…Bars judges from granting stay of proceedings
In a bid to fast-track the trial of all treasury looters, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed Monday directed judges handling corruption cases to hear such matters on a day-to-day basis.
The CJN said the National Judicial Council (NJC) would henceforth descend heavily on any trial judge found to have stayed proceedings on any criminal matter before his court.
Justice Mahmud who made the declaration while flagging-off the 2016 Refresher Course for judicial officers on current trends in law and administration of justice, said the measure became necessary in view of mounting criticisms against the Judiciary.
Addressing participants in the 5-day workshop comprising judges from different states of the Federation, the CJN said they must learn to “treat cases related to economic crimes and corruption with the necessary urgency”.
He maintained that the essence of the newly enacted Administration of Criminal Justice Act (ACJA) 2015, is to forestall situations where accused persons use frivolous interlocutory applications to frustrate their trial.
The theme of the workshop which is holding at the National Judicial Institute (NJI) in Abuja is, “Promoting Judicial Performance through Innovations and Reforms”.
The CJN said: “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim.
“My lords, as you all are well aware, the Judiciary has had to endure intense, largely unjustified and grossly uninformed criticisms regarding delay in the administration of justice.
“However, I am proud that the Judiciary was well ahead of the curve when the 2013 Practice Directions on Serious Crimes were adopted as the Directions were aimed at reducing criminal trial delays.
“Nonetheless, the new Act strengthens our resolve as it provides that applications for stay of proceedings shall no longer be heard in respect of a criminal matter before the court.
“This unprecedented provision puts a stop to the delays occasioned by interlocutory applications to stay proceedings pending appeal on preliminary matters when the substantive issues are yet to be tried on the merits.
“Upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial, while each party is entitled to only five adjournments not exceeding two weeks each. Where the trial is still not concluded, the interval for adjournments will be reduced to seven days each.
“As such, the Act provides a chance for all Judges to ensure speedy dispensation of justice and I expect that the provisions will be fully utilized.
“I must similarly urge your lordships to treat cases related to economic crimes and corruption with the necessary urgency that the previously mentioned 2013 Practice Directions mandate us to apply.
“Judges must also be stringent in applying the law strictly in order to render justice in a satisfactory manner to all parties whether they are the state, the accused or the victim.
“The negative effects of corruption have been experienced by every Nigerian in one way or the other. It also bears reminding that the Judiciary has been judged harshly and on the receiving end of allegations of corruption in its operations.
“At this crucial time in our nation’s history, we must show the red card to corruption, while joining hands as patriotic citizens to campaign for zero-tolerance for corrupt practices within our courts.
“We must not forget our noble duty as Ministers in the Temple of justice to uphold the Rule of Law impartially and without fear. In order to establish and sustain public confidence in the judicial process, Judges must live above board, shun corruption, and avoid corrupt practices and misconduct.
“It bears reminding that your lordships have sworn to adhere to your Oath of Office as contained in the 1999 Constitution and the Code of Conduct for Judicial Officers, 2003.
“Indeed, let me re-iterate that where any Judicial Officer is found culpable of corrupt practice, you can rest assured of the preparedness and resolve of the National Judicial Council to sanction such Judicial Officer appropriately”.
He said the Supreme Court, in line with his reform agenda for the Judiciary, will soon stop sending or accepting manual and paper hearing notices and processes, to and from all lawyers practising before the Court.
“Similarly, the Supreme Court infrastructure is being upgraded and the courtrooms retrofitted with modern court technology hardware to enable state-of-the-art paperless operations to be tested, in advance of its eventual rollout to other jurisdictions in Nigeria”, he added.
In her welcome address, the Administrator of the NJI, Justice Roseline Bozimo, stressed that “Law Reforms and innovations in the Judiciary are a necessity for the purpose of enhancing and promoting judicial performance”.
She said the Nigerian Judiciary has experienced innovations and reforms in recent times, prominent among which was the passing into Law of the ACJA, 2015.
“The high point of this Act is the merger of the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) into one principal Federal Act, which apply uniformly in all Federal Courts. While preserving the existing criminal procedures, it introduces new innovative provisions that will enhance the efficiency of the Justice System.
“The main purpose of the Act include preventing unlawful arrest which had been one of the major problems of our criminal justice systems. By Section 10(1) of the CPA the Police could arrest without a warrant, any person who had no ostensible means of sustenance and who could not give a satisfactory account of himself.
“By this provision, people were arrested indiscriminately. The administration of Criminal Justice Act 2015 has deleted this provision,” she added.
-Vanguard
