The independence of the judiciary will be supported, says the CJN

The Chief Justice of Nigeria, Justice Olukayode Ariwoola, has said the judiciary will not relent in efforts to continue asserting its independence and being an impartial arbiter.

This was while he insisted on the need for the judge to continue to develop his capacity to be able to rise to the expectations of society in the performance of their duties.

The CJN spoke at a workshop on the theme: “Judicial Independence and the Judge’s Craft”, organized by the National Judicial Institute in collaboration with the Anti-Counterfeiting Forum, in Abuja.

He said despite significant progress in achieving judicial independence, there was still work to be done.

“Continued and sustained efforts are needed to address the challenges they face. We will not relent in seeking better options and actions that will ensure that the Nigerian judiciary remains a strong, impartial and independent arbiter of justice and the rule of law,” Justice Ariwoola said.

The CJN added that judges must enhance their capacities as a way to restore confidence in the judiciary.

He said: “The act and science of adjudication requires a deep and contextual understanding of the law, a commitment to doing justice and an innate ability to apply legal principles to complex and often vexatious problems without fear of favour.

“I must also reiterate that the substantive requirements of judicial independence, the judge’s craft and the art of judging are built around the public expectation that judges will decide matters before them fairly impartially and based on the facts.

“Such decisions must be in accordance with law, without restraint, improper influence, inducement, pressure, threat or interference, directly or indirectly, by any party for any reason.”

The Global President of FAC, Dr. Anthony Idigbe (SAN), spoke on the use of technology in case management to achieve efficiency.

He referred to Grudin’s Law, which suggests that when the beneficiaries of a technology are not the ones doing the work, the technology is likely to fail or be undermined.

According to him, digital transformation is not about technology, but about people and processes.

He offered advice on how the people-related issues of digital justice transformation can be addressed.

Idigbe, a senior partner at Punuka Attorneys and Solicitors, said the FAC was focused on promoting the rule of law in general, but with a special focus on combating counterfeiting.

Administrator of NJI, Justice Salisu Abdullahi, described the pursuit of justice as the cornerstone of any thriving democracy.

He said: “It is essential that our judicial system operates with the greatest efficiency and effectiveness to uphold the principles on which our nation was founded.

“In this light, concerted efforts must be made to resolve cases in a timely manner, streamline legal proceedings and eliminate unnecessary delays.

“It is imperative that we ensure that justice is not only done, but done in a manner that respects the rights and needs of all parties involved, because speedy justice gives confidence in our legal system.

“The theme of this workshop could not have come at a better time than now, as it is designed to give judges and justices the opportunity to assess the judiciary and consequently suggest conventions for improvement.

“As society evolves, we must continue to be dynamic and pragmatic to adequately address the conflicts that will inevitably arise, bearing in mind that the only constant in life is change.

“To achieve efficiency and effectiveness, we must invest in technology, case management, continuing judicial education and access to justice, among others.”

Retired Supreme Court Justice Amina Augie noted that the strength of the judiciary lies in the trust people have in its activities and decisions, which every judge must protect.

“We have to be able to show that justice is not only done, but seen to be done, and that in the judgment that you write, in whatever you do, they are able to see and trust that you are doing the right thing. and that you make the right decision,” she said.

She added that it is the process of creating the kind of judgments that support public confidence in the system that constitutes the art and craft of judging.

Drawing on her experience, Judge Augie noted that writing judgments is tedious and requires commitment on the part of a judge to be able to weave together all the issues involved in a case and deliver a lucid verdict.

She cautioned that judges do not allow others to write judgments for them, noting that a judge’s judgment reflects who he is.

A judge at the National Industrial Court, Justice Nelson Ogbuanya, has called on the judiciary to reassess its communication strategies to change some public perceptions that are wrong.

He said: “The Nigerian judiciary has gained notoriety for adjournments and delays not because every court or every judge is involved but because that is the posture that has been communicated and perceived by the people.

“If a court is ineffective, it affects the entire judicial system, as is also echoed rhetorically: ‘Go to court!’ The corporate culture of the Nigerian judiciary should be passionately positive in its vision and mission.

“Deliberate and constant monitoring and evaluation of judicial performance in terms of efficiency and integrity would be the recipe for rebranding the perceived communication of inefficiency and corrupt tendencies with which the Nigerian Judiciary has been branded and labeled.

“Concerted efforts should therefore be directed at re-branding the negatively publicly perceived judiciary as communicated through behaviors that have invariably condensed as what the judiciary stands for, albeit erroneously “.

The FAC National Coordinator for Nigeria, Mrs. Ebelechukwu Enedah, who is also a partner at Punuka Attorneys & Solicitors, said the theme arose from the fact that the judiciary has been affected by attacks on its independence at various levels in developed countries and underdeveloped.

“In maintaining the rule of law, the courts have found that they have to find a way to maintain their independence from the ongoing siege, especially lately, so as not to undermine the independence of the judiciary. These attacks came from the executive, the legislature and the private sector.

“Even though there are constitutional, statutory and administrative rules to promote judicial independence, it has become apparent in the face of the recent siege that more needs to be done to ensure that judicial officers adhere to the highest standard of professional and personal conduct. that can withstand these attacks and uphold the rule of law,” she said.