Olanipekun Calls for Review of NJC and FJSC Membership

Chief Wole Olanipekun, SAN, has called for a review of the composition of the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC).

Olanipekun who is also the Chairman of the Body of Benchers, stated this in a paper titled, “The Allegation of Corruption in the Legal Profession: Who is to Blame” delivered at the 2022 Annual Alao Aka-Bashorun Memorial Lecture organised by the Nigerian Bar Association (NBA), Ikeja Branch held at Marriot Hotel, GRA, Ikeja.

Speaking further the respected Silk said: “My sincere position is that with what we have been experiencing in recent years, their compositions should be completely rejigged, readjusted, retooled, recast and overhauled, to bring in independent people to perform the functions now vested in the two bodies, regarding recruitment, appointment, discipline and welfare of Judges and judicial officers. This is what operates, in other climes”.

Chief Olanipekun spoke against the background of the May 3 valedictory speech of a recently retired Justice of the Supreme Court, Justice Ejembi Eko, who suggested that budgetary allocation of the Judiciary be subjected to investigation by the anti-graft agencies.

The Learned Silk made further reference to Justice Eko who also quoted the Director of Budget, Federal Ministry of Finance, to have stated recently at the memorial lecture in honour of the late Abdullahi Ibrahim, SAN, at the Shehu Yar’Adua Centre, Abuja that: “it is baffling that the welfare of Judges remains in an abject state, in spite of the increase of the budgetary allocation to the Judiciary under this regime. Why? The said Director of Budget suggested that the panacea to the often touted underfunding of the Judiciary would be for “the Judiciary to allow its books to be opened” by the relevant authorities. 

“This clearly is an allusion, albeit an indictment, pointing to the internal fraud attending to the management of the budgetary resources of the Judiciary. Nothing stops the office of the Auditor-General of the Federation, the Independent Corrupt Practices Commission (ICPC), and other investigatory agencies from “opening the books of the Judiciary”, to expose the corruption in the management of their budgetary resources. 

“That does not compromise the Independence of the Judiciary. Rather, it promotes accountability.”

One of the discussants, Yemi Candide-Johnson, SAN, said the function of the legal system cannot be achieved, if practitioners continue to destroy it with lies. He remarked that if the system is corrupted with money, it would be difficult to get justice. He regretted that some Justices of the Apex Court have failed in the description of the character of an upright Judge. “When you take oath as a Judge, it is not a game. If you can’t do it, leave it.”

A Life Bencher, Dele Adesina, SAN, said Lawyers should be courageous enough to reject forum shopping from clients. He stressed the need for the Disciplinary Committee of the NBA, to be able to sanction members as appropriate.

Dr Muiz Banire, SAN, remarked that Lawyers themselves are the cause of the problems in the Judiciary, saying, “If we don’t regulate ourselves now, it will give room for an external body to regulate us”.