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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