CJN Ariwoola Restates Judiciary’s Commitment to Strengthening its Independence
The CJN spoke at a workshop with the theme: “Judicial Independence and Judge Craft,” organised by the National Judicial Institute (NJI) in collaboration with the Forum Against Counterfeiting (FAC), in Abuja.
The CJN said despite significant progress made in attaining judicial independence, more still needs to be done.
He said: “Ongoing and sustained efforts, are still required to address the challenges faced. We will not relent in seeking better options and actions, that will ensure that the Nigerian Judiciary remains a strong, impartial and independent arbiter of justice and the rule of law”.
The CJN added that Judges must also boost their capacities, as a way of restoring confidence in the Judiciary.
He said: “The act and science of judging requires deep and contextual understanding of the law, commitment to do justice, and the innate ability to apply legal principles to complex and often vexatious issues without fear or favour”.
“I must also reiterate that the substantive requirements of judicial independence, judge craft and the art of judging are built around public expectations for Judges to decide matters before them fairly, impartially, and on the basis of facts.
“Such decisions must go in accordance with the law, without restrictions, improper influences, inducements, pressures, threats or interference, directly or indirectly, from any quarter of for any reason.”
Global Chairman of FAC, Chief Anthony Idigbe, SAN, spoke on the use of technology in case management to achieve efficiency. He referred to Grudin’s Law, which suggests that when those who benefit from a technology are not those who do the work, the technology is likely to fail or be subverted. According to him, digital transformation is not about technology, but people and processes. He gave tips as to how the people issues in digital transformation in the Judiciary, can be resolved.
Idigbe, Senior Partner at Punuka Attorneys and Solicitors, said FAC is focused on promoting the rule of law generally, but with a particular focus on anti-counterfeiting.
NJI Administrator, Justice Salisu Abdullahi, described the pursuit of justice as the cornerstone of any thriving democracy.
He said: “It is essential that our judicial system operates with utmost efficiency and effectiveness, to uphold the principles upon which our nation was founded”.
“In this light, concerted efforts must be made towards the timely resolution of cases, the streamlining of legal procedure and the elimination of unnecessary delays.
“It is imperative that we ensure that justice is not only done, but is done in a manner that respects the rights and needs of all parties involved, as swift justice instills confidence in our legal system.
“The theme of this workshop could not have come at a better time than now, as it is designed to afford the Justices and Judges the opportunity to appraise the judicial system and consequently, suggest conventions for improvement.
“As society evolves, we must continue to be dynamic and pragmatic, in order to adequately address the conflicts that will inevitably arise, bearing in mind that the only constant thing in life is change.
“In order to achieve efficiency and effectiveness, we must invest in technology, case management, continuing judicial education and access to justice, among others.”
Hon. Justice Amina Augie, JSC (Rtd) noted that the power of the Judiciary lies in the confidence the people have in its activities and decisions, which every Judge must protect.
“We need to be able to show that justice is not only done, it is seen to be done, and that in the judgement you write, in whatever you are doing, they are able to see and trust that you are doing the right thing, and that you are deciding fairly”, she said. She added that it is the process of creating the type of judgements that sustain public confidence in the system, that constitutes the art and craft of judging.
Drawing from her experience, Justice Augie noted that judgement writing is tedious and requires commitment on the part of a Judge, to be able to weave together all the issues involved in a case and deliver a lucid verdict. She cautioned against Judges allowing others to write judgements for them, noting that a Judge’s judgement reflects who he is.
A Judge of the National Industrial Court, Justice Nelson Ogbuanya, urged the Judiciary to reassess its communication strategies to change some public perceptions that are misconceived.
He said: “The Nigerian Judiciary gained notoriety for adjournments and delays, not because every court or every Judge is involved, but because that is the posturing that has been communicated and perceived by the people”.
