THE NATION TUESDAY, SEPTEMBER 16, 2014
38
FROM THE COURT Chief Justice of Nigeria (CJN) Mariam Aloma Mukhtar’s media aide Ahuraka Yusuf asses his boss’ achievements since she assumed office over a year ago.
Mukhtar ‘s relentless war against judicial rot P RIOR to Justice Mariam Aloma Mukhtar’s assumption of office as the Chief Justice of Nigeria (CJN), many had lost hope in the Judiciary’s ability to dispense justice independently. The state of affairs in the Judiciary was aptly captured in a report by the United States’ Department of State on Human Rights practices for 2011, which was tendered before the US’ Congress in May 2012 by then Secretary of State Mrs. Hilary Clinton. The report had observed copiously that the Nigerian Judiciary was very corrupt and susceptible to manipulations by the rich elite in business and politics. While many were still in doubt about her capacity to tackle the rot in the system, some who, knew Justice Mukhtar as an incorruptible judicial officer and an individual with rare sterling qualities thought otherwise. One of such persons is the foremost human rights activist and Senior Advocate of Nigeria, Mr Femi Falana. Falana, in providing a picture of the kind of person Jusice Mukhtar is, said ‘‘I first met the CJN as a High Court judge in Kano in 1984. My client, a trade union, had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check-off dues deducted from the wages of all the workers in its employment. “The company, which had boasted that it had the judiciary in its pocket, was taken aback when the trial judge, Justice Muktar, granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check-off dues which it had illegally withheld. Since then, I have watched the judge from afar and followed her impeccable judicial carrier. “In a country where judicial corruption has been virtually institutionalised, I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office. She is conservative but ready to take a radical stand in defence of the rule of law. She is quiet, but aggressive in dealing with cases of corruption. “Her decision to team up with Adesola Oguntade JSC (as he then was) and Walter Onnoghen JSC in writing powerful dissenting opinions in the controversial case of Mohammadu Buhari v Independent National Electoral Commission (INEC) convinced the reactionary forces in the legal establishment that she could rock the boat if allowed to become the head of the country’s judiciary. “The clean bill of health given to Justice Ayo Salami, the suspended President of the Court of Appeal by a Committee of the National Judicial Council (NJC) chaired by Justice Mukhtar was the last straw that broke the camel’s back. A plot was therefore hatched to prevent her from becoming the CJN’’. On her eventual assumption of office, the general expectation was the need to cleanse the Judiciary of its rots. A Senior Advocate of Nigeria and a candidate in the 2014 Nigerian Bar Association (NBA) election, Mrs. Funke Adekoya stressed this in her article titled ‘‘NJC as Hercules’’ in the Thisday newspaper of March 5, 2013 when she noted that ‘‘Hercules did the job by using unconventional methods, he diverted two rivers flowing near the stables off their course, to flow into the stable yards and out through the rear, before rejoining the river course, while taking all the filth and dung along with it. “From this Greek tale, the phrase ‘cleaning the Augean stable’ emerged to mean performing a large, unpleasant and seemingly impossible task that has long called for attention. When the incumbent Chief Justice of Nigeria Hon. Justice Miriam Aloma Mukhtar was sworn into the office in July last year, there were many calls upon her to restore the Judiciary to its pride of place in the body polity by investigating the rumours of corruption that were rife, and acting on the many complaints about judicial behaviour. As she has only two years in office as Chief Justice of Nigeria, this is her Augean stable.’’ With few months to the end of her tenure, many can testify that, though we have not got to the Promised Land, remarkable progress has been made towards that direction since Justice Mukhtar assumed office over a year ago. A highly respected British magazine, Newsweek attested to this when in its April 8-15, 2013 edition, the publication named Justice Mukhtar as one of the ‘’125 women of impact’’ in the world. The magazine premised Justice Mukhtar’s
nomination on her judicial cleansing reform and avowed determination to get rid of judges involved in fraudulent practices or judgment for sale. Specifically, the magazine noted that, ‘’in a country notorious for its crooked officials, Nigeria’s first female Chief Justice, Mukhtar, has built a reputation as an unwavering reformer unafraid to root out criminals.’’ Also, the World Justice Project (WJP), an independent, multidisciplinary organization working to advance the rule of law globally, scored Nigeria high only in civil justice among the nine factors it studied in its report recently released. The Washingtonbased WJP accessed the 99 countries studied on compliance with the rule law. The WJP Rule of Law Index 2014 report awarded Nigeria a pass mark only in Civil Justice, ostensibly the Judiciary headed by Justice Mukhtar. The WJP’s Rule of Law Index is a quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which 99 countries and one jurisdiction around the world adhere to the rule of law. The WJP Rule of Law Index seeks to embody these outcomes by means of performance indicators the extent to which countries attain these outcomes. In attempting to capture a broad view of the rule of law in a nation, the WJP’s Rule of Law Index looks at 47 outcomes (or sub-factors) organized around nine dimensions (or factors) which include: constraints on government powers; absence of corruption; open government; fundamental rights; order and security; regulatory enforcement; civil justice; criminal justice; and informal justice. 99 nations were scored and ranked on each of the nine factors. Specifically, the group’s report on Nigeria is as follows: ‘‘Nigeria ranks 93rd overall and
near the bottom half of lower middle income countries in most dimensions. The country ranks 69th for checks on the executive branch and 76th for open government, putting it slightly behind the average rankings of SubSaharan African countries. Yet, in most of the other dimensions, the country remains one of the poorest performers of the region. Corruption is widespread (ranking third to last in the world), the criminal justice system has deficiencies (ranking 91st overall and second to last in the region), fundamental rights are poorly protected (ranking 88th overall), and a deteriorating security situation continues to raise significant concerns (ranking 2nd to last overall) Nigeria’s best performance is in the area of civil justice, where it ranks 52nd globally and 7th among its income peers’’. As understood by the WJP, the delivery of effective civil justice requires that the system be accessible and affordable, as well as free of discrimination, corruption and improper influence by public officials. The delivery of effective civil justice also necessitates that court proceedings be conducted in a timely manner that is not subject to unreasonable delays, and that judgments are enforced effectively. In its editorial of July 15 this year, The Guardian newspaper commented thus; ‘’Speaking at the opening session of a conference on judicial reforms organized by the Nigerian Bar Association (NBA), in conjunction with the United Nations Office on Drugs and Crime (UNODC) and some Non-Governmental Organisations, the Chief Justice accused SANs working in tandem with corrupt judges being investigated by the National Judicial Council (NJC) of being guilty of corruption and misconduct. “She cited a particular instance where a judge accused of corruption invited about six SANs to represent him before the NJC. The conference on judicial reforms, in which the Chief
• Justice Mukhtar
Justice spoke, could not have come at a better time in view of dwindling public confidence in the judiciary. It is indeed noteworthy and commendable that Chief Justice Mukhtar has waged a relentless war on corruption in the judiciary since she assumed office. “Lawyers may very well hide under the guise of their rules of professional practice to defend anyone that seeks their legal representation and the issue of fair hearing which some of the judges being investigated raise is always germane to the cause of justice. “Nevertheless, the CJN’s position remains a call on lawyers to be more alert to their responsibility as ministers in the temple of justice. Where senior lawyers rise to defend judges accused of corruption to the extent that the accusation is not allowed to see the light of day, let alone the accused judge allowed to defend himself, there is obvious danger to law and order. “In such a situation, the society is threatened and ordinary law abiding citizens are not motivated to remain so; indeed they are encouraged to embrace impunity, knowing that the judiciary can be compromised.’’ So far, not less than hundred editorial comments have been published in the dailies and magazines in reactions to her onslaught on rots in the nation’s judiciary.
Traders vs Tecno: Court orders detainee’s release
T
HE Lagos State High Court in Ikeja has ordered the release of an electronics dealer, Mr Oscar Modebe, who is being held by the police. Modebe, an executive of the Phone and Allied Products Dealers Association, was detained since July 12. He was said to have been arrested as he sought to prevent a fracas when officials of the Standard Organisation of Nigeria (SON) stormed the Computer Village in Ikeja and carted away phones and allied products from the traders. Ruling on an ex-parte application dated August 8 and filed by the applicant’s lawyer James Ogunyemi seeking to enforce Modebe’s fundamental rights, Justice Michael Savage held that his continued detention was illegal. The Assistant Inspector-General of Police Zone 2, Commissioner of Police Lagos State and Tecno Telecoms Limited are the defendants. The judge, after granting leave that the appli-
Stories by Joseph Jibueze
cation be heard during the long vacation and urgently, held: “It is further ordered that the 2nd defendant should release forthwith the applicant who had since 12th July 2014 been in custody of and is still in the custody of the 2nd defendant now at the office of the Commissioner of Police (SARS) Ikeja, Lagos.” It was learnt that the police insisted Modebe must identify and produce the “unruly street traders” who caused a breach of the peace when SON officials came to perform their duty before he is released. Modebe had sought a declaration that his arrest and detention without charge is unlawful and in breach of his fundamental rights to liberty, freedom of movement and his dignity as a person. He sought an order enforcing his fundamental rights to dignity of his person, liberty, fair
haring and movement as enshrined n the constitution by directing his immediate and unconditional release by the 1st and 2nd defendants or in the alternative, an order of the court admitting him to bail. The traders’ association also petitioned the Inspector-General of Police and Minister of Interior over the alleged harassment, wrongful and unlawful arrests and detention of their members. In the petition copied to the Senate President David Mark, House of Representatives Speaker Aminu Tambuwal and the Director General, State Security Service, the association said it was concerned about Modebe’s fate in police detention for over two months without charge at Tecno’s alleged instance. Tecno, it was learnt, alleged that the traders are selling sub-standard products bearing its name, hence its complaint to the police and SON. The traders, however, denied the allegation.
Coroner summons Civil Defence officials over woman’s death
T
HE District Coroner in Yaba, Lagos, Mrs A. Ipaye-Nwachukwu has summoned two senior officials of the Nigerian Security and Civil Defence Corps (NSCDC) to explain the circumstances surrounding the death of a trader, Mrs Angelina Dansu. The summons is in line with Section 32 (1) of the Coroners’ System Law of Lagos State, 2007. The coroner warned that should NSCDC fail to attend or produce the officers or any documents which would assist her in delivering a verdict, they would be liable to sanctions. Those summonsed are NSCDC Commandant, Zone A, Lagos Island, Mr Donatus Ikemefuna and Mr Lugard Osaro Osemwegie, also of Zone A. They are expected to give evidence as well as produce the officer who allegedly shot Mrs Dansu on May 7. “In addition, you are to produce document(s) and/or investigation report(s) conducted by your office in respect of the death of the deceased,” the District Coroner ordered.
The inquest was initiated by a human rights group, the Access to Justice (AJ), on behalf of the Dansu family. It wrote the District Coroner on June 17, requesting an investigation. According to AJ, the late Mrs Dansu was allegedly shot and killed by an NSCDC official attached to Zone A, Lagos Command at Saponkoji Village, an island in Apapa Local Government Area. The group said eye witnesses claimed the officials stormed the deceased’s shop and attempted to cart away her goods (kerosene). They were said to have beaten up the woman for daring to resist them. She was reportedly molested and her clothes torn. As she struggled to escape, one of the NSCDC men allegedly shot at her. She died on the spot. It was alleged that the NSCDC officials were randomly carting away traders’ wares. When Mrs Dansu resisted, she was physically abused and eventually shot. Effort by onlookers to save her life failed. AJ said the inquest would determine the certification of the death of the deceased as alleged; the culpable officers; the true circumstances of the alleged killing; and any
other facts that could help prevent a recurrence of such incidents in future. The group also requested that summons be issued on the Officer-in-Charge (OC) Legal, Criminal Investigation Department, Panti, Yaba; all other officers present at the scene of the crime on the date it occurred; and Dr N. Alao Nassifou of the Emergency Unit of Clinique Mutualiste De Cotonou. “We also request that the order should require that the proposed invitees produce all documentary statements (if any) made by the culprit officers as well as the death certificate and autopsy report,” AJ wrote. When the inquest came up before the District Coroner at the Yaba Magistrate’s Court, Sabo area, at the weekend, no NSCDC official attended. AJ’s lawyer Mr Onyeka Omofia said the corps was informed about the inquest. He, therefore, sought an adjournment. NSCDC had acknowledged the summons, a copy of which our correspondent obtained. It was signed by one of its officials, who wrote: “Original received by me NSCDC Zone A Alagbe Segun A. (IC), 18-08-2014.” Mrs Ipaye-Nwachukwu adjourned till October 3 for resumption of proceedings.