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| President Goodluck Jonathan |
President Goodluck Jonathan spoke after swearing in Justice Musdapher as the 12th CJN at the Presidential Villa in Abuja.
Justice Musdapher was appointed on August 28 to replace, in acting capacity, erstwhile CJN Aloysius Katsina-Alu, who left in a hail of controversies that deepened the judiciary’s crisis of integrity.
Yesterday, he became the substantive CJN, following last week’s confirmation of his appointment by the Senate and the administration of the oath of office on him by President Jonathan.
Justice Musdapher, 69, will spend 11 months in office as he is due to reach the mandatory retirement age of 70 on July 15, next year.
He is coming into office at a time the judiciary is enmeshed in crises.
The President of the Court of Appeal (PCA), Justice Isa Ayo Salami, is on suspension, following his disagreement with Justice Katsina-Alu over the Sokoto election petition tribunal judgment. His suspension infuriated the Nigeria Bar Association (NBA), which pressed the National Judicial Council (NJC) to reverse the action.
Jonathan told the CJN that the most urgent task before him (CJN) is ensuring the sustenance of respect for the law.
The Judiciary, he said, has a sacred duty to help ensure stability within the polity through the promotion of the rule of law, strict guardianship of the Constitution and constant and unfailing application of the principles of justice.
The President promised to personally liaise with the National Assembly to support constitutional amendments necessary to further ensure the independence of the Judiciary and improve its efficiency.
He assured Justice Musdapher of his administration’s support for the CJN’s reform initiative. Besides, efforts will be made to liaise with the governors to ensure that the judiciary in the states is adequately provided for as required by the Constitution.
The President said: “Your Lordship, it is the expectation of the general public that as you assume office, the judiciary will remain totally committed to the cause of justice.
“It is equally expected that your Lordship will, at all times, particularly in the course of your service as the head of our nation’s judiciary, protect and uphold the rule of law, respect and observe due process, exhibit great character and learning in the discharge of this sacred responsibility which God has placed on your shoulders.
“And more importantly, inspire the confidence of the general public in the administration of Justice.
“It is my hope that your Lordship will steer the ship of the Nigerian Judiciary to the best of your ability at this moment when our dear nation and the Judiciary especially, is faced with daunting challenges.
“There is no doubt about the need to embark on comprehensive reforms in the Judiciary to enhance capacity, efficiency, and productivity as well as the perception and confidence of the general public in the ability of the judiciary to dispense justice.
“The judiciary has a sacred duty to help ensure stability within the polity through the promotion of the rule of law, strict guardianship of the Constitution, and constant and unfailing application of the principles of justice.
“To my mind, a vibrant judiciary, fulfilling its essence as the Third Estate of the Realm, acts as a restraining influence on the likely excesses of the Executive. It also provides a signal to all men that while their rights would be protected under the law, no form of impunity or wanton recklessness will be tolerated under the same laws. The fundamental value of the judiciary thus lies in the manner in which it builds a tradition of respect for the law.
“Your Lordship, the most urgent task, with regard to the judiciary at this time, is to protect and ensure the sustenance of that tradition of respect for the law.”
The President went on: “Political questions are now increasingly being resolved by the courts, a general awareness of the place of the courts as the last hope of the common man seems to be on the rise. This is an encouraging development.
“In many ways, the judiciary is proving to be a pillar of our Constitutional democracy; its potentials and value are well advertised. But it is also, I must say, a judiciary that is faced with a lot of problems; in its relative success lies many unanswered questions, challenges and opportunities for fresh learning and reform.
“The wheel of justice, for example, still grinds rather slowly, although many laudable efforts have been made to correct this. There are questions also about the quality and efficiency of the administration of justice with regard to procedures. This year, I had signed the Evidence Act and the Legal Aid (Amendment) Act as an indication of our preparedness to support all efforts to enhance the dispensation of justice. We are prepared to continue to collaborate with the judiciary and the legislature to do everything possible to upgrade the performance of the judiciary as an institution.
“However, a much bigger challenge is to be traced to Your Lordship’s reference at a recent public occasion to the widespread perception of a growing crisis of integrity within the judiciary.This is something that should be carefully addressed.
“The reputation of judges, the public perception of their commitment and integrity, is central to the efficacy of the courts to uphold the law and dispense justice. Judges are expected to be impartial, independent-minded and fair to all concerned. A partisan judge compromises his or her oath of office and acts unfairly. A corrupt judge disgraces the Bench on which he or she sits and the title that he wears. Judges should have power, and they do, but just as the Executive and the Legislature must not abuse their powers, judges are also expected to be above board.
“Your main task, therefore, should be to further enhance the dignity of the courts, for on that foundation rests the integrity of our Constitutional Democracy. Every one of us must wake up every morning, confident that the judges of Nigeria will always protect our freedoms.
“My expectation is that all judges, whatever be their title or rank, will cooperate with the Chief Justice of Nigeria to make his tenure successful. In-fighting, personality clashes, and needless acrimony within the judiciary can only serve the unwanted purpose of bringing the entire institution to ridicule. Nigerian judges themselves must see the need to set their institution on a path of renewal.
“On the part of the executive, we pledge to make ourselves available and ready to partner with your Lordship on how to make the judiciary more efficient and inspire the generality of our citizens to become more confident about the capacity of the judiciary to do justice to all men.”
The President decorated Justice Musdapher with a red and green sash after confering him with the national award of the Grand Commander of the Order of the Nigeria (GCON).
The GCON is the second highest ranked national award reserved for the heads of the Judiciary and the legislature.
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