*116,623 cases pending before Federal High Court
*Body of SAN makes case for specialised courts
* NBA: Judiciary independence under threat

The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), yesterday, told judges to be credible in all their judgements and rulings.

This, he said, will ensure that the sacred integrity reposed in the courts remain unshaken at all times in order to foster and promote public confidence in all judgements and rulings that emanate from the court.

Malami, who made the call in Abuja during the special court session held by the Federal High Court to mark the commencement of the 2019/20 legal year, however appreciated the court over the speed at which it handled pre-election matters in the wake, during and after the general election.

“This court has set the records straight, which helped the Independent National Electoral Commission (INEC) to effectively field the right candidates for the elections and the efficient conduct of election processes,” he said.

Malami urged lawyers to cooperate with the Federal High Court in ensuring that the dignity, integrity and credibility of the court are not put to ridicule.

He said: “We must collectively shun fraudulent practices and to render sound and unbiased advice to our clients based on laid down laws and not on sentiment. We should also not be seen encouraging our clients to ridicule this court into doing the impossible. As ministers in the temple of justice, we must together foster the desired growth for a better society because this court, on its own, can only do little as permitted by law.”

The Acting Chief Judge of the court, Justice John Tsoho, while declaring the new legal year open, revealed that 116,623 cases are pending before the courts across the country.

According to him, “16,144 cases were filed in this quarter alone in which 12,692 have been disposed of. It is obvious that the judges were overburdened with work in the last legal year.

“We therefore need to engage more judicial officers to help out. However, it does appear that there was no provision for appointment of judges in the current budget. I will make effort to discuss with the relevant stakeholders to see to the visibility of facilitating the recruitment of more judicial officers in the course of the year.”

Also speaking, the body of SAN, represented by Chief Adegboyega Awomolo, called for specialization of courts.

The group said: “The challenge, which we wish respectfully, to place before my Lord, the Chief Judge is to break this court into specialized divisions. What I mean is that the era of general jurisdiction in one judge, has shown that a judge in each day, has over 25 cases to deal with. Their claims or causes include political matters under Electoral Act, criminal matters under National Drug Law Enforcement Agency (NDLEA), National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC) and sundry crimes.

“In the same cause list, you have suits on aviation, fundamental enforcement, bankruptcy and insolvency, terrorism, mines and minerals including pollution, natural gas, including arbitration matters, arms and ammunition, cybercrimes treasonable felony and allied offences and interpretation of the constitution causes. The learned trial judge moves from law to the other within hours with rulings and judgements to be delivered thereon.

“My Lord, specialized divisions of the federal court will lead to specialization, increase productivity and reduce the much talked about delay in the administration of justice arising from unnecessary work load. The calls and argument for “Special Corruption Court” will pale into insignificance and spent.

“We are in 20th Century, where information technology has become a tool for efficient management of cases, resources and time in the administration of justice. It is not an impediment to elevation even up to the Supreme Court.

“All you need is to invest in training, retraining and continuous education in the specialised fields. The judges will suffer less stress and pressure. We believe the greatness of the court lies in creativity and innovation and so, respectfully, recommend this idea for the consideration of all stakeholders.”

The Nigerian Bar Association (NBA), on its part, stressed that the independence of the judiciary is under threat by the executive arm.

The President of the Bar, Paul Usoro (SAN) noted that it is not for nothing that the Federal High Court is described and looked upon in terms that suggest its ranking as primus inter pares in the hierarchy of High Courts in the Nigerian Federation.

According to him, “The gamut of its jurisdiction, both exclusive and concurrent, stands it out. But more than that, it is the primary High Court in the federation that has jurisdiction over the entire federation, with its divisions dotted all over the country.

“Your Lordships therefore have the unique advantage of being periodically transferred from one division of the court to another and in that process, Your Lordships get to work in, know and understand all the different component units of the Nigerian Federation and also appreciate the different quirks and idiosyncrasies of the people that make up this great country.

“Your Lordships are therefore in a prime position to pronounce, as Your Lordships always do, through this Honourable Court’s decisions, that, though tribes and tongues may differ, we remain one great country and are strong in spite of and indeed because of both our diversity and unity.

“It is in that context that I specially congratulate Your Lordships for stepping forward at critical moments to reaffirm and cement the bonds of our Nigerian unity through the various pronouncements and decisions of Your Lordships’ courts.

“The opening of the legal year traditionally affords the Bar and the Bench the opportunity for introspection and to ruminate on national issues particularly those that affect the justice sector. Topping the list of such issues at all times is the need to promote and protect the rule of law in all its ramifications. That need is perhaps more pronounced today given the siege under which the justice sector is currently operating, evident in the open and sometimes veiled incursions by the executive arm and its agencies. In particular, the independence of the judiciary is under severe threat.

“To be exact, the independence of mind and thoughts by Your Lordships in the determination of matters before the courts is under severe siege. The executive arm of government and its agencies are increasingly and unceasingly critical of the judiciary and its decisions, particularly in matters that the government and its agencies may be interested in. It is not unusual these days to hear high officials of government talk down the judiciary and ridiculously and rather ill-advisedly dump all the ills of society on the judiciary.

“Decisions by Your Lordships are sometimes brazenly denigrated and attributed to ulterior and ill motives – and these on social and traditional media platforms. Veiled and sometimes open and, in all cases, audacious attempts are made to teleguide and programme the decisions of courts. These are very dangerous practices that destroy the independence of the judiciary and by extension the rule of law and indeed the fabric of our society.

“The society needs and can only survive if we have independent-minded judges, who are empowered to dispense justice to all manner of men, including government departments, without fear or favour. We can only survive as a nation if the independence and vibrancy of the judiciary, particularly, the non-interference with the thoughts and decision-making processes of Your Lordships, are guaranteed and protected.”

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