Enormous Tasks Ahead of the New CJN

With Justice Olukayode Ariwoola formally sworn in as substantive Chief Justice of Nigeria, Alex Enumah recounts some of the challenges he needs to tackle in the two years he will be at the helm of affairs in the country’s judiciary

President Muhammadu Buhari last Wednesday swore in Justice Olukayode Ariwoola as the substantive Chief Justice of Nigeria (CJN). The swearing in followed his confirmation by the Senate on September 21, three months after his appointment by the president.

Justice Ariwoola, who was appointed as acting CJN on 27 June, following the resignation of Justice Tanko Muhammad, on health grounds, was elevated to the Supreme Court bench on November 22, 2011 by former President Goodluck Jonathan. He is an indigene of Iseyin in Oyo State.

Speaking to journalists after the swearing-in ceremony, Justice Ariwoola vowed not to let Nigerians down in overseeing the judiciary. He urged politicians vying for various offices in the 2023 elections to allow the judiciary to function properly.

The new CJN promised to pursue reforms at the apex court across several lines such as the integration of technology for easy court proceedings and by extension, speedy delivery of justice.

He said, “Politicians should allow the judiciary to function. Law is not static and that is why you have seen that the National Assembly continues to amend the laws, and it is the law that the courts apply to the facts available. We shall continue to do justice if only Nigerians will allow us to perform and function without any pressure.

“We shall make progress and advance the judiciary to benefit not only the common man but all men and women.”

As the CJN, Ariwoola would be the Chairman of the Federal Judicial Service Commission (FJSC) as well as the Chairman of the National Judicial Council (NJC), the highest organ of the judiciary. He is also the Chairman of the Legal Practitioners’ Privileges Committee (LPPC) and other powerful committees in the justice sector.

No doubt, he is assuming the exalted position at a time when much is expected from the judiciary, especially with the 2023 elections fast approaching. Many have strong reservations for the third arm of government.

This is because the judiciary, once revered, is now at the crossroads, as it is common these days to see people deriding the once revered institution.

Where judgments are not vague, incoherent and incongruous, courts of coordinate jurisdiction are churning out contradictory orders and judgments to the amazement of Niherians. There are also other allegations that judges and justices sitting on some cases are induced or that pressures “from above” are put on them to pervert the course of justice.

 To show how bad things are in the judiciary, lawyers and retired judges and justices have all joined in criticising the rot in the sector.

No doubt, with his confirmation, the new CJN has about two years to be on the saddle before he retires in 2024. This is why many analysts believe that with the years he has to spend in office, he has every opportunity to turn things around for the better in the justice sector which is seriously yearning for transformation.

 Having been on the Bench for three decades, through every organ of the judiciary from the High Court, Court of Appeal and the Supreme Court, many analysts believe that he perfectly understands the system and how to tackle the challenges in the system. 

Like other CJNs before him, Justice Ariwoola during his confirmation, was full of assurances that the independence of the judiciary would record a boost during his reign, though he lamented poor funding of the judiciary.

Incidentally, Justice Ariwoola was among the 14 justices of the Supreme Court that recently protested in a leaked memo to the former CJN, Justice Muhammad, wherein they expressed their displeasure over the current state of affairs in the court.

The justices accused the CJN of ignoring their repeated demand for improved welfare, despite the upward review of the budgetary allocation of the judiciary. They added that their poor welfare was hindering their discharge from their jobs.

The other issues raised by the justices in their protest letter are: Non-replacement of dilapidated vehicles; accommodation problems; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariffs; no increase in the allowances for diesel; and lack of internet services in residences and chambers.

As he formally mounts the saddle, one of the first things Nigerians would want to see him address is how he tackles these issues, not just in the Supreme Court, but in other court as well.

A former Justice of the Supreme Court, had once, after taking a hard look at the Nigeria’s judiciary, concluded that the institution was full of judges and justices who ought not to have been there in the first place. He lamented that the judiciary stinks of corruption, adding that until the bad eggs in the institution were flushed out, the justice sector would continue to witness retrogression. 

He wondered if it was the same judiciary that produced the likes Sir Egbert Udo Udoma, Akinola Aguda and Olayinka Ayoola whose names vibrated and reverberated across Africa. He said gone were the days when it was a pride to be counted among justices of the Supreme Court who in the days of military dictatorship, held the notorious military decrees at bay, “but now being regarded as being in the stygian chasm, pushed here and there by those who should never have been there in the institution in the first instance.”

Also awaiting Ariwoola’s attention is the time it takes to dispose cases in courts, a situation that has eroded Nigerians’ confidence in the judiciary and also fuelled jungle justice. It is believed that it takes over 15 to 20 years for cases to go from the High Court to the Supreme Court. Many analysts believe that the new CJN needs not push a legislation that will make litigants reduce the number of cases that go on appeal but the time it takes to exhaust cases. 

For a man that has been on the bench for over 30 years, observers believe that Ariwoola has all it takes to implement some tough decisions that would lead to the cleaning up of the institution. This can only be done when all the corrupt judges are exposed and dismissed from service. Interestingly, not feigning ignorance to the rot in the system, the new CJN while answering questions from senators during his confirmation, promised that he would preside over a judiciary that is strong-willed and of unquestionable integrity.

Interestingly, Justice Ariwoola at the swearing-in of the newly appointed Acting President of the Customary Court of Appeal of the Federal Capital Territory (FCT), Justice Stanley Lawal, on Friday, declared that Nigeria is at a crossroads and needs the service of honest judges who would promote the rule of law. He stated that Nigeria is currently plagued with myriad of problems that require sincere and honest interventions of judicial officers.

“At the crossroads we have found ourselves in Nigeria today, we are earnestly and passionately looking for a crop of judicial officers who will be role models that can confidently hoist the banner of honesty, integrity and uprightness. The current state of affairs in the country needs nothing short of that. You must endeavour to prove your adjudicatory and administrative ingenuity to earn a lasting reputation in the annals of the Nigerian judiciary.

“This is a mandatory exercise that requires to align the conscience of our judicial officers with good conduct, fear of God and the Constitution of the Federal Republic of Nigeria to which we have all solemnly sworn to uphold under any condition. We hear of corruption of various forms, killings, kidnappings, armed robbery, banditry, and all forms of terrorism against the state and individual citizens, the CJN said.

Having taken over the leadership of the judiciary at a time the executive arm of government is doing everything to intimidate the judiciary, observers want Justice Ariwoola not to succumb to the intimidation but defend the institution he represents. Good enough, he has promised not to let Nigerians down.

He should remember what President Buhari who swore him in a few days ago, told him at the inauguration at the Body of Benchers Complex in Abuja: “As the 2023 general election draws near, the significance of the legal profession becomes even more pronounced considering the vital roles you play in the electioneering process, both at the pre and post-election stages. I hope you maintain the position of an honest arbiter.”