The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun and the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN) have assured that those involved in making frivolous and unsubstantiated allegations against judges in the country are visited with appropriate sanctions.
While Justice Kekere-Ekun said the National Judicial Council (NJC) was currently woing on ways to ensure that where frivolous complaints are made against judicial officers, there would be consequences, Fagbemi said those involved would be brought to justice.
They spoke in Abuja on Monday at the 2024 Justices of the Court of Appeal’s annual conference, with the theme: “Judicial introspection.”
The CJN, who declared the event opened, noted that “There is a growing negative perception of the Judiciary. We must all, individually and collectively, work towards changing negative perception.”
She disclosed that the NJC, at its last meeting, resolved that while it will always look into genuine complaints against judges, it will also stand to support judicial officers where frivolous complaints are made.
Justice Kekere-Ekun added: “And, we are looking at ways to ensure that where frivolous allegations are made, there are consequences.”
She expressed concern about the recurring incidents of conflicting judgments at the Court of Appeal and suggested how to address it.
The CJN said: “Now, the issue of conflicting decisions is one of great concern in our community at present time. And, one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserved judgments.”
“It is strongly recommended that conferences be held. I cannot overemphasise this point. We are an appellate court for a reason, and the reason is that several heads are better than one.”
“So, holding conferences, exchanging opinions and ideas on matters that come before us is extremely essential.”
“We have presiding justice here. And if it has not been your practice, I want to appeal to you that you start making it a practice. It is a very, very essential tool in the work that we do.”
Th CJN commended the Justices and supper staff for their achievements in the last judicial year and urged them to rededicate themselves for the task of ensuring enhanced access to justice for all.
She said: “While we celebrate our achievements, we must remain conscious of the challenges facing the Judiciary – cases backlogs, funding constraints and public perception of judicial inefficiency – are of significant concerns.”
“However, I believe that through introspection we can develop innovative strategies to tackle these issues internally.”
“For instance, by leveraging technology to streamline case management and enhancing the use of alternative dispute resolution mechanisms, we can improve efficiency and accessibility.”
“Additionally, introspection compels us to reaffirm our commitment to ethics and accountability, ensuring that our actions remain above reproach,” Justice Kekere-Ekun said.
Fagbemi identified the Judiciary’s contributions to the continued sustenance of the nation’s democracy and urged it to ignore distractions and attempts to compromise it’s independence.
He pledge his support to ensure that the Judiciary has all its requires to functions effectively.
The AGF added: “For those who are disparaging the Judiciary, I can assure you, and I seize this opportunity to make this pledge, that they will be brought to justice, or like the Americans would say, we will take justice to them.”
Fagbemi noted that challenges to judicial independence persist, which come from various sources, including political interference, public opinion (especially perpetrated on social media), and even well-intentioned efforts to improve the justice system.
He added: “It is however imperative that we remain vigilant and steadfast in our defense of judicial independence.”
The President of the Court of Appeal, Justice Monica Dongban-Mensem explained that the conference is intended as a unique opportunity for introspection, knowledge-sharing, and growth among stakeholders.
She noted that judicial officers occupy a position of paramount importance in the administration of justice with their decisions exerting a profound impact on individuals, communities, and society at large.
She added that nevertheless and despite their expertise and experience, judges are not immune to the limitations inherent in human decision-making, including errors, biases, and prejudices.
“To address these limitations and ensure the delivery of justices, judicial introspection offers a mechanism for self-reflection, in-depth analysis, and ongoing improvement.”
“The emergence of Social Media has profoundly transformed the dynamics of interpersonal interaction, communication, and information dissemination, yielding significant improvements in the efficacy and scope of human connection.”
“Nevertheless, this technological shift has also generated a range of challenges for the judiciary, including the management of online reputation, cyber-bullying and harassment.”
“The preservation of the integrity of digital evidence in the context of legal proceedings is now a thing of concern. To effectively navigate these complexities, it is only appropriate for the judiciary to engage in a process of regular intellectual upliftment.”
“A regular examination of existing practices, procedures, and policies to ensure their efficacy, efficiency, and fairness in the digital age is imperative,” Justice Dongban-Mensem said.
Former AGF, Kanu Agabi (SAN) and the Chairman Body of Benchers (BOB), Adegboyega Awomolo (SAN) decried what they perceived as the undue denigration of the Judiciary, arguing, among others, that judicial officers were being unjustly vilified
While Agabi, in his keynote address, noted that Nigerian judges were functioning in a precarious environment where absordities were becoming the norm, Awomolo argued that the faults of a few bad eggs could not be used to assess all.
The ex-AGF accused the society of playing the ostrich in its unwarranted denigration of the Judiciary, noting that “it is we who tempt the judges, yet, we are the one who condemn them when few of them succumbed to these temptations.”
Agabi urged the judges to be mindful that “you live and work in an age where corruption has permeated every department of the nation.
“Dictatorship would never have taken root in our country if corruption had not first, permeated every department of it.”
“That corruption can, by no means be blamed on judges, even though and insignificant number of judges have left themselves to be implicated in it.”
“You live and work as judges in time when nothing is predictable; a time when patriotism at a low ebb, and the nation is stigmatized as an artificial creation.”
“We have a total misconception of democracy as the right to do as one pleases without the rights of others.”
“Politics is perceived as a game of deception, the end justice the means. We proceed on the false assumption that politics without fraud cannot produce result, we aim at being strong in numbers without being strong in spirit and in truth. What can judges do in such a situation?”
“We strive to fight falsehood with falsehood, but at the end, it is falsehood that is triumphing. Life is no longer sacred. We have reach that point at which Babylon was when bricks were worth more than life.”
“That is where we are in this country, where power and wealth are everything and life is nothing. You blame that on the judges, no!.” Agabi said.
He urged the NJC not to limit itself to disciplining erring judges, but should also act at their mouthpiece and protect them against undue vilification from the public.
