Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has called on all concerned Nigerians to come to the rescue of our justice system from collapsing due to undue influence from external forces. The CJN made the call yesterday Wednesday in Abuja during the National Summit on Justice; the CJN listed the issues threatening the justice system as corruption, inefficiency and undue influence from powerful forces. Arioola noted that upholding the independence and impartiality of the judiciary is paramount to every nation as people as it is the cornerstone of a functioning democracy and the guarantor of the rule of law.
He said given the expectations from the judiciary, undertaking a holistic reform of the sector had become necessary at this cross road where justices are fighting between keeping the integrity of the system and political influence.
He said, “Constitutional, statutory and operational reforms in the justice sector are imperative in meeting the aspirations and yearnings of the general public.
“We must critically examine our legal framework, identifying gaps and inconsistencies that hinder the efficient administration of justice.
“Moreover, we must be bold in our pursuit of legislative reforms that reflect the evolving needs of our society while upholding the principles of fairness, equality, and human rights.”
He suggested that “Leverage technology and innovation to streamline court processes, reduce delays, and improve the overall efficiency of our judicial system. By embracing digital solutions, we can enhance transparency, accountability and public trust in the administration of justice.”
NBA demand judiciary reforms- Tinubu
Addressing the gathering, president Tinubu has enjoined the judicial system to roll out laws that will stimulate economy through the guarantee of human right and security.
Represented by the Vice president, Kashim Shettima, the Nigerian leader call on the judiciary to key into the renewed hope Agenda especially the one that relate to inclusivity, fairness and rule of law.
According to him, “There is an urgent need for a functional justice system capable of supporting a rapidly growing economy, guaranteeing basic human and political rights of individuals, and providing security and justice to all.
“Justice Sector’s leaders and professionals need to find the right responses to the challenges we face through policy innovation, citizen-centred reform, systems change and legislative reform where necessary,” Tinubu added.
Commending the leaders in the justice system, president of the Nigerian Bar Association, Yakubu Maikyau, SAN said reforming practices and mechanism for operations in the justice sector was critical.
Akpabio asks NJC to curb abuse of ex parte orders
In his contribution, the Senate President, Godswill Akpabio has called on the judiciary to resist the urge of abusing an ex parte order especially in political cases.
Citing recent cases involving the former governors of Kano and Kogi states, Abdullahi Umar Ganduje and Yahaya Bello respectively had renewed the calls to address the issue.
In the case of Ganduje, a state High Court and a Federal High Court gave conflicting ex-parte orders with regard to his purported suspension as a member of the All Progressives Congress; while for Bello, a state High Court and a Federal High Court contradicted each other on the Economic and Financial Crimes Commission’s (EFCC) move to arrest him.
He therefore calls on the CJN to find a way of harmonising such blunders.
Politicians, not judges, are to blame – Yadudu
A well-known constitutional lawyer, Professor Auwal Yadudu, while speaking to journalist said politicians, not judges, should take the bulk part of the blame for the abuse of ex parte orders.
Yadudu said “To begin with, judges don’t look for people to seek ex parte orders. It is the politicians who come to them, and a courtroom is such a sacred place that those who preside over it have no right to turn away litigants without hearing them.
“Of course, ex parte orders are meant for emergencies where rights would be irreparably damaged if the party was not heard urgently, but now they are being abused by the politicians. That’s why I think it is inappropriate for those who take advantage of the system to now come and point accusing fingers at the judges,” he said.
Although, yadudu noted that there are lawyers who conceal the truth while providing fact of the matter to the justices before securing the ex parte order.
Yadudu added, “The judges are the wrong people to be accused of excessive use of ex-parte orders because people take advantage of the position of the court never to turn people away without hearing them. In this place, they are blaming the victims.
“Obviously, the lawyers were not circumspect in filing these motions. It is the politicians, in concert with their lawyers that are bringing the process into disrepute. I will think lawyers will take some of the blame.”
Former Chief Justice, lawyers speak
Former Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, emphasised the significance of the revised draft national policy on justice.
He said building a national consensus on the advancement of the justice sector had become necessary.
In his contribution, a former Chief Justice of Kenya, Dr Willy Mutunga, looked at constitutional and overall justice sector reforms in Kenya and Nigeria, and repositioning for an African justice system.
Comparing issues in the Kenyan and Nigerian justice sectors, especially the Sharia law system in Nigeria, Mutunga said the development of an Africa-based jurisprudence would go a long way in restoring people’s confidence in the judiciary.
