To effectively discharge its function, Judiciary must be independent and fearless – NBA President
The president of the Nigerian Bar Association (NBA), Okey Wali SAN has called on the Nigerian Judiciary to be independent, fearless, industrious, honest and to shun corruption.
Speaking at the NBA Judiciary Committee, Judicial Reform Conference, which took place at the Transcorp Hilton Hotel Abuja on Monday; the leader of the bar informed participants that the task of upholding the constitution and protecting citizens from real and potential abuses was indisputably that of the Judiciary.
He urged Judicial officers present to be competent, honest and of unimpeachable character.
“As an indispensable partner in modern governance, the Judiciary is established by the Constitution as the custodian of the judicial or adjudicatory powers of the state. It exercises a unique function; it is constitutionally empowered to determine disputes between the various arms of government, between persons and government, and between persons.
“To effectively discharge this function which entails the handing down of well reasoned decisions in resolution of disputes, the Judiciary must be independent, fearless, industrious, honest and above all, shun corruption in the sense that, it is above board, like Caesar’s wife,” Wali stated.
On appointment of judges, the NBA president said, “in any clime, Judges should ordinarily be appointed from the best the Bar can offer. Judges should be appointed from Lawyers who have had extensive practice before the Courts in Nigeria. But this is not the case in Nigeria. Persons who have had little or no serious practice of law have often been appointed judges. Appointments are not always made on merit but on extrinsic factors, such as family and political ties or affiliation. As a result of this, the Judiciary and ultimately the Judicial Service System have been the worse for it.
“The NBA hereby repeats our call that we be an important part of the process of making judicial appointment. Nobody should be appointed a Judicial Officer without the consent of the NBA. This is not an ego trip, whether from the Bar or the Bench, the Bar knows its members best. All we desire is a good Bench, a quality Bench, to ensure efficient and speedy dispensation of justice. As they say, the Bench is as good as the Bar,” he stated emphatically.
He noted that favouritism in judicial appointments is worse with politicians now politicising judicial appointments. The NBA president predicted that sooner than later, active support and sworn loyalty to politicians and political parties will become condition precedent to judicial appointments.
He further called on stakeholders to be part of the process of judicial reform in Nigeria.
The judicial reform conference is aimed at generating reform initiatives and ideas towards improving and strengthening the professional and technical competence, expertise, capacity and accountability of the Nigerian Judiciary.
The objective is to re-position the judiciary and win back the fast eroding public confidence in the administration of Justice, so as to meet the expectations of delivery justice in the 21st Century.
The theme of the conference, ‘PUTTING OUR BEST FOOT FORWARD: JUDICIARY AND THE CHALLENGES OF SATISFYING JUSTICE NEEDS OF THE 21ST CENTURY,’ has been described as apt, appropriate and relevant in the light of current national discourse, bothering on the Judiciary and justice delivery.