*Pix above{l…r}: PBAT and CJN Olukayode Ariwoola
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On May 29 when his administration was inaugurated, President
Bola Tinubu promised that his administration would carry out reforms that will
have far-reaching implications for Nigerians.
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Reforms in the economy sector such as fuel subsidy removal, the
floating of naira and harmonisation of exchange rate have dominated the
headlines.
However, Tinubu has, within this past one year, taken actions
that have largely gone unnoticed but which experts say hold the prospect of
repositioning the judiciary to meet the yearnings of Nigerians.
The reason for this is not unconnected to the saying that the
judiciary is the bedrock of democracy and last hope of the common man.
For instance in December
Tinubu recommended 11 Justices for appointment as Justices of the Supreme
Court.
Following their confirmation by the National Assembly, Tinubu
administration made history by becoming the first to ensure that the apex court
has full complements of 21 Justices as required by law.
Section 230 (2) (b) of the 1999 constitution (As amended)
provides that, “The Supreme Court of Nigeria shall consist of such number of
Justices not exceeding 21 as may be prescribed by an Act of the National
Assembly.”
There is no doubt that this will speed up the process of
dispensing justice in a court where some cases could last for years.
It would also ensure that all parts of the country are fairly
represented at the zenith of the nation’s litigation hierarchy.
Another major step taken by the Tinubu administration is the
move to improve the welfare of judicial officers. It is fact that in some cases
there is coloration between poverty.
This becomes more challenging when one occupies an office when
officers are tempted with financial inducement daily.
Perhaps it was against this background that on March 19Tinubu
has sent a bill to the National Assembly proposing a new structure of salaries
and allowances for judicial officers.
In the letter communicating the bill to the lawmakers, the
president said the bill seeks to end the “prolonged stagnation” of the
remuneration of judicial officers, adding that it will improve their welfare.
The letter was entitled “Transmission of judicial office
holders’ salaries and allowances bill, 2024.
The transmission was in accordance with the provisions of
section 58, sub-section two of the 1999 constitution of the Federal Republic of
Nigeria as amended,”
“I forward herein, the judicial office holders, salaries and
allowances bill, 2024, for the kind consideration of the senate.
“The judicial office holders salaries and allowances bill seeks
to prescribe salaries and allowances and fringe benefits for judicial officials
to end the prolonged stagnation in their remuneration and to reflect
contemporary socio-economic realities.
“While I hope that the judicial office holders salaries and
allowances bill 2024 will be carefully, yet expeditiously considered and passed
by the senate”, Tinubu said in the letter read by Godswil Akpabio, the Senate
President.
Bill which has been passed by the House of Representatives,
seeks to 300 per cent increase in the salaries and allowances of judicial
office holders.
Similarly, in June 2023, Tinubu signed another Constitution
alteration bill which provides a unified retirement age for all judicial
officers of superior courts of record.
The alteration provides that all pensions, allowances and other
retirement benefits of judicial officers shall be charged to the Consolidated
Revenue fund of the Federation and paid directly by the National Judicial
Council (NJC).
Judicial experts say this will address a situation where payment
of retirement benefits of state judges is left to the state governments to
handle, and in many cases, these benefits are owed or delayed.
Tinubu’s actions have attracted applause from lawyers and other
stakeholders in judiciary.
A Lagos-based lawyer, Josephine Ijekhuemen, described the
appointment of the 11 justices as “a positive development for easy and quicker
dispensation of justice.”
She said before now, the apex court was left with 10 justices
after the death of Justice Centus Nweze, and the retirements of Justices Amina
Augie and Dattijo Muhammad.
“I welcome the president’s decision to Increase the number of
justices of the Supreme Court as required by law,” Ijekhuemen said.
On the proposed increase salaries and emoluments for judges, the
human rights lawyer said the judiciary, being the third arm of government, also
deserves to be well remunerated for services rendered.
“The approval for an increase in the allowance and remuneration
of judges is equally a welcome development,” she added.
Another lawyer, Mr George Itodo, he said Tinubu, so far, had
done tremendously well by increasing the number of Supreme Court justices to
21.
He said “the appointment will ensure quick dispensation of cases
as there will be more panels to hear cases.
“There will be early hearing and determination of cases. A
situation where you have a matter at the Supreme Court and it will be going for
10 years will be a thing of the past.
“Because there will be more panels now, it makes things easier.
Cases will be quick dispensed with thereby promoting the course of justice.”
A legal expert, Mr Suleiman Lawal, urged judges to reciprocate
the adjustment in their salaries and allowances through impartial and quick
dispensation of justice.
However, some stakeholders say more still needs to be done to
make the judiciary perform optimally.
Mr Paul Daudu, the Chairman of Nigerian Bar Association (NBA),
Bwari Branch in Abuja, listed the challenges to include prolonged pre-trial
detention, delayed trials, lack of access to legal representation and poor case
management.
He said the problem also include conflicting and perverse
judgments for superior courts of record, unethical practices by some legal
practitioners and law enforcement agents, amongst others.
According to him, there is indeed the perception by ordinary citizens
that what presently operates in Nigeria is the ‘administration of law’ and not
‘’administration of justice.’
“The former being a system riddled by hybrid technicalities,
legal jargon, cumbersome adjudicatory procedure and rhetoric,” he said.
He called on the legal practitioners, as guardians of the law,
to reaffirm their commitment to upholding the rule of law and ensuring access
to justice for all.
Other stakeholders say no reform in the judicial sector is
complete without guaranteeing true independence of this third arm of
government.
“The preservation of and non-interference with, the independence
of the judiciary and the jurisdiction of the court are so important, if not
indispensable’’, argues legal luminary, Afe Babalola, in a piece entitled role
of a strong and independent judiciary in a nation. (NANFeatures)/PLEASE SHARE
