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Corrupt Judges Must Go - Kutigi

Leadership (Abuja)

NEWS
17 June 2008
Posted to the web 17 June 2008

By George Agba
Abuja

The Chief Justice of Nigeria, Justice Idris Legbo Kutigi, yesterday declared that any judge found guilty of corruption or act of misconduct that would tarnish the image of the judiciary would be shown the way out of the profession.

He declared that the judiciary would not hesitate to throw out any judicial officer found to have compromised his exalted and respected position as no corrupt judge would escape the hammer.

Speaking in Abuja at the opening of a five-day induction course organised for the Judges and Kadis by National Judicial Institute (NJI), the CJN told the judges to adhere strictly to the code of conduct for judicial officers and other relevant laws, saying that courts in the country have been contributing immensely to promote democracy and good governance rooted in the rule of law.

He noted that the National Judicial Council (NJC) would continue to carry out its watchdog functions in order to maintain the integrity of the bench.

Kutigi said, "I must impress it on you to avoid anything that may compromise your integrity and thereby bring the Judiciary into disrepute. You owe the public unalloyed commitment to efficient and effective service delivery.

"You must exhibit due competence and diligence in the way and manner you perform your judicial functions in order to avoid delay in the administration of justice. This will then go a long way in enhancing public confidence in the judiciary.

"I must advice you against indiscreet granting of ex-parte applications for interim or interlocutory injunctions. In time past this had caused the judiciary serious embarrassment. Remind yourselves always of the provisions of Rule 2 (a) (ii) of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, which states that a judicial officer must avoid the abuse of the power of issuing interim injunction, exparte."

In her welcome address, the Overseer of NJI, Mrs. Phoebe Ayua, noted that the induction course is usually organised by the institute in fulfilment of its statutory mandate in Section 3(2) (a) & (b) of the National Judicial Institute Act, No. 28 of 1991, as amended.

She said the Act empowers the Institute to conduct study courses, workshops, seminars and conferences for all categories of judicial officers and their supporting staff with a view to expanding and improving their overall knowledge and performance.

She noted the participation of a judge from Gambia in this year's induction course, saying that the course also offers the ample opportunity for participants from different jurisdictions to interact with one another and exchange ideas on how to face the challenges of their new offices.

"The Institute is therefore charged with the responsibility of providing continuing education for all categories of judicial officers by undertaking, organising, conducting and facilitating study courses, lectures, seminars, workshops, conferences and other programmes related to judicial education," Ayua said.

She added, "The education committee of the Board of Governors of the National Judicial Institute worked very diligently to select topics that will be relevant to your Lordships. They also carefully identified the resource persons who are eminent jurists and other professionals who are experts in their own fields to come and share their wealth of knowledge and vast experience with us."

Meanwhile, the Nigerian Bar Association (NBA) yesterday bashed the presidency over the invasion of the official residence of the Chief Judge of the Federal High Court in Lagos by troops under the command of the Chief of Army Staff, just as it described the attack as reckless and brazen intimidation of the judiciary.

According to the country's body of legal practitioners, this assault on the CJ aimed at wrestling his official quarters from him was lawless, irresponsible and the bar was outraged and vehement deprecation of the incident.

President of the NBA, Mr. Olisa Agbakoba (SAN), who made this position known while speaking at the valedictory court sitting in honour of retiring Justice Sylvester Umaru Onu of the Supreme Court yesterday, asked President Umaru Musa Yar'Adua to call the troops from the Chief of Army Staff to order because they are under the presidency.

Agbakoba said, "On 30th day of May 2008, troops under the command of Chief of Army Staff under the executive arm of government invaded the official residence of the Chief Judge of the Federal High Court in Lagos vis et armies with a view to wrestling the official quarters from him. Excuses and defences have been given for their reckless, brazen intimidation of the judiciary.

"It is a serious interference with independence of the judiciary. The office of the Attorney-General of the Federation is yet to address this breach of the rule of law. It is unfortunate that in Nigeria of 2008, the official quarters of the Chief judge was allegedly auctioned. It is shameful that the chief registrar of the court was forced to institute a court action in his own court to ward off the reckless, lawless and irresponsible intruders."

Agbakoba further said, "The Bar is outraged and vehemently deprecate this incident. The president and commander-in-chief must call his troops to order and cause Army high command to apologize to the judiciary."

In what appears as a way of chiding the president and the Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), for not practising what they preach, the NBA boss said, "The adoption of the rule of law as a cardinal policy of President Umaru Yar'Adua is the adoption of the most significant pillar of democracy and good governance.

"Rule of law is not limited to public announcement of obedience to judgements and orders of the courts. It is more than that. It is more than sloganeering and political statements at public functions. Rule of law envisages that every person, body or authority would obey, respect and submit to the constitution of the Federal Republic of Nigeria to ensure fairness, due process and good governance."

Agbakoba went on to advice that there must be a deliberate national policy to walk away from lawlessness, disrespect and acts of impunity prevalent during the military era.

He said, "It is my view that there must be established in the minds of all Nigerians that the law is superior, no matter the status, rank office or position we may occupy. Government must establish a structural framework or institution for monitoring and reporting violations of the constitution, laws, regulations and due process.

"Institutions rather than individuals must be strengthened and laws that promote good governance, rule of law and efficiency be enforced strictly. All violations must be seriously dealt with so as to teach a lesson and deter people who believe they are above the law."

Earlier, the Chief Justice of Nigeria, Justice Idris Legbo Kutigi, showered encomiums on the retired justice of the Supreme Court, Sylvester Onu, whom he described as an epitome of hard work, dedication, honesty, integrity and selflessness.

He said Onu "was guided by tenacity of purpose, strong determination and uncommon courage towards the successful pursuit of his chosen career. He was of great assistance to this court, especially in his careful, methodical and thorough investigative approach while determining cases.

"His judgements have tremendously edified the subject matters with which they dealt and have become reference points among the practitioners and teachers alike. His knowledge of the law over a very wide field, his long and extensive experience in its administration and his capacity for quiet consideration, sound and intelligent judgment make it a delight to always sit on the same panel with him."