Between Buhari and corrupt judges

Lord Denning. In the judicial arena this name stands out like an iroko tree. A legal luminary in the truest sense of the world. His contributions to the legal profession are as significant as they are enviable. Little wonder lawyers, judges and litigants alike often quote him as if he were the alpha and the omega.
In the spirit of the season following the all Nigeria Judges Conference which was hall marked by some insightful pronouncements from the left, right and centre, it is pertinent to kick-start the issues at stake with reference to one of Lord Dennings most memorable statements.

 “When a judge sits to try a case, he is himself on trial before his fellow countrymen. It is on his behaviour that they will form their opinion of our system of justice. He must be robe in the scarlet of the red judges so as to show that he represents the majesty of the law. He must be dignified so as to earn the respect of all who appear before him. He must be alert to follow all that goes on. He must be understanding to who that he is aware of the temptations that beset everyone. He must be merciful so as to who that he has the duality which dropped as the gentle rain from heaven.”

Listening to the speakers who held sway at the judges’ conference which began on Tuesday, you don’t need to be a soothsayer or rocket scientist to discern that as our men of the bench sat there, they were themselves on trial before their fellow compatriots. Speaker after speaker ventilated their views regarding the conduct of judges in recent times. From President Muhammadu Buhari through the Chief Justice of Nigeria, Justice Mahmud Mohammed to the administrator of the National Judicial Institute, retired Justice Rosaline Bozimo, the consensus was unanimous; even though judges are generally trying their best, there are rooms for improvement.

Represented at the opening ceremony by Vice President Yemi Osibanjo, the President admonished the judges to purge themselves of the ills that have been associated with them for some time now, particularly the seemingly endless delays in the trial process. Delays in the trial process have damaged the international reputation of the Nigerian judiciary even among its international peers, the president lamented.

The President expressed concern the country’s justice system currently has a reputation for delays, usually occasioned by a combination of endless adjournments, incessant interlocutory applications and overwhelming caseloads. This situation is a huge disincentive for business.

It is not surprising therefore that Nigeria ranks near the bottom on the ease of doing business index. We are currently ranked 143 out of 189 countries by the World Bank group enforcing contract indicator.
Indeed, the global financial institution had stated in the report that it takes about 510 days on average to enforce a contract at the level of a court of first instance in Nigeria. Conversely, it takes a mere 150 days to accomplish the same in Singapore, the country ranked first on the World Bank index. In other words, what takes only between four and five month in that country could take nearly two years in black Africa’s most populous nation.

Another unpalatable situation which in the considered view of Justice Mahmud Mohammed was a big source of concern to all and sundry is the paltry budgetary allocation to the judicial arm of government. With less than one percent of the nation annual budget allocated to the Judiciary, it is difficult to refer to this arm of government as truly independent, said the Chief Justice of Nigeria.

“The Constitution prescribes the institutional independence of the Judiciary under section of its provision,” he said, adding that “section 121(3) and 162 (9) further guarantee fiscal independence for the judiciary a fact now acknowledge by the arm of government with recent resolution by federal and some state government to pay the judiciary its outstanding and future budgetary allocation as and when due.”

He, however, frowned at a situation whereby the judiciary continues to encounter a further burden of facing difficulties in accessing these paltry funds from the executive in order to function. Needless to say such lack of financial autonomy (which in turn leaves the judiciary at the mercy of the executive arm of government) is inimical to the course of justice delivery.

In a clarion call of sorts, the National Judiciary Institute helmsman, Rosaline Bozimo, drew attention to the purpose of the conference; she urged her listeners to ensure that they remain impartial in the discharge of their duties irrespective of the political party that may be in power at a given time.

From the foregoing, there is the need for government at federal and state levels to ensure that the much talked about judicial autonomy is honoured in the observance rather than in the breach for judges in particular and all other judicial official in general to be alive to their responsibilities, particularly in terms of fast justice delivery and incorruptibility.