The 2016/2017 new legal year began with series of activities, including special court session, judges’ conference and swearing-in of new Senior Advocates of Nigeria (SANs) in Abuja. Senior Correspondent, ONYEWUCHI OJINNAKA, recaps the events.
It has been the practice in the Federal High Court of Nigeria, from inception, that at the commencement of a new legal year, apart from the usual special court session, judges of the court meet to appraise the activities of the previous year with a view to finding solutions to identified challenges.
In the process of finding these solutions, judges, while sitting in camera after declaring the conference open, freely correct and apportion blame to their errant colleagues, and thereafter resolve to improve on their performances in the outgoing legal year.
It is against this backdrop that the judges of the Federal High Court had the 32nd Annual Judges’ Conference at the Sheraton Hotels and Towers, Abuja, on September 20, 2016. According to the Chief Judge of the Federal High Court of Nigeria, Justice Ibrahim NdahiAuta, the object of this year’s conference was to discuss recent developments in the court with a view to addressing the issues as they affect the judiciary, to forge ahead with untainted primary responsibilities.
Conference opened
Declaring the conference open, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, took a swipe at recent developments at the Federal High Court where judges of co-ordinate jurisdiction gave conflicting judgments on same issue. He said: “I will not behave like the proverbial ostrich and hide my head in the sand, pretending that all is well at the Federal High Court. Recent events have once again thrust the issue of conflicting judgments to the forefront of our consciousness.”
The CJN was not unmindful of legal commentators and other observers flaying the judiciary for creating greater instability in the land and expressing doubt over judges’ competence and desire to meet the ends of justice.
He decried the increase in deviant departure from the established norms by certain judges, warning: “This situation not only portrays the justice system as a confused institution, but at worst we are looked upon as morally bankrupt.”
He reminded the judges and indeed all stakeholders in the temple of justice that in a democratic nation such as ours, the judiciary usually holds the balance between order and chaos, harmony and violence, prosperity and poverty, positing that the court decides on which side the scale would tilt.
He assured that recent developments, which played out at the Federal High Court and Court of Appeal, are already before the National Judicial Council (NJC) for deliberations.
Appointment of new Chief Justice
Despite political intrigues and efforts by lobbyists to circumvent the procedural practice of appointing a Chief Justice, TheNiche reliably gathered – before it became public knowledge – that the name of second-in-position among the Justices of Supreme Court (JSCs), Honourable Justice Walter Samuel NkanuOnnoghen, has been forwarded to the NJC for scrutiny and confirmation.
Onnoghen, who hails from Cross River State, is next to the current CJN, Justice Mohammed, who will bow out of service this November.
A reliable source from the judiciary who pleaded anonymity told TheNiche that prior to the submission of Onnoghen’s name to NJC, there had been serious lobby to change from the normal practice of succession and select the new CJN, irrespective of the position. The lobbyists apparently want a particular region of the country to retain the post of CJN.
If finally confirmed, Onnoghen will be the 15th CJN from inception.
Note of warning
It is against this backdrop that Justice Mohammed warned against politicising the appointment of CJN. He handed down the warning at the swearing-in ceremony of 22 new Senior Advocates of Nigeria(SANs) in Abuja, as part of the activities marking the commencement of the new legal year.
He frowned at the speculations that arose regarding the appointment of CJN.
Referring to the constitution on the issue, he said: “Given that this is my last legal year speech, I must use this medium to address speculations that have arisen as regards the appointment to the office of the Chief Justice of Nigeria.
“Permit me to restate that Section 231 of the Constitution of the Federal Republic of Nigeria (as amended) is clear as to the procedure that must be followed in appointing a Justice of the Supreme Court or indeed a substantive Chief Justice of Nigeria. The National Judicial Council recommends, the President of the Federal Republic of Nigeria approves and the Senate confirms such appointment.
“While I would admit that there is no constitutional restriction as to where those to be appointed are selected from, the long-held practice, which I dare say has been apolitical, transparent and fair, had been to appoint the most senior Justice of the Supreme Court to the office of the Chief Justice of Nigeria.”
Speaking on the giant strides recorded by the Federal High Court last legal year, the CJN noted that the Federal High Court underwent a historic transformation in rank and reach, as it witnessed the appointment of the largest single number of judges in the history of the Nigerian judiciary; 30 new judges from various sectors of the legal profession such as academia, public service and private practice.
Worrisome developments
The new legal year activities provided an avenue for some stakeholders in the justice sector to express their feelings and concerns over the ugly developments within the judiciary last legal year. One of the stakeholders is the Attorney-General of the Federation and Minister of Justice, AbubakarMalami (SAN), who did not mince words as he spoke on the issue of conflicting decisions made by judges of co-ordinate jurisdiction at both the appeal courts and Federal High Court. He stressed that the development has become worrisome and burdensome, and tends to ridicule the judiciary. He advised that the judicial officers must move fast to stop the trend and restore the credibility of the judiciary.
On the part of the government, the AGF assured that the government will play its role to ensure the administration of justice, adding that steps should be taken to ensure that the judiciary as a component sector is not denigrated in any way.