Osigwe SAN Calls for Appointment of Academics and Lawyers as Supreme Court Justices
Afam Osigwe, a Senior Advocate of Nigeria and former secretary of the Nigerian Bar Association, shares his insights on the inadequate welfare of judicial officers, prison overcrowding, and the slow dispensation of justice among other issues
Reflecting on Justice Muhammad Dattijo’s retirement speech where he cited the excessive power of the Chief Justice of Nigeria, what are your thoughts on this?
During the Nigerian Bar Association’s 2011 conference in Port Harcourt under J.B. Daudu’s leadership, recommendations were made to amend the constitution to remove the CJN as the head of the National Judicial Council. My support for this position is implicit, with the suggestion that the CJN should instead lead the Federal Judicial Service Commission. It is imperative to dilute the power of the CJN in appointing a larger percentage of members, allowing independent bodies and civil society organizations a greater say in the appointment process to the Federal Judicial Service Commission.
I have always noticed the anomaly of the Chief Justice of Nigeria chairing the FJSC to recommend justices for appointment to the NJC for consideration, and then presiding over the NJC to deliberate on recommendations made by the FJSC which he also chairs. I advocate for a more balanced distribution of power regarding the CJN’s authority. Amendments to this effect should be recommended to the National Assembly, including a focus on the composition of the FJSC and NJC to ensure their independence.
The reduction in the number of Supreme Court justices to 10 following Justice Dattijo’s retirement warrants concern. The proactiveness of relevant bodies in recommending appointments to the President for the filling of these vacancies must be addressed. The current practice of appointing justices from the Court of Appeal leads to rapid turnover, necessitating a broader appointment process to include academic and private practitioners, and even High Court judges based on merit, and emphasizing longevity in service at the Supreme Court.
Diversifying the pool of potential justices to include legal practitioners and law professors will enhance the expertise of the Supreme Court, addressing concerns about their understanding and capability at that level.
The government’s failure to replace justices from two regions before the election tribunal, as mentioned by Justice Dattijo, calls for reflection. However, ensuring regional representation on the Supreme Court should not overshadow the substance of the court’s decisions, which should be based on the law and facts rather than regional considerations.
In addressing the growing number of post-election litigations and political cases, efforts should focus on promoting internal democracy within political parties, discouraging intra-party litigation, and exploring alternative dispute resolution mechanisms. Additionally, the legal profession’s criteria for the award of the rank of Senior Advocate of Nigeria should be revised to discourage the practice of indiscriminately escalating cases to higher courts to fulfill eligibility criteria.
Furthermore, the judiciary’s welfare package, particularly for judges, is inadequate and long overdue for review, which will require a proactive approach to address. This issue extends to magistrates, who are poorly funded and need improved support from state governments. Although financial constraints are a concern, prioritizing the welfare of judicial officers remains critical in upholding the rule of law and ensuring efficient dispensation of justice.
The congestion of correctional facilities and the extended detention of individuals awaiting trial underscore the need for criminal justice reform. The prosecution and remand of individuals without following due process contribute to this crisis, necessitating a comprehensive review of the criminal justice system to mitigate unjust incarcerations.
Creating specialized courts may not effectively address the core issues, as evidenced by previous initiatives. Instead, concerted efforts should focus on optimizing the existing judicial framework and enhancing the functionality of the courts to deliver justice efficiently, thereby fulfilling the mandate of the judiciary.
The Nigerian Bar Association plays a pivotal role in advocating for the rule of law, serving as a critical platform for legal professionals. It has contributed significantly to shaping legal discourse and engaging with the government while upholding non-partisanship, thereby maintaining its relevance in Nigeria’s democracy.
Finally, the legal profession must acknowledge its role in contributing to case delays through frivolous applications and unnecessary litigation. Addressing this issue requires a concerted effort by the legal community to uphold ethical standards and prioritize the expeditious resolution of cases.
In conclusion, the Minister of Justice should spearhead vital reforms to rectify the existing challenges within the justice system, including working collaboratively with the judiciary to ensure effective justice sector reforms and address the long-standing issue of judicial salaries and allowances.
