The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, says there is a need to address systemic issues that undermine the integrity of the nation’s justice system.
Speaking Wednesday in Abuja during the National Summit on Justice, the CJN listed the issues as corruption, inefficiency and undue influence.
He also stressed that upholding the independence and impartiality of the judiciary is paramount as it is the cornerstone of a functioning democracy and the guarantor of the rule of law.
Ariwoola said given the expectations from the judiciary, undertaking a holistic reform of the sector had become necessary.
He stated: “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.”
The CJN also said the judiciary must “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.”
Tinubu, NBA demand judiciary reforms
Speaking at the summit, President Bola Ahmed Tinubu implored the nation’s judiciary to embark on reforms that would ensure a functional justice system that would support a rapidly growing economy, guarantee basic human and political rights of individuals and provide security and justice to all Nigerians.
Tinubu, who was represented by Vice President Kashim Shettima, urged the judiciary to align its activities within the tenets of his administration’s Renewed Hope Agenda, particularly as they relate “To the priorities on inclusivity, fairness, rule of law, and anti-corruption stance, among other things.”
He said despite progress being made in the justice sector, “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.
In the same vein, the president of the Nigerian Bar Association (NBA), Yakubu Maikyau (SAN), said reforming practices and mechanisms for operations in the justice sector was critical to the overall economic transformation of the country.
He commended leaders in the justice sector for convening the summit.
Akpabio asks NJC to curb abuse of ex parte orders
In his speech entitled ‘Repositioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency’, Senate President Godswill Akpabio called on the National Judicial Council (NJC) to stop judges from abusing ex parte orders, especially in political cases.
The 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.
Akpabio said it was imperative for the NJC to exercise stringent oversight to curb the misuse of ex parte orders.
He said the NJC should also conduct regular audits and reviews of ex-parte orders issued by judges to ensure compliance with established standards.
The Senate president also called for prompt and decisive punishment for erring judges found to be involved in this abuse.
“We further propose that the NJC establish clear and detailed standards governing the issuance of ex parte orders, accompanied by a defined set of sanctions for violations.
“These sanctions should be severe enough to deter people from future abuses,” the Senate president added.
He said a proactive approach would help in identifying patterns of abuse early and in administering corrective measures promptly.
Akpabio also emphasised the importance of ongoing training and education for judges on the ethical and responsible use of judicial discretion in issuing ex parte orders.
Politicians, not judges, are to blame – Yadudu
A renowned constitutional lawyer, Professor Auwal Yadudu, in an interview with Daily Trust yesterday, said politicians, not judges, should be blamed for the abuse of ex parte orders.
“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.
He added that lawyers who present these motions before the judges, knowing and concealing other facts from the judges so as to get the court to grant the order, are also to blame for the bastardisation of the otherwise noble legal invention to protect against irreparable abuse of rights.
Asked if this is the practice in other jurisdictions, the legal luminary said the practice is different in other jurisdictions, adding that the idea behind ex-parte order is to protect fundamental rights that could be irreparably threatened before the conclusion of the substantive suit.
“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.”
On what can be done to address this problem, Yadudu noted that ex-parte order abuse is just one of the many issues in the justice system that need to be addressed.
He said although the NJC could not just sit back and stop judges from granting ex-parte orders, it should look at ways of providing safety measures for the sort of issues that should qualify for this order.
“For example, these are political cases. It is not like someone is being arrested, locked up, or threatened with some physical harm or deprivation of rights. The system can itself be adjusted if it has become so rampant and unrestrained,” he added.
The 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 keynote address, 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.
Analysing issues in the Kenyan and Nigerian justice sectors, specifically citing 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.
A Senior Advocate of Nigeria, Dayo Akinlaja, said ex parte orders are meant to be most sparingly issued when it becomes necessary and unavoidable to prevent the occurrence of a potential and imminent danger or injury of grave proportions and irreparable nature.
He said, “However, what we often now see is a scandalous scenario of random issuance of ex-parte orders in circumstances that are tellingly less than candid.
“The situation cannot and should not be allowed to continue unchecked. On account of this, I am in support of every legitimate mechanism that may be deployed to stem the tide of this highly distressing situation.”
Another lawyer, Emmanuel Anene, said arbitrary ex-parte orders “Can only be curbed by the NJC through the instrument of discipline or by the court itself, insisting that the other party be put on notice.”
