2014 IN REVIEW: 2014: Year of judicial reforms

By AKEEB ALARAPE and LUKMAN  OLABIYI

Seriously enmeshed in political intrigues that eventually consumed one of its best brains and head of the appellate court, the nation’s judiciary apparently used 2014 to redeem its damaging image and voice being drowned in the murky waters of the nation’s politics.
To be candid, judicial activities in the outgoing year could be said to be reformatory in all sense of it. After a long period of dullness, the justice system woke up to the reality of its onerous duty of dispensing justice and defending the oppressed.
Its leading light and now retired Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, never left anyone in doubt in her determination and commitment, not only to rid the justice system of bad eggs, but also to clean its Augean stable. And she did it creditably, going by the accolades poured on her while bowing out of the Bench on November 20, this year.
Mukhtar mounted the saddle of the Chief Justice of Nigeria and Chairman, National Judicial Service Commission on July 17, 2012 before she bowed out on  November  20, 2014 after attaining the mandatory retirement age of 70.
Her two years and four months tenure was a plus to the judiciary and an elixir to the justice system, at least, to those deeply concerned and worried about the rot in the system. But to those benefiting from the decay of the judicial sector, Mukhtar’s tenure was a pain the neck.
The outgoing year serves as the harvesting period of Mukhtar’s reform and revolution. Judicial officers got marching orders and were forced to sit up to their responsibility as arbiters and defendants of the oppressed through several initiatives and disciplinary measures instituted by the retired CJN.
No wonder, 2014 saw many indicted officers of the system being booted out or reprimanded as the case may be. Not only this, Nigerians once again got fresh air of assurance the court is really the last hope of not only the common man but the oppressed.
It was not long before the Mukhtar reform started taken its toll on the bad ones within the system, as two judges were hammered by the National Judicial Commission in February over cases of corruption.
Precisely, February 21, the duo of Justices Charles Archibong of the Federal High Court, Lagos Division and Thomas Naron of the Plateau State High Court were shown the way out of the system.  While Justice Archibong was recommended to President Goodluck Jonathan for compulsory retirement, Naron’s sack was sent to Governor Jonah Jang of Plateau State for implementation.
In the same outgoing year, the NJC recommended compulsory retirement of the Acting Chief Judge of Abia State, Justice Shadrack O. E. Nwanosike, over falsification of his age. The council’s decision was taken at its 63rd meeting held between July 17 and 18.
Also rising to its responsibility as defender of the oppressed, the judiciary left no one in doubt that it was ready to shake itself off undue interference from the executive arm. Hence, giving the oppressed the confidence to approach it for succor. Some signposts of this emerged from uproar that followed the arrest and detention of the former governor of the Central Bank and now incumbent Emir of Kano, Alhaji Sanusi Lamido Sanusi, who had earlier been suspended on February 20 by President Goodluck Jonathan.
Sanusi had dragged the police authorities and Department of State Security (DSS) to court for the enforcement of his fundamental human rights.
On April 3, a Federal High Court, sitting in Lagos ordered the Federal Government, the DSS and the police to pay N50 million compensation to Sanusi for unlawful detention as well as immediately release of his international passport.
Earlier in March, the judiciary had also overruled the collection of toll on the Lekki/Ikoyi Suspended Bridge by the Lagos State government in a suit filed by a human rights lawyer, Mr. Ebun-Olu Adegboruwa. The human rights lawyer had challenged the propriety of collecting toll on the bridge by the state government while the control of waterways was the responsibility of the Federal Government. The court ruled in Adegboruwa’s favour, putting the state government at a tight corner on the matter.
Also, 79 embattled lawmakers, who defected to the All Progressives Congress (APC) in the previous year got relief from the court, as the case instituted against them were thrown out by the court for want of prosecution by the litigants.
The court did not only come to the aid of the defected lawmakers, it equally threw out a suit filed against five state governors, elected on the platform of the Peoples Democracy Party (PDP) but later defected to the All Progressives Party (APC).
PDP had sued Governors Rotimi Amaechi (Rivers), Abdulfatah Ahmed (Kwara), Murtala Nyako (Adamawa), Alhaji Magatakarda Wamakko (Sokoto) and Rabiu Musa Kwankwaso, in a bid to sack them for defecting to the opposing APC.
But in June, a Federal High Court struck out the case on the grounds that the governors were not properly served with originating summons.
Aside the politicians, the judiciary also saved the day for 16, 000 suspended resident doctors, who went on strike protesting their poor service. After announcing their suspension, the Federal Government had directed Chief Medical Directors in its employ to effect the sack of the embattled doctors. But in a ruling on August 25, the National Industrial Court issued an order restraining the Federal Government or its agents from carrying out the sack on the grounds that the hapless doctor had file a suit against the government. The case later settled out of court and the doctors reinstated.
In the outgoing year, the judiciary also put to rest the agitation for the use of Hijab in public schools in Lagos State, as a state High Court dismissed a suit challenging the proscription of Hijab use in public schools in the state. The suit was filed by the Muslim Students of Nigeria (MSSN) against the state government.
Despite all these positives on the part of the judiciary, a few instances, however, blotted the reformatory efforts of its leadership. The crisis of succession that rocked the Rivers State judiciary seemed intractable throughout the year. The crisis in the state’s judiciary could be traced to July 9, 2013 when five lawmakers, mainly of the People’s Democratic Party (PDP), led by Hon. Evans Bapakaye Bipi, staged what many would love to call a “parliamentary coup.”
Though the action was aimed at impeaching the Speaker of the Rivers State House of Assembly, Rt. Hon. Otelemaba Dan Amachree, many believed it was a decoy to actually hit the governor, Rotimi Amaechi, by impeaching him over his alleged face-off with the Presidency. The realisation of that plan is basically what is affecting the state judiciary till date.
The crisis, which later consumed the governor preferred choice for state’s chief judge, Justice Peter Nwachukwu Nwoke Agumagu, as he was suspended by the NJC, has not given his contestant, Justice Daisy Okocha any free hand to operate despite her forcefully installation as chief judge of the state. Unfortunately, after the retirement of the former chief judge of the state, Justice Nchie Ndu, who was appointed by the former governor, Peter Odili, on November 1, 2001, no substantive CJ has been appointed by the Rivers State government so far and everything appears to be in a state of comatose.
Aside Rivers episode, the out-going year also witnessed an unsavoury development in Ekiti State, where suspected political thugs swooped on the state court and beat up Justice John Adeyeye and torn his robe. The record book of the Chief Judge, Justice Ayodeji Daramola, was also torn by the rampaging thugs, who came to disrupt the proceedings at the state Election Petitions Tribunal, in the aftermath of the governorship election that produced Governor Ayodele Fayose as winner.
The unfortunate situation forced Justice Daramola to order the immediate closure of all the high courts in the state.
Other black spots in the positive achievements of the judiciary in the outgoing year were the gruesome assassination of two lawyers, Mr. Eguono Dafiogho and his junior, simply identified as Sam in Delta State on their way to court as well as the untimely death of one the future light of the Bar, Mr. Bamidele Aturu, after a brief illness.
The outgoing year also witnessed the retirement of Justice Aloma Mukhtar as Chief Justice of Nigeria and the appointment and inauguration of her successor, Justice Mahmud Mohammed.
At the Bar level, a new helmsman also emerged in person of Mr. Augustine Alegeh after a delegates conference of the lawyers, held in Abuja.
Earlier in the year, the Court of Appeal got a new head, Justice Zainab Bulkachuwa, after her confirmation by the Senate.
Without any gainsaying, the nation’s judiciary has lived up to its billings in 2014, not only in dispensing justice as at when due but also by not sparing the rod against its own erring officers. And with this internal cleansing, the populace is at peace that the courtroom can now be regarded as haven justice and not trade centre, where justice only goes to the highest bidders.