Confusion as acting CJN comes with laws to stifle colleagues powers.

The Chief Justice of Nigeria (CJN), Walter Onnoghen, has released new tough laws that would now cripple the power of judges across the country with just 25 days to the end of his three-months tenure in acting capacity.

Among others, the CJN says no judge can now travel without his permission

Despite pressures, President Muhammadu Buhari has refused to send his name to the National Assembly for confirmation, but the CJN seems unperturbed as the new laws are termed sweeping.

One of this is that no judge in the country can travel without the CJN’s permission.

According to the Nigerian Tribune, the reform agenda is already approved by the National Judicial Council (NJC) and already in the possession of the National Judicial Institute (NJI) with implementation set to commence.

The report says the reforms cover appointments, judgment submitted for returns of cases, verification and endorsement of judgments by heads of court, clearing of backlog of cases, inspectorate division, viability of courts, election tribunals, information technology and performance evaluation of judicial officers and their welfare.

Time and work days, disciplinary matters and regulations, public perception of the judiciary, pension and retirement benefits, judiciary budget and speedy dispensation of justice are also said to be included in the law.

Part of the reforms states: “All magistrates and other judges of lower courts in virtually all the states of the federation do not submit quarterly returns of cases. Therefore, the Judicial Service Commission/committee does not have the opportunity to assess their judgments, save probably when they submit same to the National Judicial Council when being considered for appointment to superior courts of record.

“In view of the above and by virtue of paragraph 21 (i) of Part One of the Third Schedule of the 1999 constitution of the Federal Republic of Nigeria, as amended, henceforth, all judges of lower court in the federation should submit returns of cases quarterly to the Judicial Service Commission/Committee for assessment. The Judicial Service Commissions/Committee shall set up a committee to receive and assess the judgements of the judges of lower courts quarterly, through Returns of Cases.”

Concerning appointments, the CJN said: “All judges of lower courts and other public officers working in the judiciary and other arms of government, such as chief registrars, secretaries, deputy registrars, legal officers, among others, will be required to write examinations and interviewed by the various Judicial Service Commissions/Committee, in addition to submission of copies of judgments to the National Judicial Council, when they are to be considered for judicial appointments."

He said service commissions must submit copies of judgements to the NJC when they are to be considered for judicial appointments, adding: “This has become necessary in view of my experience when I was the chairman of the interview committee of the National Judicial Council on appointment of judicial officers; and the recent exercise carried out by the National Industrial Court of Nigeria, when all the candidates shortlisted wrote examination and were interviewed by the court, and the best were chosen and forwarded to the Federal Judicial Service Commission for consideration. Thereafter, the best of the candidates were selected by the Federal Judicial Service Commission after interview, and sent to the National Judicial Council. The above will be included in the 2014 guidelines on appointment of judicial officers.”

Onnoghen further directed heads of court to move judges from less busy courts to those with overloaded cases within their jurisdiction.

Walter Onnoghen was appointed as CJN in acting capacity

“The heads of court should not, unless it is very necessary, assign very high profile and /or sensitive and complicated cases to their junior brother judges. Like it was the practice in the past and encouraged by the council, the heads of court should hear very high-profile cases themselves or assign them to the next most senior brother judge and in that order of seniority.

“Further to the above oversight function of the council, from time to time, every retired judicial officer serving as a member of the council, including the two lay members, should visit any superior court of record within the zone he/she hails from, and like any other Nigerian citizen, sit at the court gallery and watch proceedings and take note of the court facilities, time of sitting, etc. Thereafter, the member will file a report to the council on his/her observations generally,” he said.

Concerning accountability and ethics, the Nigerian Tribune reports that Onnoghen directed that travels outside Nigeria for judicial officers should be with the permission of the CJN, after such application has been made. A circular will be issued in that regard by my office very soon.

“While judicial officers will be encouraged to build and occupy personal houses, they will not be allowed to buy official quarters allocated to Their Lordships by the judiciary or government, either in the headquarters or the divisions of the court outside the state capitals.

“The council (NJC) has been criticised in the electronic, print and social media for shielding and/or inaction or delay in investigating allegations levelled against judicial officers in the federation. Without considering the merit or otherwise of the criticisms, I urge members of council appointed to serve on any fact-finding committee to fast-track all investigations and submit their reports within three weeks.

“Further, in view of the increasing number of petitions written against judicial officers, more committees will be constituted by council to investigate the allegations therein. Consequently, all members of council will be required to serve on such committees, save those representing the Nigerian Bar Association,” he said.

With the new reforms, retired judicial officers, who were past members of council, should now serve on its fact-finding committees, considering the increasing workload of the council.

“Following the complaints made against the council on the manner it conducted its meeting when it deliberated in the report if its fact-finding committee on the allegations levelled against Justice IA Salami and Justice AI Katsina-Alu, I am constrained to request the council to consider the procedure regulating its meetings bordering on quorum, absence or disqualification of the chairman or deputy chairman of council as per year 2000 National Judicial Council Regulations and 2014 Judicial Discipline Regulations.

“Judicial officers that have not had the opportunity of serving on election tribunal are to be recommended and appointed, instead of the current practice whereby some judicial officers are repeatedly appointed on the recommendation of their heads of court.

“Unless it is necessary, no judicial officer who has served twice on an election tribunal will be reappointed. This will allow every judicial officer appointed to also benefit from the experience gained as a chairman or member of the election tribunal.

“My office will monitor and supervise the 2017 budget of the judiciary through a consultant on budget and finance appointed by my humble self. A memorandum in that regard has already been circulated to members of council,” he added.