Checking the rot in the judiciary

The disclosure by Justice Musa Dattijo Muhammad, who recently retired from the Supreme Court as the second most senior justice, has further exposed the rot in the judiciary. Justice Dattijo had in his valedictory speech, lamented that the judiciary he was leaving behind was far from the one he joined and desired. Dattijo was not only worried about the poor administration of justice, but was also concerned that justice was no longer being served to the Nigerian people by the judiciary.

The judicial system, according to him, is increasingly being compromised, especially by politicians, citing cases of controversial judgements by the Supreme Court. He also decried the rising trend of favouritism in the judiciary, stressing that unlike in the past when appointments to the bench were strictly on merit, the process has been compromised, resulting to appointments deliberately conducted to give undue advantage to the children, spouses, and mistresses of serving and retired judges and managers of judicial offices. Dattijo frowned at the practice where enormous powers are conferred on the Chief Justice of Nigeria (CJN) that makes the occupant of the office run the judiciary without checks and balances.

According to the jurist, “As presently structured, the CJN is Chairman of the NJC which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), the Legal Practitioners Privileges Committee (LPPC). In my considered opinion, the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.”

“As Chair of NJC, FJSC, NJI and LPPC, appointments as council, board and commitment members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say.  The CJN has power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC. Such enormous powers are effortlessly abused. This needs to change,” he stated.

Such abuse of power, Dattijo observed, accounted for the exclusion of the South East and North Central geo-political zones from the panel of judges that handled the presidential electoral petition. He equally faulted the low welfare package of the judicial officers, which he described as a serious disincentive to service.

The lamentation by the retiring Justice of the Supreme Court, who had put in 47 years of service in the judiciary, is worrisome and an indication of the rot in the judicial system. It also calls for concerted actions to rescue it from total collapse.

Justice Dattijo’s remark is not the first person to make disparaging remarks on the judiciary. Earlier in the year, the former lawmaker representing Bauchi North Senatorial District, Senator Adamu Bulkachuwa had in a Senate valedictory session, confessed that he influenced the decisions of his wife and former President of the Court of Appeal, Justice Zainab Bulkachuwa, in favour of his friends while in office. Though Bulkachuwa later claimed to have been misrepresented, the slip underscored, to a large extent, the corruption in the judiciary.

The judiciary has recently delivered some controversial judgements that were devoid of justice. Some judicial officers had also been indicted by the National Judicial Council (NJC) over cases bordering on corruption. The brazen abuse of the judicial process will hasten the demise of our nascent democracy. As an arm of the government, the judiciary is expected to check the excesses of the executive and legislature.

The judiciary should be impartial, independent and transparent in the dispensation of justice. For democracy to grow, the judiciary must be trusted and respected for its integrity and impartiality. The rot in the judiciary will undermine its integrity in delivering justice. At the same time, the working conditions of the judges and other judicial officers should be enhanced to curb corruption.

 The government should urgently address the challenges identified by Justice Dattijo. The waning confidence in the judiciary should not be waved aside. We call on the NJC to also address the issues raised by the eminent jurist. The time has, indeed, come to overhaul the nation’s judiciary and rid it of unscrupulous officials. The judiciary should be made to remain the last hope of the common man at all times.