The National Judicial Council (NJC) rose from its 108th meeting at the end of April, with some decisions many agree seem to mean the Council has woken up from a long slumber and is keen to ensure discipline among judicial officers.
There is no doubt that confidence in the judicial arm of government has suffered an immense drop in the last several years because of bad behaviour by some officers considered to be unbecoming of their status as the last hope for the common man. While they are expected to dispense and administer the law, many of them have seemed to behave as if they are above the law themselves and they do not show respect even to their colleagues who have delivered rulings or judgements on some matters.
Citizens looking in from outside have wondered whether the NJC was unaware of what was going on among its judges and it was either ignoring the affairs or just did not see them the way outsiders were seeing them.
One of the decisions during the last meeting was the suspension of three judges for one year without pay. Some of them were also placed on the watch list for some years and barred from elevation during the period.
NJC also directed the governor of Imo State to reverse the appointment of the acting Chief Judge of the State, while asking the said acting Chief Judge to show cause why disciplinary action should not be taken against him.
The NJC further empanelled nine committees to investigate 27 judicial officers for allegations of misconduct and it dismissed 29 petitions and issued a letter of caution to a Federal High Court Judge.
These decisions by the NJC are seen as a positive step by the leadership of the nation’s judicial system to sanitise the judiciary and purge it of allegations of corruption and political leanings. Such decisions may also serve as a key step towards holding judges accountable for their decisions and utterances.
One other decision by the NJC is that names of candidates being considered for appointment as judicial officers to superior courts of records will be published for information and comments by the public.
The primary objective of this initiative is to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates. This opens the process to public participation and scrutiny.
Not everyone though, is satisfied that even with these major decisions, the NJC has done enough to put the judiciary on the proper pedestal.
The former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, did not think the suspensions handed down to the judges by the NJC were enough to foster the needed discipline in the arm of government, accusing the Commission of being “deeply complicit in judicial corruption”.
According to him, “NJC is handing out irresponsible slaps on the wrist of corrupt judges with utter disregard for their effect on judicial integrity”.
Odinkalu says the NJC as currently constituted is part of the problem not part of the solution, and believes that “if a judge can behave with such manifest impunity and disregard for the basic rules of judicial comportment as these two and still remain a judge – that’s what suspension for 1 year means – what would it take for a judge to be relieved of their position? May be commit murder….?”
While these are very strong words, one cannot really understand why only three judges were suspended and none dismissed with the myriads of petitions and allegations against some of them that have been in the public domain.
In other climes – and it was in Nigeria until a while back – judges are revered and considered above corruption. Judges were mostly not seen in public, but it is almost commonplace now to see judges at parties, eating and drinking and dancing openly to music.
The National Judicial Council is created by the 1999 Constitution of Nigeria, with the responsibility for the appointment, promotion and discipline of judicial officers. It is expected to ensure that it protects and preserves the sanctity of the Judiciary, while fostering a justice system that is fair, speedy and meets the hope of all persons.
Many Nigerians will not agree that the judiciary has played these roles diligently or have met the expectations of all as the last hope of the common man. Of course, there are problems regarding its full independence from the executive arm of government and from politics, as well as funding, federal character and the enabling comfortable environment to dispense justice as it should be.
But without the right direction from the NJC and qualified officers to prove to Nigerians their independence, there is no way the Commission can achieve the set goals of an entrenched and preserved independent judiciary that is committed to the rule of law, financially autonomous, pro-active and vibrant.
The NJC needs to prove to Nigerians that that it has judicial officers and staff with proven integrity and impeccable character, and that the courts are manned by officers with various background, discipline, experience and competence that cannot be influenced by money, politics, ethnic and religious orientation.
The NJC led by Chief Justice Kudirat Kekere-Ekun needs to set the tone. And quickly, too!
