At Valedictory Session, Ariwoola Seeks Expeditious Implementation of Justice Summit Decisions

*Advise governors to obey S’Court judgement on LGs’ financial autonomy Fagbemi tells states AGs

Alex Enumah in Abuja

The newly retired Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has observed that the implementation of recommendations at a recent Justice Sector Reforms Summit, would go a long way in addressing many of the challenges confronting the courts and the judiciary as a whole.

Ariwoola made the observation on Thursday in his speech, at a valedictory court session held in his honour, at the ceremonial courtroom of the Supreme Court in Abuja.

By constitutional provisions, judicial officers are not to remain in office beyond the age of 70 years.

The retired CJN who was born in August 22, 1954, in Iseyin, Oyo State, started his legal career in 1981 as an advocate before joining the bench as a high court judge in 1992.

Speaking on his experiences as a Justice of the Supreme Court and CJN, Ariwoola said, “it is crystal clear from the foregoing that something needs to be done to ensure that the Supreme Court is not unduly overburdened”.

He noted that as part of efforts at addressing this judicial porosity that the National Judicial Institute in collaboration with the Federal Ministry of Justice and the Nigerian Bar Association organized a national summit, “the summit made far-reaching decisions which will greatly assist the justice sector delivery in our country”.

While expressing beliefs that access to justice should not be regarded as an uncontrolled and unfiltered liberty to bring all forms of cases to the apex court, he warned against trivialization of the Supreme Court as a court of policy by burdening it with all manner of cases.

According to the retired CJN, the apex court in the last legal year received 1,124 appeals, with 89 political appeals. He added that, despite the huge cases on their dockets, they were able to deliver “a total of 247 judgements and rulings in civil and originating summons cases having 92 judgements, criminal appeals having 81 judgements, and 74 judgements delivered in respect to political appeals “.

Besides, the increasing number of cases filed at the court, Ariwoola lamented that some of the cases ought not to come before the court in the first place, citing the case of of twelve goats. “Yes, twelve goats were the subject of a matter that came to the apex court. What these type of cases do is to clog the system,  thereby depriving other important cases from being heard”, he said.

Meanwhile, Ariwoola listed appointments of more judges for all courts including the apex court which achieved its full complement for the first time this year, with the elevation of 11 justices to the bench of the apex court.

“It is my conviction that the right to fair hearing enshrined in the Constitution could only be meaningful when litigants have enough judges and justices to hear their cases. Justice is not a scarce commodity to be queued for. Justice without delay is inherent, natural, and constitutional. In my view, it is antithetical to the concept of justice when litigants are made to wait for years in order to have their cases determined.

“As a Justice of the Supreme Court, it was always a sobering moment for me whenever an appeal was called to be heard, and a learned counsel stood up to inform us that the appellant or the respondent was late. In effect, the litigant had died without

is appeal being determined one way or the other.

“It was for this reason that I made it a priority that no stone must be left unturned to ensure that we brought more judicial officers into the system”, he said.

He commended the executive and legislative arms of government for swiftly granting appointments recommended by the National Judicial Council (NJC), as well as making budgetary approval required to fund the new appointments.

Other achievements he listed include democratization of court administration and the signing last month of new rules of the Supreme Court. According to him, the rules regulating procedures in the apex court were those made 39 years ago, adding that they are not just obsolete but inadequate for today’s challenges.

In his remarks, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, (SAN), who thanked the Supreme Court for rescuing local governments from the claws of governors, called on states Attorneys-General to advise their various governors to obey the judgement of the Supreme Court which granted financial autonomy to Local Government Councils.

“Our government commends and remains grateful to our apex court in the land, the Supreme Court of Nigeria for living up to its status as both a court of justice and as a policy court in their landmark judgement that emancipated, liberated and set free our local government system in Nigeria from the claws, tyranny and oppression of those who had held them by the jugulars over the years which has led to almost total stagnation and absence of development and governance in our 774 local governments all over the country.

“We are not unaware of the threats and noises of reprisal by some (not all) of the principalities affected by that epic and locus classicus judgement of the Supreme Court who are threatening fire and brimstone in a matter that has been settled and laid to rest finally by our apex court. The point must be made that their action in this regard amounts to hoovering round the precinct of contempt of court.

“I urge the Attorneys- General of the affected states to educate and offer sound legal advice, even though very trite and too elementary, to their principals that there can be no appeal against the decision of the Supreme Court. They should therefore abide by the principles and the doctrines of the rule of law which is the bedrock of Constitutional democracy”, he said.

Fagbemi expressed confidence that the country shall now witness a new dawn and era of purposeful governance across all 774 local governments, and appeal to all citizens, professional bodies and associations to be alert and watchful of how the local government are utilizing their allocations for growth and development.

He also urged the law enforcement agencies to also monitor all governments and bring the full weight of the laws to bear on any erring government, ministries, departments and or agencies in confirmed cases of misappropriation and or embezzlement, particularly for those who don’t have immunities under the Constitution like our democratically elected local government executives, officers and personnel.