Onnoghen and the new face of judiciary

When Hon. Justice Walter S. Onnoghen took oath of office as the 17th Chief Justice of Nigeria (CJN) on March 6, 2017, the judiciary was in dire distress. Yet, with an assurance that he intends to carry on from where his predecessors stopped, modify certain areas but with the ultimate aim of having a better judiciary befitting the nation, he set out to straighten the badly dented third arm of government. This he did by introducing some reforms. First was a 13-man committee mandated to carry out a comprehensive analysis of the administrative structure and operations of the three arms of government with a view to exploring areas of comparative advantage and mutual cooperation.

Then he set up the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) led by Hon. Justice Suleiman Galadima, JSC (rtd.). The committee was amongst other directives expected to drive the National Judicial Council’s (NJC) new policy on anti-corruption war by regularly monitoring and evaluating proceedings at designated courts for financial and economic crimes nationwide.

Not long ago, COTRIMCO identified poor prosecution, absence of counsel for parties in Court, reliance on irrelevant documentary evidence, multiplicity of charges, non-adherence to Court rules\procedures, retirement\transfer of Judges, re-assignment of cases to start de-novo, and cumbersome record transmission process to Court of Appeal amid others as some of the factors militating against speedy disposal of corruption cases. These were in the interim report presented by Chairman of the Committee, Justice Galadima, at the 86th meeting of the National Judicial Council.

Earlier the CJN, disturbed by public perception on slow prosecution of corruption cases, had directed all heads of courts to compile and forward comprehensive lists of all corruption and financial crime cases being handled by their various courts to the NJC. They were further directed to designate more courts, as special courts for the purpose of hearing and speedily determining corruption and financial crimes cases, while Supreme Court of Nigeria and the Court of Appeal were to fix special date in each week for hearing and determining appeals from such cases. In the last six months, these Special Courts delivered 324 judgments, struck out 12 cases and reserved 62 cases for judgment. 

“The delay in our justice delivery system is of great concern to me as it must be to you all. This unacceptable situation inevitably dictates the need for a thorough and comprehensive reform of our justice

“The delay in our justice delivery system is of great concern to me as it must be to you all. This unacceptable situation inevitably dictates the need for a thorough and comprehensive reform of our justice sector to ensure access to justice at affordable costs and within a reasonable time…”

sector to ensure access to justice at affordable costs and within a reasonable time… In my view, a good place to start this change is the lower Courts – the Magistracy and Customary Courts. These Courts are the first contact most citizens have with the Judiciary, and most times, the only contact they would have.” That was his position at the opening ceremony of the 2017 All Nigeria Judges’ conference.

Unrelenting in the drive to enthrone justice, he has issued a directive to States’ Chief Judges including that of the Federal Capital Territory (FCT) to implement the provisions of Section 34(1) and 34 (2) of the Administration of Criminal Justice Act (ACJA) to reduce incidents of police brutality and other forms of human rights abuse. The sections provide:

Section 34(1)

The Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than prison”

Section 34 (2)

“During the visit, Magistrates may:

a.    call for, and inspect the record of arrest;

b.    direct the arraignment of the suspect;

c.    where bail has been refused, grant bail to any suspect where appropriate, if the offence for which the suspect is held is within the jurisdiction of the Magistrate.

This move was actually precipitated by a petition from a Non Governmental Organization (the Gavel). The group had in a 4th June, 2018 letter titled: The Role of Magistrates in Curbing Police Brutality Under the Administration of Criminal Justice Act sought the CJN’s intervention over what they described as the growing scourge of Police brutality and inordinate arrest, detention and extortion of innocent Nigerians by Police officers

“Thankfully, his lordship’s attention is not directed towards the bench alone as he has approved a roadmap developed by the National Judicial Institute for the introduction of Long and Short Term Courses for Judicial Officers and their support staff.”

especially the Special Anti-Robbery Squad Unit (SARS) across Nigeria. Obviously, their prayer that the CJN direct the implementation of the relevant provisions of the ACJA to forestall the ugly trend has yielded results.

Conversely, Onnoghen has ensured that the NJC took the initiative in the disciplinary aspect of its duties with so many officials dismissed, suspended or recommended for various disciplinary measures. 

Such a Reform Agenda must of necessity require the cooperation of the three arms of government, namely, the Executive, the Legislature, and the Judiciary, as well as other relevant stakeholders. Furthermore, internal cohesion and stability of the justice sector will not be complete without the contribution and input of legal practitioners and the general public.

Another area that lawyers and litigants alike find worrisome is the courts’ registries and attitude of some judicial support staff members. Corruption, unprofessionalism and general poor attitude to work has plagued this sector.

Thankfully, his lordship’s attention is not directed towards the bench alone as he has approved a roadmap developed by the National Judicial Institute for the introduction of Long and Short Term Courses for Judicial Officers and their support staff. He has since announced that “requisite structures are in place and residential courses shall soon commence in earnest.

In the meantime, efforts are being made to amend the National Judicial Institute Act, as this will give statutory backing to the proposed expansion of the Institute’s scope of activities with regard to continuing education for Judicial Officers and their supporting staff. We therefore seek the support and cooperation of the Legislature in ensuring speedy passage of the proposed Amendment Bill.”

Clearly, Chief Justice Onnoghen is setting Nigeria’s judiciary on an enviable path. L&S

“Leadership is practiced not so much in words as in attitude and in actions.”

– Harold S. Geneen