RIDDING JUDICIARY OF BAD EGGS

The recent suspension of some errant Judicial officers is commendable

Desirous of weeding the judiciary of bad eggs, the National Judicial Council (NJC) has lately had to take some bold and commendable decisions. Last week, three judicial officers were suspended for misconduct while the appointment of an acting Chief Judge for Imo State was reversed. The three judicial officers suspended for one year without pay are Jane E. Inyang (Court of Appeal, Uyo Division), Inyang Ekwo (Federal High Court, Abuja Division) and Aminu Baffa (Federal High Court, Zamfara Division).

Justice Inyang was found to have abused her office by issuing inappropriate exparte orders for the sale of a petrol station and other businesses at the interlocutory stage of a case before her. With that, she refused to give the aggrieved party a fair hearing. Justice Ekwo was also said to have delivered a ruling in a pending application without hearing the parties. He allegedly ignored an application to set aside the proceedings of the court conducted in the absence of the parties. Subsequently, he proceeded to deliver a ruling dismissing the charge against the defendants.

 These are serious infractions that could end the career of judicial officers in other climes. But while we understand the point the NJC is making with their suspension, there are concerning issues. To subject judicial officers to non-payment of salaries for an entire year may lead to actions that could further compromise their integrity as impartial arbiters. Whatever the case, the NJC deserves commendation for waking up from its slumber to confront the rot in the judiciary. In so doing, the council has sent a clear signal to judges that it isn’t going to be business as usual. To restore public confidence in the judiciary, NJC must remain firm. It must continue to flush out the bad eggs within the bench.

Another important resolution of the council at its last meeting is the decision that henceforth, names of candidates being considered for appointment as Judicial Officers for Superior Courts of Records will be published for information and comments by the public. The primary objective of this initiative is to solicit public opinions on the reputation, and competence of the candidates being considered. Opening the process to public participation and scrutiny will go a long way in ensuring that only persons of integrity are appointed as judges. This is laudable.

However, while no one should be in denial about the rot within the Nigerian bench, we deplore the situation in which some people accuse the entire judiciary of corruption because of the action of a few. Unfortunately, this is now the practice. A court case is a contest between two parties in which one must win, and the other must lose. It is therefore most uncharitable for the losing party to accuse the judge of bias or corruption just because the judgment does not favour him.

 To that extent, we strongly counsel the NJC to be wary of those who would want to tarnish the reputation of some judges with frivolous petitions that cannot be substantiated. The NJC has the responsibility to ensure that allegations that are not evident on the face of it, and that can be resolved on appeal, are responded to with a direct message to the complainant to resort to the appeal process, without publicity. A situation in which every single ruling is referred to the NJC by aggrieved and losing parties must be discouraged.

Shifting the wheat from the chaff would require tact, wisdom and discretion, which we urge the NJC to utilise, in their oversight responsibility of ensuring that the Nigerian judiciary is rid of corrupt elements.