to have occupied the area for over six years.
A report said the group was dislodged from its hideout and several cattle recovered.
Speaking while inspecting the facilities of the air component of Operation ‘Fansan Yamma’ in Sokoto, the defence minister disclosed that the military had taken a decisive decision against Lakurawa.
He noted, “You heard it from the chairman of the Local Government Area attacked by the Lakurawa in Kebbi State, testifying to the heavy presence of troops in the area.
“The Lakurawa was sent away from the area. This is a result of the resilience and dedication of our security operatives. You are aware of the successes recorded by our air force, they bombarded some of the hideouts of the bandits and the bandits are now on the run.”
However, the Senate a few weeks ago raised the alarm that the militants had moved into Niger, Kaduna and other North-Central states, sparking fear among the people.
Worried by the activities of the terrorist group, the northern states have decided to unite against the Lakurawa in a clear move to contain its spread and operations.
The Niger State Commissioner for Homeland Security, Mohammed Bello, said the affected states were working together with the Federal Government to eliminate the terrorist cell.
“You know how we do in Nigeria. Sometimes, we neglect things until they become real problems, they can become complicated. For the first time, more than two or three states are putting resources together to see that things are being done to eradicate the problem.
“I assure you that the problems will become a thing of the past in a few days. In a few days, the people in Kaduna, Zamfara are putting heads together; by the grace of God, things will become clearer very soon,” Bello said.
“The issue with the bandits is that when they are under pressure in one state, they run to another state because there is no clear-cut demarcation of these states we are talking about.”
Also speaking on what the Kebbi State Government was doing to complement the Federal Government’s efforts, the Special Adviser on Communication and Strategy, Abdullahi Zuru, said the state government was supporting troops drafted to the area with logistics.
“We are procuring vehicles that will help them with mobility. You know the troops drafted here were brought to help us deal with the Lakurawa, but the state government is discussing with the Chief of Defence Staff on how to make them stay permanently in the areas to avoid any reoccurrence.
“We are also assisting the local vigilante with operational vehicles and other logistics to help them gather timely and accurate information for the troops.
“The role they played last time during Lakurawa’s attack on the Mera community cannot be overemphasised. They tried their best hence they need to be encouraged to do better than before.”
District heads
The District Head of the Gagi community in Sokoto State, Sani Jabi, advised the Federal and Sokoto State governments to adopt dialogue in dealing with the Lakurawa group in the state.
The monarch noted that the sect had inhabited some areas of the state for the past eight years.
He said the people of the affected communities had lived with the Lakurawa members for years without any issues until the November attack.
Should the security forces mount an attack on the sect, Jabi warned the government should be ready for the consequences.
“As for me, I prefer using dialogue with the group. This could be done in collaboration with our neighbouring countries affected by the Lakurawa.
“With such a move, their exit will be peaceful, without any rancour and exchange of fire between them and the security agents.
“But if it’s about kinetic approach, it’s also a welcome development but the Federal Government should be ready for the consequences.
“I said the consequences because the government should be ready to ensure permanent relocation of security agents to the affected areas, which will give the people hope of survival. Anything short of that, those people will come back and attack the people,” Jabi stated.
While calling on security agents to improve their intelligence-gathering system, the district head claimed the security agencies were aware of the existence of the group.
“I think the problem is they were not attacking their hosts before now, they initially find a way to live in peace with the people without any rancour.
“They will interact, do business and preach to them until recently when they introduced a tax on them and their cattle,” Jabi added.
He also called for the deployment of more security operatives, citing the increased population in the area.
“Go to the local areas, the number of divisional police officers in the last 10 years has not increased while the population is growing daily. How can you address that with the level of insecurity at hand?”
A district head from one of the affected Local Government Areas, who spoke on condition of anonymity, applauded the government for the posting of troops to the area to contain the group.
He suggested a permanent base in the area for the security agents since most of the affected communities shared borders with neighbouring countries.
He stated, “We appreciate them (government) for their efforts so far but in all honesty, we need permanent security personnel in this area to tackle this menace.
“We cannot continue this way; our border needs to be monitored. The border is too porous such that anyone can come in or go out at will. We want more intelligence gathering with the community stakeholders and the local vigilante, which we believe will help us better.
“This will ensure every nook and cranny will be secured. We also want the security agents to hold meetings with housing agents and local government councils, among others.
“The rural-urban migration is on the high side and we should be able to identify those migrating to our community to know where they are coming from and their source of livelihood.”
Umaru Bauji, who spoke on behalf of the District Head of the Mera community, said the community now enjoys a measure of peace and security following the deployment of troops in the area.
“We can categorically tell you that the situation has improved, our farmers can now access their farms unlike when the incident happened then.
News
Ex-Gov Obaseki on EFCC Watchlist as Probe of Edo’s Contracts Begins
The Economic and Financial Crimes Commission (EFCC) has placed former Edo State Governor, Godwin Obaseki, under its watch list as it intensifies its probe into financial activities during his administration.
The EFCC’s investigation, which is focusing on contracts and transactions awarded during his two terms in office, has heightened political tensions in the state.
Obaseki, who completed his tenure on November 12, is facing scrutiny over alleged irregularities in the management of state resources.
While the EFCC has not directly linked him to any criminal activity, sources within the anti-graft agency revealed that the investigation is far from over.
A source close to the commission stated, “An investigation into his administration has started, but he won’t be invited until we reach an advanced stage. So far, many transactions are not directly tied to him, as he delegated responsibilities to others. Our team is pursuing leads on contracts and other financial activities under his watch.”
In early November, the EFCC detained five senior officials from the Obaseki administration, including the state’s Accountant General, Julius Anelu. The officials were interrogated over large-scale withdrawals from the state treasury, which occurred in a compressed period before Obaseki’s exit from office.
Obaseki, however, has expressed confidence in the probe. On November 8, he publicly declared that he was prepared to face any scrutiny. “I have no fears about the EFCC’s investigations,” he stated, emphasizing his readiness to account for his eight years in office.
Despite his assertive stance, insiders within the EFCC have revealed that former governors, including Obaseki, are routinely placed on a watchlist.
This measure, according to the source, ensures that they remain within reach throughout the investigation process, particularly to prevent them from fleeing the country while cases are ongoing.
“All former governors are monitored by the EFCC, regardless of active investigations. This prevents them from leaving the country while cases are ongoing,” an EFCC source disclosed.
The probe into Obaseki’s administration has also been fueled by claims made by his successor, Governor Monday Okpebholo, who has set up a 14-member committee to review the assets of the former administration.
The committee is tasked with examining the financial and contractual dealings of the past government, which some allege have left the state saddled with a heavy debt burden.
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Tinubu Endorses Elevation of 11 Directors for Permanent Secretary Roles
President Bola Ahmed Tinubu has officially approved the elevation of 11 directors, who are part of the 19 candidates selected for the final stage of the permanent secretaries’ qualifying examination. This development, which follows a rigorous selection process, was confirmed in a memo issued by the Office of the Head of Civil Service of the Federation (OHCSF).
According to a report by Gists9ja, this confirmation comes after the initial stages of a highly competitive process aimed at filling vacancies for permanent secretaries across various federal government ministries. The announcement also highlights the continued efforts of the Tinubu administration to ensure that capable and qualified individuals are appointed to crucial civil service positions.
The process began earlier in October when the Federal Government, through the OHCSF, initiated the appointment procedure for new permanent secretaries, focusing on addressing vacancies in eight states. A memorandum issued by the OHCSF and signed by Didi Walson-Jack, the Head of Civil Service of the Federation, outlined the terms for the selection. Notably, the memo specified that individuals under any form of disciplinary action would be ineligible to apply for the permanent secretary roles, ensuring the integrity of the recruitment process.
The official memo from the OHCSF, signed by Dr. Emmanuel Meribole on behalf of the examination committee, announced that the 11 directors, who had excelled in the initial stages of the examination, were invited to the next phase. The document read: “The under-listed eleven (11) candidates are invited to the oral interview stage of the process for the appointment of Permanent Secretaries in the Federal Civil Service, following their successful performance in Stages I and II of the exercise.”
Initially, 38 directors participated in the first stage of the process. Out of these, 19 directors advanced to the second stage, and following their exceptional performance, 11 directors were shortlisted for the final stage. These individuals are now set to face the oral interview, a critical step before the formal appointments are made.
This move is seen as part of President Tinubu’s ongoing efforts to enhance the efficiency of the federal bureaucracy and fill critical leadership positions within the civil service. Upon completion of the recruitment process, it is expected that President Tinubu will officially announce the newly appointed permanent secretaries.
The process of selecting permanent secretaries has always been highly anticipated due to the significant role these individuals play in the day-to-day operations of government ministries and the implementation of key national policies. With the current stage of the recruitment process nearing completion, all eyes are on the final appointments, which are expected to be revealed once the interview process concludes.
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