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Chief Judge Of Nigeria Angry With Judges Using Technicalities To Obstruct Justice

Onnoghen

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen is obviously angry with some judges who are using technicalities to obstruct justice in the country, insisting that judges must not allow technicalities to stand in the way of justice in order to sustain public confidence in the judiciary.

Justice Onnoghen who spoke today, Monday, when he declared open the 2017 National Energy Workshop for Judges in Abuja,  said that the use of Alternative Dispute Resolution (ADR) would engender timely disposition of cases and encourage the judges to adopt it.

The CJN noted that the theme of the workshop: “Law and the Changing Face of Petroleum and Power Sectors in Nigeria,” is relevant in the light of the developments in the international energy market, adding that the workshop would enlighten the judges on global best practices in confronting the challenges that might arise in the power and petroleum sectors.

“Some of the notable challenges faced are in the areas of taxes, rebates, royalties, demand for corporate social responsibility and environmental disputes which require the courts to adjudicate.”

Justice Onnoghen, said however that  conflicting judgments were a necessary part of the judiciary as they helped to strengthen the system.

“Conflicting decisions, unfortunately, are necessary because when you approach a court in Lagos, your facts are stated and the facts of that case are also different in a court in Port Harcourt.

“So, the judge takes a decision based on the facts before him and the law and that is why we have the Court of Appeal who will look at the law and decide.”

He expressed confidence that the workshop would aid the justices and judges in the adjudication and resolution of lingering disputes

In a keynote address, the Acting President, Professor Yemi Osinbajo, called for measures to speed the “crawling” judicial process in the country.

Osinbajo, who was represented by the Minister of Petroleum Resources, Mr. Ibe Kachikwu, described the slow judicial process in the country as “nightmare for investors.”

“We need to evolve measures that will speed up the judicial decisions. We also need these decisions not to be too complicated for investors to easily understand,” he said.

The acting president expressed the need to align the decisions of various courts with some level of credibility to avoid complicated decisions from unnecessary “forum shopping.”

“We need to ensure sanctity of international arbitration and judges should be trained in petroleum and energy sectors so that they will be fully equipped to handle the emerging trends in the sector.”

According to him, petroleum and the power sectors provide 80 per cent of Nigeria’s revenue and over 80 per cent of foreign direct investment. [myad]