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Friday 11 November 2011

Judges get six months deadline to dispose of corruption cases

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Justice Dahiru MusdapherJustice Dahiru Musdapher
Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher yesterday gave judges handling corruption cases six months ultimatum to dispose of them. 
The order, according to the CJN, became imperative following public outcry.
Justice Musdapher  ordered them to either hear and determine the cases within the period or strike them out if there is no diligent prosecution.
He spoke in Abuja at a lecture organised by the Nigerian Institute of Advanced Legal Studies (NIALS) and conferment of honorary Fellowship of the Institute on distinguished personalities.
Those conferred with the Fellowship of the Institute are Justice Walter Onnoghen of the Supreme Court, Chief Chimezie Ikeazor (SAN); Chief Bayo Ojo (SAN); Prof Francis S.L.Wang; Prof Karisu Chukkol and Prof Isabella Okagbue.
Speaking on the topic: “The Nigerian Judiciary: Towards Reform of the Bastion of Constitutional Democracy”, the CJN lamented the delay in the dispensation of justice which he identified as a major challenge in the justice delivery sector.
He attributed such delay to institutional incapacities in   facilities (especially electronic facilty), in-built delay mechanisms in the law, as well as failings on the part of some Judges, the official and private Bars, law enforcement agencies, litigants and witnesses.
Justice Musdapher said: I must make specific mention of the need for Judges to prioritise criminal matters bordering on official corruption that are placed before them. It has since been recognised that corruption is the bane of development in Nigeria. Therefore, it is imperative for all Judges to realise that these cases are extremely important to Nigerians and must be dispensed with swiftly.
“I hereby strongly advise all Judges to accelerate the hearing of such cases and ensure that they are dispensed with within six months of filing. If for any reason the prosecution is not ready to proceed with the case, then the matter should be struck out rather than leaving the public with the impression that the judiciary is not performing its necessary role in curbing corrupt practices in Nigeria. These delays cannot be tolerated any longer.”
Justice Musdapher reiterated his resolve to attain zero tolerance to corruption or misconduct among Judges.
He admonished Judges to be mindful of the fact that “A poor Judge (in terms of integrity) is perhaps the most wasteful indulgence of the community. You can refuse to patronise a merchant who does not carry good stock, but you have no recourse if you are hurled before a Judge whose mental or moral goods are inferior. An honest…, able and fearless Judge is the most valuable servant of democracy, for he illuminates justice as he interprets and applies the law…”
Quoting the words of Justice Samson Uwaifo to drive home his message, Justice Musdapher said: “A corrupt Judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. The latter can be restrained physically. But a corrupt Judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office while still being referred to as ‘honourable’.
He , however advised the public not to write baseless petitions against Judges on mere suspicion of impropriety.
He expressed optimism that the Judicial Reform Committee would come out with recommendations that would re-position the judiciary and restore its lost glory.
He envisions a judicial system that would be simple, fast, efficient and responsive to the needs and yearnings of the citizenry.
He announced the full computerisation of Supreme Court operations so as to ensure efficient and speedy processing of court documentations, fast-track compilation (and transmission) of records of proceedings and other vital documents; enable Judges; lawyers; litigants; researchers and the  public to have easy access to online legal database among other benefits.
On the appointment of Judges, Justice Musdapher pledged  support for diversify in the process. He  expressed concern about the declining intellectual depth and overall quality of the judgments of some Judges as well as the frequency with which some Judges churn out conflicting decisions in respect of the same set of facts.
He said his administration would introduce Intelligent Performance Measurement System for both judicial and non-judicial staff to weed out those who are unproductive.
Dignitaries who graced the occasion included Speaker of the House of Representatives, Aminu Waziri Tambuwal; Attorney General of the Federation and Justice Minister, Mohammed Bello Adoke (SAN); Acting President of the Court of Appeal, Justice Garuba, Justices of the Supreme Court, Justices of the Court of Appeal, Corps Marshal of the Federal Road Safety Corps (FRSC), Osita Chidoka, Chief Edwin Clark; senior lawyers and a host of others.
SOURCE: The Nation Newspaper, 11 November 2011. http://www.thenationonlineng.net/

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