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Chief Justice of Nigeria, Justice Aloma Mukhtar

SANs who defend corrupt judges are also guilty – CJN
 
By:
Mon, 7 Jul 2014   ||   Nigeria,
 

The Chief Justice of Nigeria, Justice Aloma Mukhtar, on Monday, threw a jab at Senior Advocates of Nigeria who defend judges appearing before the National Judicial Council for corruption and misconduct cases.

The CJN who spoke in Abuja at the Judicial Reforms Conference co-organised by the National Bar Association, said such SANs were definitely “working in tandem” with the judges under probe.

She said such SANs could be as guilty as the judge they defended.

The event was with the theme, ‘Putting our best foot forward: The judiciary and the challenges of satisfying justice needs of the 21st Century’.

According to the CJN, corruption has become “a real cankerworm” in the country, adding that there are instances when as many as six judges appear for some judges facing the NJC panel.

She said, “The NJC is trying its best to ensure that those that are corrupt or that have cases of misconduct proved against them are shown the way out.

“We receive petitions and we have always tried to hear from both sides. But many times many affected judges complain that they are not given fair hearing. Some will come with as many as six SANs. Those SANs who go with them are equally guilty.

“There was one (judge) that came with about six SANs which showed they are working in tandem.”

But in his response, a senior advocate, Mr. Yusuf Ali, said though he had never defended any judge before the NJC panel, the principle of presumption of innocence entitled a person to defend himself or herself with everything at his or her disposal, including legal representation.

The CJN also lamented that many lawyers were quick to accuse the judiciary of being corrupt, yet refused to report judges who they knew to be corrupt to the NJC.

“You (lawyers) all know those judges that are corrupt. You all do but you won’t report, but you will be the one who will raise the issue that the judiciary is corrupt, but you will not do your part,” she said.

Speaking on the independence of the judiciary, she said insufficient funding of the judiciary should not be an excuse for various Chief Judges to constitute themselves as “nuisance” in Government Houses.

“We must stop interference from the two other arms of government. The constitution guarantees our independence and we should strive to establish this,” she said.

The event was organised by the NBA in collaboration with the European Union, the United Nations Office on Drugs and Crime, Access to Justice, Open Society Initiative for West Africa and the Performance Evaluation Committee of the NJC.

Speaking, the Chief Justice of South Africa, Justice Mogoeng Reetsang Mogoeng, also emphasised the need for the judiciary to maintain and enjoy its “rightful status as the third arm of the government.”

“Judiciary should not be made to look like an appendage of the executive arm of government. We have to be vigilant against whatever that could undermine our independence,”Mongoeng said.

He added that for a country to address the problems of corruption, there was the need for the judiciary to be truly and fully independent.

“Corruption has contributed to our continued enslavement in Africa,” he added.

The President of NBA, Mr. Okey Wali (SAN), said “government must recognise that the judiciary is the third arm of government.”

He therefore called on the Federal Government to obey a recent judgment of the Federal High Court, Abuja, which ordered the funding of the judiciary by the NJC independently of the executive arm of government.

“The NBA reiterates that government must recognise that it is only existence of a virile, fearless and independent judiciary that can guarantee an enduring democratic government and the maintenance of law and order,” Wali added.

The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, who was represented by Bola Odugbesan, advocated evaluation system focused on the entire judiciary rather than on individual judges.

 

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