A group known as the Justice Reform Project has described the
“unceremonious removal” of Walter Onnoghen, former chief justice of
Nigeria (CJN), as a signal of a crisis in the administration of justice
in the country.
Citing an order of the Code of Conduct Tribunal (CCT), President
Muhammadu Buhari suspended Onnoghen over allegations of false
declaration of assets in January.
Onngoghen, who was arraigned before the CCT on a six-count charge, was
convicted but later resigned in April.
In a letter dated June 21 and addressed to President Muhammadu Buhari,
Yemi Candide-Johnson, convener of Justice Reform Project, said
Onnoghen’s trial led to the “collapse of confidence” in the individuals
who occupy judicial offices.
“This memorandum follows the public announcement that Mr. President has
accepted notice of retirement from the former Chief Justice, Justice
Walter Onnoghen, and your Excellency intends shortly to nominate an
additional five justices to the nation’s Supreme Court,” the group said.
“Mr. President, there can be little contest that the absence of
effective self-regulating mechanisms for the legal profession has played
a major role in the loss of confidence in the nation’s judiciary.
“The unceremonious removal of the nation’s highest judicial officer was
the clearest signal in recent times of a raging crisis in the
administration of justice in Nigeria, and the collapse of confidence in
the individuals who occupy highest judicial offices.”
The group also urged the president to ensure that only those who merit
it are appointed as judges of the apex court.
It made reference to how Aloma Mukhtar, former chief justice of Nigeria,
lamented the prevalence of lobbying and favouritism in judicial
appointments at the cost of merit.
“We respectfully urge and make the following prayers of Mr. President:
instruct the attorney-general of the federation to issue an opinion as
to the quality and character of candidates for high judicial office and
the principles upon which the President will act in making such
appointment,” the letter read.
“Nigeria has long been a peculiar jurisdiction when it comes to the
appointment of Judges and Justices to superior courts of record. While
the Constitution provides that an appointee to the highest judicial
office must have no less than 15 years’ experience post call to the Bar,
and must be a fit and proper person, this could not have been intended
to result in a lowering of judicial standards to the current extent.
“The Constitutional prescription is only an entry qualification, and
that in and of itself is incapable of producing a crop of Judges who are
equipped in character and intellect to occupy the highest judicial
office in the land. Certainly, not every lawyer with 15 years of
practice experience and with an otherwise clean record is fit for the
Supreme Court even if he/she is ‘qualified’. It is an office that
demands to be occupied by persons of the highest character, and
intellectual capability.
“Your Excellency is undoubtedly bound by the rules of law, and this you
have expressed without hesitation. You are therefore committed to
recognizing the independent, impartial, competent and effective
judiciary. It is imperative that Your Excellency circumvents the lapses
in the system in forwarding any fresh nomination that may perpetuate the
same cycle that have brought us to this point in the first place. It is
critical that only the most excellent and incorruptible minds are
appointed to the bench.
“A successful judiciary is one whose members are appointed following a
rigorous process and adherence to criteria that assess both the
candidate’s legal qualifications as well as integrity (please see Annex
1 for a detailed illustration of such criteria). |t is crucial that only
the best people are appointed to judicial positions.”
Apart from Candide-Johnson, 33 other people signed the letter.