NJC okays elevation of 14 new judges to Appeal Court

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has disclosed that the National Judicial Council (NJC) has approved the elevation of 14 judges to the Court of Appeal to fill in vacancies that had existed and help to reduce the work load for the justices of the appellate court.

The CJN added that he hoped that the new justices would help in the court preparations as well, particularly as the country approaches election year. The NJC is expected to forward the names of the recommended judges to President Muhammadu Buhari for his necessary approval and appointment accordingly.

Onnoghen stated this on Thursday in Abuja during the 2017 annual conference of the Court of Appeal.

The CJN also asked Justices of the Court of Appeal (JCAs) to avoid contradictory judgments, saying that there is the need for the jurists to be strong, courageous, fair and firm in their decisions as the country approaches 2019 general elections.

The CJN specifically urged the JCAs to “stick to the constitutional provisions, the law and doctrine of precedents (stare- decisis) and you can not go wrong.”

He noted that even when the justices are wrongly accused, “as we very much are, be patient and remain assured that ‘truth crushed to the earth shall rise again.”

The CJN further said that, “On judicial precedents as it relates to election and pre-election matters, I want to remind us that the Supreme Court has decided in a number of cases that the principles of Judicial review such as Mandamus, Certiorari, Prohibition etc do not apply because election and election related matters, such as pre-election causes are suis generis.”

He also noted that there is an emerging trend whereby a party in a pre-election or election matter, after exhausting his remedies some times up to the Supreme Court still pursues a parallel cause of action under the guise of judicial review hoping that one of such parallel actions may succeed, thereby making the court to contradict itself resulting in great embarrassment to the system.

The CJN also said that, “Much injustice is thereby created particularly in matters that may not get to the Supreme Court for correction. Where, however, the matter gets to the Supreme Court and the right thing is done, much injustice would have been occasioned by not following the principles of stare decisis. I am saying this because soon the tempo of political activities will pick up and some lawyers will stop at nothing in their effort to outsmart the Bench.

“So be very careful and as I have always said, be on top of your game by mastering the principles of laws and facts relevant to the case or issues involved in the dispute so as not to allow legal practitioners to mislead you to the embarrassment of the Judiciary”.

He also urged the justices to be consistent by following the principles of stare decisis and the law. According to him, ” if you stick to this simple piece of advice, you will not go wrong in your determinations/ decisions.

“Change your attitude towards your obligation to stare decisis. The benefits are far-reaching and far out-weigh the few and feeble disadvantages,” the CJN added.

He said “Your level of preparation, coupled with the determination of Mr. President, Muhammadu Buhari, to bequeath to Nigeria a legacy of credible election process, will guarantee the peace and stability we all desire.

“Let me remind us that our salvation remains in our hands; so in the approaching frenzied political activities leading to the 2019 General Elections let us continue to watch the company we keep, the people we open our doors to lest we unwittingly open ourselves to ridicule and embarrassment as the politicians will do anything not necessarily legal, to have their way including destroying our hard earned reputation and integrity.”

He said that the newly inaugurated Corruption and other Financial Crime Cases Trials Monitoring Committee (COTRIMCO) led by Hon. Mr. Justice Suleiman Galadima, JSC (Rtd), CFR has commenced work.

Justice Onnoghen said the initiative is an indication that the Judiciary is ready to play it’s role in the fight against corruption as well as the economic development of the country.

Earlier in her remark, the President of the Court of Appeal (PCA) Justice Zainab Bulkachuwa, had noted that the judiciary has being under heavy attacks on allegation of corrupt practices.

Urging the PCAs to eschew corruption and uphold best practices, Justice Bulkachuwa said they should focus mainly on what to do as individuals or collectively as a body to address this plague”

Andrew Orolua, Abuja.