Lawyers aid, abet rot on the bench – CJN

The Chief Justice of Nigeria, Justice Mohammed Mahmud, has accused lawyers of aiding and abetting corruption on the Bench.
Justice Mahmud said this when the leadership of the Nigerian Bar Association, led by the President, Chief Augustine Alegeh (SAN), paid him a courtesy visit.
Justices Mohammed Tanko Ibrahim, John Fabiyi and Bode Rhodes-Vivour also joined the CJN to receive the visitors over the weekend.
The CJN, who has earlier vowed to continue from where his predecessors stopped in the cleansing of the judiciary, said that the same lawyers, both old and young, who decried the rots on the Bench are the first to jump to seek a court order to stop the National Judicial Council from investigating judges alleged to have acted wrongly.
Mahmud said: “I want to use this opportunity to urge the Bar to put the interest of the system far and above the individuals.
“Imagine this scenario: you in the bar decry the ‘rots’ on the Bench, calling for disciplining and cleansing of the judiciary by weeding out the bad eggs on the Bench.
“Yet, you are the first to jump to the court to seek restraining order on NJC to stop it from the investigation and trial of a judge based on a petition brought against the judge before the council.
“How then is the principle of fair hearing sustained?”
Justice Mahmud also called on lawyers to go headlong to find solution to the situation in the Rivers State judiciary.
He said: “The perpetual closure of court in River State is unacceptable.
“NJC has never said governors can’t appoint State Chief Judges.
“But the violation of the principle of checks and balances by state governor in Rivers State as enshrined in the constitution for the appointment and disciplining of erring Chief Judges or Judges is equally unacceptable.
“Seniority is part and parcel of the legal profession.
“To just appoint a chief judge from any position without recourse to seniority arrangement is an invitation to anarchy in the system, just as we are now witnessing in Rivers State.”
However, NBA president said he had personally made some efforts and had met with the Rivers State Governor, Rotimi Amaechi, who is disposed to a consensus candidate on the grounds that the NJC withdraws a letter for appointing Justice Daisy Okocha as Administrative Judge of River State.
Alegeh then suggested that if the next most senior judge in that state High Court is not acceptable to all the parties, a Justice of the Court of Appeal can be appointed to head Rivers State judiciary for two years.
But Justice Mahmud asked what happened if the said Appeal Court justice was younger on the bench to some of the current Justices of Rivers State High Court before his or her elevation.
He therefore reiterated his call on NBA to use its clout and contact to tackle the problem in Rivers State judiciary to mitigate the sufferings of the litigants and lawyers in that state.
The CJN also asked the lawyers to appear before the National Assembly that has sent Constitution Amendment Bill to States House of Assembly for ratification without giving the Bar and the Bench the opportunity to make an input into matters concerning the judiciary.
He said: “There are a lot of items for amendment concerning the judiciary.
“Some cases ought not to be remitted to Court of Appeal or Supreme Court that are now causing excess baggage in these Courts.
“The Supreme Court is still trying to clear the 2002 and 2003 appeals not to talk of recent ones.
“Yet you lawyers are equally not helping matters by not advising your clients correctly.
“Just yesterday, a panel was inundated with appeals on who were candidates in the 2007 and 2011 governorship elections.
“Of what use are these appeals when another party primaries are being conducted now?
“The Bar should appear before the National Assembly and amend the items dealing with appeals.
“Appeals should be made by way of leave of court, while all interlocutory applications ought to terminate at the court below.
“There are no Supreme Court Justices in the world that work like their counterparts in Nigeria.
“While less than 10 appeals are received in a quarter in countries like Britain, we in Nigeria deliver judgements on 40 or appeals in a month.
“Tell the legislatures that Supreme Court should be made to handle fundamental issues affecting government policies only.
“Not all matters should be brought for further adjudication in the apex court otherwise some of us may break down like Justice Niki Tobi sooner or later.”
Justice Bode Rhodes-Vivour said appeals on electoral matters are so huge due to the jumbo take home pay of political officers.
He said: “In Shagari’s days, legislatures were on part time and their remunerations were so meagre compared to the present time when they coast home close to N20 million periodically.
“It has become an industry, hence courts were turned to battle grounds after elections were won and lost.”
Alegeh thanked the CJN and promised to work harmoniously with him to achieve success.
Alegeh said he is of the firm belief that if public confidence on the judiciary is enhanced, more clients will come to them just as more money will grease their pockets.
The Bar, he said, has introduced “Stamp and Seal” to weed out quack and fake lawyers.