A group known as the Justice
Reform Project has described the “unceremonious removal” of Walter Onnoghen,
former chief justice of Nigeria (CJN), as a signal of a crisis in the
administration of justice in the country.
Citing an order of the Code of
Conduct Tribunal (CCT), President Muhammadu Buhari suspended Onnoghen over
allegations of false declaration of assets in January.
Onngoghen, who was arraigned
before the CCT on a six-count charge, was convicted but later resigned in
April.
In a letter dated June 21 and
addressed to President Muhammadu Buhari, Yemi Candide-Johnson, convener of
Justice Reform Project, said Onnoghen’s trial led to the “collapse of
confidence” in the individuals who occupy judicial offices.
“This memorandum follows the
public announcement that Mr. President has accepted notice of retirement from
the former Chief Justice, Justice Walter Onnoghen, and your Excellency intends
shortly to nominate an additional five justices to the nation’s Supreme Court,”
the group said.
“Mr. President, there can be
little contest that the absence of effective self-regulating mechanisms for the
legal profession has played a major role in the loss of confidence in the
nation’s judiciary.
“The unceremonious removal of the
nation’s highest judicial officer was the clearest signal in recent times of a
raging crisis in the administration of justice in Nigeria, and the collapse of
confidence in the individuals who occupy highest judicial offices.”
The group also urged the
president to ensure that only those who merit it are appointed as judges of the
apex court.
It made reference to how Aloma
Mukhtar, former chief justice of Nigeria, lamented the prevalence of lobbying
and favouritism in judicial appointments at the cost of merit.
“We respectfully urge and make
the following prayers of Mr. President: instruct the attorney-general of the
federation to issue an opinion as to the quality and character of candidates
for high judicial office and the principles upon which the President will act
in making such appointment,” the letter read.
“Nigeria has long been a peculiar
jurisdiction when it comes to the appointment of Judges and Justices to
superior courts of record. While the Constitution provides that an appointee to
the highest judicial office must have no less than 15 years’ experience post
call to the Bar, and must be a fit and proper person, this could not have been
intended to result in a lowering of judicial standards to the current extent.
“The Constitutional prescription
is only an entry qualification, and that in and of itself is incapable of
producing a crop of Judges who are equipped in character and intellect to
occupy the highest judicial office in the land. Certainly, not every lawyer
with 15 years of practice experience and with an otherwise clean record is fit
for the Supreme Court even if he/she is ‘qualified’. It is an office that
demands to be occupied by persons of the highest character, and intellectual
capability.
“Your Excellency is undoubtedly
bound by the rules of law, and this you have expressed without hesitation. You
are therefore committed to recognizing the independent, impartial, competent
and effective judiciary. It is imperative that Your Excellency circumvents the
lapses in the system in forwarding any fresh nomination that may perpetuate the
same cycle that have brought us to this point in the first place. It is
critical that only the most excellent and incorruptible minds are appointed to
the bench.
“A successful judiciary is one
whose members are appointed following a rigorous process and adherence to
criteria that assess both the candidate’s legal qualifications as well as
integrity (please see Annex 1 for a detailed illustration of such criteria). |t
is crucial that only the best people are appointed to judicial positions.”
Apart from Candide-Johnson, 33
other people signed the letter.
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