Tuesday 20 September 2011

Petitions flood NJC against judges -CJN •Admits all is not well with judiciary

THE acting Chief Justice of Nigeria, Justice Dahiru Musdapher, on Monday made a startling revelation when he claimed that the National Judicial Council (NJC) received about 40 petitions against judges at every meeting. Justice Musdapher also made known the policy direction of his tenure, while disclosing that he would consider a proposal to divest the NJC of its constitutional power to remove judicial officers from office.
Justice Musdapher, who stated this during a special session of the Supreme Court to mark the commencement of the 2011/2012 legal year, admitted that all was not well with the judiciary, adding that he would do everything possible to bring sanity to the system.
According to him, “currently, the National Judicial Council considers about 40 petitions or complaints against judges at every meeting. Considering the other responsibilities of the council in formulating broad policies for the judiciary, as well as judicial appointments, it appears worthy for us to consider the merits of creating a separate institution to specifically deal with complaints/petitions, discipline and removal of judicial officers.
“ I feel it is necessary at this point to strongly advise that those who cannot sustain true allegiance to their judicial oaths and abide by all the demands of the code of conduct for judicial officers to bow out immediately. Henceforth, there shall be zero-tolerance for judicial corruption or misconduct.
“We have also identified the lack of a comprehensive National Judicial Policy and Development Plan to serve as a guide for steady judicial administration and planning. Work is already in progress to ensure that a document to serve the needs of the judiciary over the next decade is prepared.
“A Judicial Reform Committee shall be formed to look into the problems and proffer solutions that shall be implemented immediately. In the interim, we are working with the executive and the legislature to make several amendments to the constitution and other laws to enhance judicial efficiency and probity.
“Significantly, we are of the view that Section 233(2) of the Constitution of the Federal Republic of Nigeria (as amended) must be revised to compulsorily require the leave of the Supreme Court before an appeal may lie from decisions of the Court of Appeal.
“The initiatives enumerated above were conceived to guarantee that frivolous appeals do not continue to clog our cause list, thereby causing undue delays and backlogs.
“The degeneration of the healthy working relationship between the Bar and the Bench has served a necessary link in the symbiotic efforts to bridge the gap between law and society. This link must be restored immediately.”

Source:  Nigerian Tribune

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