The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has advised judicial officers never to succumb to either public opinion or sentiments in deciding cases before them.
Justice Ariwoola spoke in Abuja on Monday, May 20, at the opening session of a two-day workshop organised by the Court of Appeal for the review of the 2023 election petition tribunals/court and appeals.
The CJN said “political matters always tend to occupy the front burner of our adjudicatory activities as all the subsisting electoral laws have placed some time frame within which they must be heard and decided.
“Besides, the kind of attention and emotions attached to political matters in this country have collectively made our work more excruciating, painstaking and sometimes, endangering, as we are occasionally exposed to threats, especially from some elements within the political fold.
“But like I always say, no amount of threat or intimidation should make a thoroughbred judicial officer deviate from the law and pander to public sentiments and emotions, which are often misplaced.
“Most times, we see trials being conducted in the media with a view to intimidating a judge to do their bidding.
“Media trial can never hoodwink a judicial officer to begin to do what is unconstitutional and at variance with our extant laws.”
Justice Ariwoola however cautioned judicial officers against abusing their powers by engaging in the wrong application of discretionary authorities.
He said: “As judicial officers, we should be very mindful of the enormous confidence the public reposed in us and their great expectations as well.
“To whom much is given, much is expected in return. We must not rest on our oars. The onus lies heavily on us and we must guide our loins to do more to earn lasting trust and integrity.
“Our conduct and disposition must respond to the yearnings and aspirations of the generality of the citizenry.
“We are not in our respective positions to serve ourselves, but the Nigerian masses; and the best way we can serve them is by doing what will make them feel safe in our hands and also trust us to always deliver the right judgment that will not be tainted by sentiments, emotions, nepotism or other extraneous considerations.
“We should always be mindful of the fact that we stand in the place of God on earth to give judgment.
“The weight of this burden is so enormous that we cannot afford to do what is wrong, as we are all aware of what lies ahead of us when we appear before our Creator to give an account of our deed on earth, particularly the various judgments that we may have given.”
The CJN restated his commitment to ensure that bad eggs were shown the way out of the Bench irrespective of who was involved.
He added: “I have sounded it clearly and loudly, too, at different occasions that any judicial officer who conducts himself in a manner that is considered unbecoming of a judicial officer will not only be shown the way out but will equally be made to face the consequences of his actions.
“There will never be room for any sacred cow in the Judiciary, because our image and reputation deserve more crystallization and embellishment than what we are currently getting.
“This is, indeed, a task that I enjoin all of us who are directly and remotely connected with, the administration of justice in this country to take dearly and closely to our hearts; and it must reflect in our conduct and disposition.
“This is the time that we have to occupy a place of pride in the hearts of our fellow Nigerians.
“Yes, it is true that we cannot please everyone through our actions and work, but then, with the right application of the law and the Constitution of the land, which we all have collectively pledged to uphold, we can go a long way to do the things that our conscience will be proud of, and the generality of the public will be happy about.
“Once our conscience leads the way, every other good thing will naturally follow.”
Justice Ariwoola commended the organisers of the workshop, noting that it provides an opportunity for participants to closely examine all the various challenges that came with the 2023 election litigation season.
The CJN, who said he desired to bequeath a better Judiciary to his successor, expressed displeasure about the unending cases of conflicting decisions by courts of coordinate jurisdictions.
He said: “We have been treated to an unpalatable cocktail of misleading and conflicting judgments as well as frivolous interlocutory orders emanating from courts of coordinate jurisdictions which attempt to make a mockery of our judicial system.
“This is, largely, an embarrassment to our jurisprudence, and we will not take it lying low. Punitive measures must be taken against such erring judges.
“As I prepare to hand over to my successor in August 2024, by the grace of Almighty God, it is my fervent wish and desire to bequeath a robust Judiciary that will be the pride of not only Nigerians but the African continent.”
Also speaking, the President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, who noted that the 2023 election litigation season was “very, very difficult and challenging given the volume of cases filed, commended the judicial officers involved for a job well done.
Justice Dongban-Mensem disclosed that a total of 99 panels, comprising three judges each, were set up, which showed that a huge number of judges were taken out of our judicial system during the process.
She explained that the workshop was intended to review the last process, identify areas of shortcomings and work on ways to improve the process.
She hailed the judicial officers for working assiduously to determine the various cases within time, to the extent that neither any of the petitions nor the appeals lapsed.
The PCA called for the amendment of some portions of the Constitution and the Electoral Act as a way of improving on the system.
She identified some of the sections to include sections 187, 233, 246, 285 of the Constitution and
Paragraph 85(2) of the First Schedule to the Electoral Act.
Justice Dongban-Mensem noted that “some of these sections, particularly Section 285 of the Constitution, it is either they are in the process because of poor legal draftsmanship or for a desire that was not properly expressed and appreciated.”
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) commended the Judiciary for the stabilizing role it plays in the nation’s electoral process.
Fagbemi noted: “The Court of Appeal, in particular, plays a more pivotal role in shaping and strengthening our electoral jurisprudence, through the exercise of its constitutional mandate in that regard.
The AGF also commended those being the workshop, adding that he considered “the thematic focus of this workshop on the intersection law and democracy as very apt and fundamental to the understanding of the cardinal role of the Judiciary in deepening both party and electoral democracy in Nigeria.
“It is therefore my fervent hope and desire that this workshop will improve public enlightenment and understanding of the altruistic and nation-building role the judiciary plays in ensuring the integrity and credibility of our electoral processes.”
