THE recent service directive by the Chief Justice of Nigeria (CJN), Justice Miriam Aloma-Mukhtar, to judges to pave way for quick dispensation of justice, has continued to generate mixed reactions from lawyers. Under the new directive, judges are to deliver a minimum of four judgments a year or leave the service. While many commended the CJN for her courageous display of forthrightness, candour and transparency, others felt that the directive has a lot of unresolved lacuna.
One of those who expressed this view, Kemi Pinheiro, a Lagos-based Senior Advocate of Nigeria (SAN), said although the CJN has clearly shown that she is a reformist and pragmatic CJN, she should not have set a universal standard rule. He said: “I am hesitant in applauding the CJN for setting a universal standard rule for all judges throughout the federation bearing in mind that judges in Lagos, Abuja, Port Harcourt, Anambra and some other jurisdictions do more than even 10 judgments a year. “One must, therefore, question the wisdom behind restraining the judgments to such a minimum”.
Pinheiro also picked hole with the Practice Direction for not indicating the nature of the four judgments, whether it must be that of full trial or originating summons or fundamental human rights procedures or originating motions. He said: “Clearly in my view, there is some level of lacuna in the practice direction in this regard.“My respective view is that minimum judgment be set for particular jurisdictions. In any event, I must commend the CJN for this bold and courageous initiative”, he added.
Also, Chairman of the Nigerian Bar Association (NBA), Ikeja branch, Monday Ubani, in support of this position, said a minimum of four judgments in a year for a serving judge is not cheery news. “However, it is a starting point for improvement. Our judicial system has not been performing optimally for a long time and we are grateful for an upright CJN whose intolerance for laziness and corruption in the judiciary is legendary.
“We hope and believe that this directive will be pursued to its logical end by insisting on compliance. Time will determine the seriousness of the CJN on this directive”, he added.
For Ebun Adegboruwa, the CJN has brought light and hope to all litigants, lawyers and indeed all lovers of democracy and due process. “The reforms that she has so far initiated, especially in relation to the quick disposal of criminal cases, are unprecedented and we can only pray that God will grant her the grace to continue and also to sustain it. “She has so far justified the huge confidence that Nigerians have reposed in her. “In particular reference to her directive that judges should deliver a minimum of four judgments in a year, it is a desirable goal, so far as it concerns justice delivery. But the matter goes beyond that. “We must all encourage the CJN to win the judiciary over from the frustrations of executive interference, lack of funding and poor welfare conditions of judicial officers.”
“The judiciary generally is begging for attention in the area of infrastructure. The courtrooms are dilapidated and judges, lawyers and litigants suffer under very harrowing experiences in prosecuting and defending cases in court. It is thus necessary that the conditions under which judges and lawyers work should be improved generally. The case for judicial assistants for all judicial officers is long overdue. “One can only commend those chief judges and administrators, such as in Lagos and Ondo states, who have very robust systems of research for their judicial officers. “Furthermore, it is necessary to review the Rules of the Practice and Procedure of the courts, to eliminate all instances of undue delay. When all these have been done, it will become easy to demand a minimum of even 10 judgments from judges in a year. “I, therefore, humbly urge the CJN to go beyond the very commendable requirement of the observable diligence of judges, but also to enhance their welfare and working conditions”, he said.
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