Change Judiciary’s Negative Perception, CJN Urges Judges
The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has urged stakeholders in the justice sector to work on changing the growing negative perception of the judiciary in the public domain.
Kekere-Ekun made the call on Monday, in Abuja, while declaring open the Court of Appeal 2024 Justices Annual Conference, themed “Judicial Introspection.”
The CJN noted that while the National Judicial Council is readily available to take complaints against judges, the council will also not entertain frivolous complaints against judges.
She said, “There is a growing negative perception of the judiciary. We must all individually and collectively work towards changing this negative perception and I must say that at the last meeting of the NJC, we did state when the press release was made, that while the court will look at the complaints, we will look into genuine complaints as we also stand to support our judges and justices.
“We are looking at ways to make sure that where frivolous allegations are made, there are consequences.”
Addressing the growing trend of conflicting court orders, the CJN noted that it has become an issue of great concern in the judicial community.
She added that one of the reasons conflicting decisions have become prevalent in the judiciary is due to inadequate conferences held as conferences gives the opportunity for opinions and shared decisions.
She said, “Now, the issue of conflicting decisions is one of great concern in our community at present time, and one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserved judgments. It is strongly recommended that conferences be held.
“I cannot overemphasise this point. We are an appellate court for a reason, and the reason is that several heads are better than one. So holding conferences, and exchanging opinions and ideas on matters that come before us is extremely essential.
“It is also important that these conferences are held in good time so that where there are conflicting opinions, they can be discussed before judgments are given. It is also important to thoroughly examine the judgments of the trial courts, and the reasoning for those judgments before they get to the Court of Appeal. We have a recent decision or a case where a wrong interpretation was given to the decision of this court that informed the decision of the trial court.”
The President of the Court of Appeal, Justice Monica Dongban-Mensem, in her speech as the host of the conference, hailed the usefulness of technology in the judiciary and the day-to-day activities of humans.
She, however, noted that while Artificial Intelligence is helpful and encouraged, its adoption in the judicial system should be for adjudication and not for the replacement of judges.
She said, “The emergence of social media has profoundly transformed the dynamics of interpersonal interaction, communication, and information dissemination, yielding significant improvements in the efficacy and scope of human connection. Nevertheless, this technological shift has also generated a range of challenges for the judiciary, including the management of online reputation, cyber-bullying and harassment.
“The preservation of the integrity of digital evidence in the context of legal proceedings is now a thing of concern. To effectively navigate these complexities, it is only appropriate for the judiciary to engage in a process of regular intellectual upliftment. A regular examination of existing practices, procedures, and policies to ensure their efficacy, efficiency, and fairness in the digital age is imperative.
“The increasing integration of artificial intelligence (AI) within the judiciary has the potential to revolutionize the administration of justice, enhancing efficiency, improving decision-making, and expanding access to justice. However, the deployment of AI in judicial contexts also raises profound questions regarding bias, transparency, and accountability. To address these issues, the judiciary must carefully examine its utilisation of AI and ensure that adoption is as an adjudicatory tool and not a replacement of the judge.”
The Attorney General of the Federation, Lateef Fagbemi (SAN) on his part harped on the necessity for judicial independence stressing that a truly independent judiciary, free from undue influence or pressure, is the cornerstone of a democratic nation.
He said, “It is trite that each of the independent three arms of government exercises separate powers, but the emphasis has always been on judicial independence, which is a major cornerstone or bedrock upon which the rule of law and our democracy rests.
“We must acknowledge that challenges to judicial independence persist. These challenges can come from various sources, including political interference, public opinion (especially perpetrated on social media), and even well-intentioned efforts to improve the justice system. It is however imperative that we remain vigilant and steadfast in our defence of judicial independence”.
The chairman of the Body of Benchers, Adegboyega Awomolo (SAN), in his address, urged stakeholders in the judiciary to pay no mind to the National Bureau of Statistics data on the corruption rating of the Nigerian judiciary stressing that the data is unjust, unverified and contentious.
He said, “We need not be unduly perturbed by the unjustified, unverified and contentious data of corruption issued on the Nigerian Judiciary by the National Bureau of Statistics. It is unworthy of attention.
“I can attest to the fact that in the Nigerian judiciary are some of the finest characters and our best legal brains on whom no price tag can be attached. Our judges and justices are the greatest assets of our nation. We must continue to accord them the highest honour, respect and dignity.
“The Image of the judiciary is too important to a democratic society to allow it to be tarnished in any way by any act of impropriety by any members of the Bar or Bencher. Now is the time when everyone should be made to account and be responsible for what is attributable to him
“The Body of Benchers urges Judges/Justices to be bold, courageous and focused. Rising from the judiciary introspection there must be a recommitment to the best values of the judiciary as an independent arm of government, where judgments will deliver justice irrespective of whosoever is concerned, where no one will be oppressed and where freedom and liberties of citizens are secured and protected.
Former AGF, Chief Kanu Agabi (SAN), while delivering the keynote address, charged the NJC to be a body that defends judges and not condemn them.
He also tasked the judges to begin to write their own stories rather than allow others to write them for them who tend to shed light on the negativity and their weaknesses.
He said, “You judges are not writing your history. Your enemies are writing your history and giving you bad names. The CJN is right here, begin to write your histories. Let the judicial Council be a body that defends judges. Don’t let your enemies write your histories.
“Be aware that you are in a nation where corruption has permeated every aspect of it. You live and work as judges where nothing is predictable. Politics is perceived as a game of deception. The end justifies the means. We try to fight falsehood with falsehood. The nation is divided. Nothing has aided or facilitated the togetherness of the nation. What can the judiciary do to aid a divided nation? A citizen cannot go to another state to seek employment.
“The social media is a platform for attacking judges now. Matters are now taken to social media before the NJC.
“The NJC is not a body for prosecuting judges, it should be a body for defending judges. There should be an opportunity to dismiss frivolous applications before they see the light of day. This is not a time to proclaim the weaknesses of the judiciary. No matter what people say, it is our duty to be sympathetic of our judgements on them and not harp blame on them”.
