The Chief Justice of Nigeria, Justice Mahmud Mohammed has confessed that the country’s judiciary is not independent as it is supposed to be.
According to him, judiciary cannot be said to be independent in a country where only one percent of the national budget is given to the institution.
Justice Mohammed, who spoke today at the opening of the 2015 All Nigeria Judges’ Conference at the National Judicial Institute in Abuja, begged the Executive and the Legislature to ensure the proper independence of the Judiciary as it is the last hope of the common man and the only independent institution in any democracy.
The nation’s chief Judge said that in keeping with the aim and objective of the National Judicial Institute, the 2015 Conference accord participants the avenue to discuss and disseminate information about any part of its activities to the extent deemed justified by the Board of Governors generally as a contribution towards knowledge.
This was even as President Mumammadu Buhari, represented by Vice President Yemi Osinbajo called for a comprehensive agenda in order to reform the country’s judiciary.
“I have to admit that reforming the current system must extend beyond the judiciary and necessarily include reviewing laws, institutions, processes and procedures that inhibit speedy justice delivery.”
President Buhari insisted that Nigerians needed to re-orientate and improve the attitude of legal practitioners and the legal profession in general.
He said that as part of the review and reformation process, “there is the need to streamline the jurisdiction of the Supreme Court to focus on key constitutional issues, novel questions of law and current areas of its original jurisdiction. This is obviously due to leeway given to almost every case filed in any level of the court system from any part of the country to rise on appeal to the Supreme Court.
“While it is undeniable that the Judiciary continues to make incremental progress in playing its constitutional role, urgent reforms therefore remain imperative in several areas.”
On timely dispensation of justice, President Buhari said that the justice system currently has a reputation for delays, occasioned by a combination of endless adjournments, incessant interlocutory applications and overwhelming caseloads.
“On the point of negative perception, there is both local and international dissatisfaction with the long delays in the trial process. The reasons for the delays or outright inaction in such matters are sometimes beyond the courts, and in several cases, are the consequences of shoddy investigation, outmoded rules of procedure, poor prosecution or unprofessional practices of counsel. The Judiciary must however play its role in ensuring that its internal processes are promptly improved and made ready to expedite trials.”
Buhari acknowledged the negative consequences of delayed justice and its effect on the economy, saying that the ability to enforce contractual obligations and resolve disputes is an essential consideration for intending investors, both local and foreign, in deciding where to put their money.
On recovery of stolen funds by public officials, he said that official corruption is an egregious crime against humanity because it is the primary cause of poverty which accounts for the large preventable deaths in the country.
He stressed that such should be a matter of concern of all, adding: “government’s attempt to recover assets in accordance with the law is often faced with dilatory tactics by lawyers. These tactics are often not directed at reaching any conclusion or affirming innocence or guilt, but at stalling trials indefinitely.” [myad]
