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CJN Kudirat Kekere-Ekun
Many have praised the National Judicial Council (NJC) for acknowledging that there are petitions against some members of the Bench across board. The highest judicial administrative body announced last week that allegations against 27 unnamed judges were being investigated, but so much about the said allegations, the petitioners, and the judges are shrouded in avoidable secrecy.
This, in itself, is against the principles of justice and openness. When other Nigerians are to be tried in court, they are named and the alleged offences are laid out in the open. Whether by the anti-graft agencies, the police or Department of State Services (DSS), they are named from the point of being invited, to the point of arraignment in court.
It has been argued that protecting the identities of their lordships amounts to protecting the integrity of the judiciary, the course of justice and the interest of the public. But, what is sauce for the goose should as well be sauce for the gander. That others are named does not mean that they would even be arraigned if no case is established against them. In the same vein, when it applies to judges who preside over matters involving others, some of whom are professionals or former holders of high offices of state, all must be done in the open.
This needless secrecy is already spreading to some other cases, including cases of high treason and terrorism. For years now, some people said to be financiers and sponsors of terror attacks in the country and said to have been identified by the DSS are yet to be named, let alone brought to Justice.
We call on Mr. Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, as well as the new Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, to step into the matter and assure the public that the judiciary has nothing to hide. As the third arm of government, and one expected to point the way to the other two where politicians preside, judges should show that they are, indeed, above board. There is no better way to demonstrate this than enthroning transparency. The outcome is as good as the process. At every point, we expect that findings would be made public, including how they were arrived at. Who constituted the panels, how did they sit, were the judges represented by counsel and what modes were adopted for presentation of petitions? All these are important in establishing ingredients of fair hearing.
It should be noted that the future of the country is at stake. Unless a wholesale reform of the judiciary is carried out and a cynical public is carried along, it is impossible to save the tottering ship of state. The 64-year-old Nigerian state has come a long way since independence in 1960, with its twists and turns. Tagging along has been the judiciary, with the likes of Sir Adetokunbo Ademola, Dr. Taslim Elias and Sir Darnley Alexander presiding over the third branch of government in the first two decades, creditably.
In recent times, the sail has been turbulent, given the way Justice Ayo Salami was controversially removed as President of the Court of Appeal, Justice Walter Onnoghen dragged before the Code of Conduct Tribunal and eased out of the office of Chief Justice of Nigeria, and the rumours surrounding the unceremonial voluntary retirement of his successor, Justice Ibrahim Muhammad Tanko. Justice Olukayode Ariwoola may have retired at the mandatory age of 70, but the cloud surrounding the Supreme Court and other courts of the land under him has been heavy.
The system must be deodourised. This is one task before Justice Kekere-Ekun. The trial of the 27 judges is the first task, and it would determine if the public should repose their confidence in the judiciary under her watch. The investigation should be done speedily to protect the integrity of the judicial system. (The Nation Editorial)