NEWLY confirmed Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has said that it is wrong to blame the wanton corruption in the country on the judiciary, which he said is being wrongly accused of not doing enough.
Speaking at the opening of the National Dialogue on Corruption taking place at the Presidential Villa, Abuja on Thursday, he said that the Judiciary has found itself “being battered left, right and centre.”
“So, what should the Chief Justice of Nigeria say on occasion like this which will not appear as if it is in defence of his institution or shielding the bad eggs few of which I admit exists?” he wondered.
Noting that the Judiciary is committed to the effort to cage corruption, he said when dealing with corruption in the judiciary, It should follow due process.
He blamed the apparent slow process of adjudication of corruption cases on the prosecutorial agencies.
Onnoghen said: “Ask yourself; corruption, the judiciary always stands accused. In fact, it appears the paint and the brush…it seems to be an institution that epitomises corruption. That’s not fair. That’s not correct. A Nigerian judicial officer is a gentleman. You have gentlemen on that bench.
“And by the nature of that institution, the judiciary, it is crafted and designed in a way that a judicial officer can only be seen not heard. Not that he has anything to say even in defence of himself.
“So, when you are dealing with judicial corruption when one exists, you have to do it in accordance with the rule of law and then, channel whatever you have through the appropriate channels so that you don’t destroy that institution. It will do it more harm than good.
“The institution is so painted as if we are not doing enough. Yes, we can do more, but for now, you have EFCC and ICPC for instance, building all data of cases that have been successfully prosecuted in the courts of law.
“So, if the judiciary is not doing well, you find out the report card from them. That the judiciary is working in respect of cases.
“So, whatever problems that exist in the cause of prosecuting their cases, let them bring them up, identify them and let us see how best we can improve on the system and not make appear as if the judiciary is not doing anything.”
The CJN said judges cannot be pressured to make ruling that they would regret for the rest of their lives.
According to him, “When you have a shoddily investigated case, poorly executed one and you expect the judge who is under oath, judicial oath to do justice to all manner of persons without fear of favour or ill will, to respect you on balancing the scale, to convict willy-nilly, this can never be done. I can assure you of that. No judicial officer will get himself involved in that.
“Do you know why? Time is the only witness to a judicial officer. Tomorrow, these things will be reviewed. He could have committed suicide by the decision he arrived at.”
The CJN also observed that corruption thrived under impunity where the rule of law is deliberately discarded for ulterior motives.
He stated: “I will like us to realise that corruption thrives (or any other form of injustice) thrives in a culture of impunity. Wherever you have a culture of impunity, you will have corruption. Because people believe I must have this. It must this or nothing. It must be me and me alone.
“So, they throw away the constitutional provisions that have been drafted to guide our daily activities, inter-governmental, inter-personal; they throw away the principles of Rule of Law.
“But the judiciary holds these principles in care because that is the only way by which you can ensure an orderly society and ensure the good and maintenance of democracy and justice for us.
“So, if you are to fight corruption, then you fight the culture of impunity which is an attitudinal phenomenon without adhering strictly to the constitutional provision of the rule of law.
“If we allow the rule of law to reign, then you will agree with me there will be a dramatic reduction in corruption and injustice. That’s speaking for myself, that’s how I see it.”
He advised the session to look at the problem holistically in a way that will not jeopardize the judiciary.
Onnoghen stated: “So, whatever decisions the agencies would arrive at, they should not put us in a situation that later on when you know the whole truth comes out and a big mess had been committed and the man will spend the whole of his life under that kind of joke.
“It is not only demoralising, it is killing the spirit of the judiciary. So, I wish very good deliberations.”
It is not only demoralising, it is killing the spirit of the judiciary. So, I wish very good deliberations.
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