Zimbabwe Judiciary in Tanzania to Learn

ZIMBABWEAN Judicial officers led by Judge President of the High Court Justice Mary Dube are currently Tanzania observe how the country runs its judiciary with a major focus on Information Communication Technology (ICT).

“We do not know exactly how you go about this, that is one of the reasons why we are here, we want to learn so that when we go back home, we will be able to implement the system. We are also here to know how Tanzania got a way to get people from rural areas become connected easily to the system,” she said.

“As you highlighted earlier on, Tanzania is an old friend of Zimbabwe… and there are so many other African countries in this continent, which are ready on this system, but we chose you (Tanzania) because of your existing good relationship with us,”

“We are here to learn, we have embarked on the system, but we obviously want to make improvements …. before we embarked on the system, we used to hear matters physically, pleadings were being filed physically. We hope that we will be able to learn from your experience(s), we will share the little that we have gathered so far in the past two years,” Justice Dube disclosed.

Injustice-Enter the Twilight Days

Equity, Justice and Fairness currently remains perpetually in the refuse bins of many offices, just as injustice has occupied space in most states of Nigeria. Sadly, the activities of those in the Judiciary have further aggravated the worrisome situation, while millions of Nigerians continue their lamentations for those who care to listen to their plight. Interestingly, those-in-authority who facilitated the pitiful state of justice delivery are now vigorously promoting alternative dispute resolution in the states to disguise their evil deeds. Indeed, the evil that men have done and shall do now will live with them in their twilight days. Note-For the credibility, transparency and reliability of the judiciary to be preserved and remain unblemished, responsible and focused career officers ought not to abandon their duty posts for trips into controversy.

CJN's Travails : We Need to discourage the building of strong and powerful individuals-Prof Olagoke

Not long ago, President Muhammadu Buhari, suspended the substantive Chief Justice of Nigeria(CJN), Justice Walter Onnoghen, over issues relating to Justice Onnoghen's assets declaration forms with the Code of Conduct Bureau.
President Buhari based his actions on the order of the Chairman of the Code of Conduct Tribunal, Justic Danladi Umar. A sizable number of Nigerians at home and abroad have condemned the President's action, they argue that his action did not follow the rule of law and due process. Interestingly, a section of the political class applaud the action of the President while another section maintain that Justice Onnoghen' suspension was politically motivated. In this interview the Founder, Spiritual head and Grand Imam of Shafaudeen-in-Islam Worldwide, Prof. Sabitu Olagoke opines that the Federal Government should start building strong institutions and not strong individuals who are above the law.
Excerpts :
What is your reaction to the suspension of the Chef Justice of Nigeria, Justice Walter Onnoghen ?

Nigeria is the most unfortunate country where all equations have defied the natural rules of law and conservation of matters, which has always plunged the country into a state of disequilibrium.
Leaders do not respect the people that give them the mandate and the people also lack the culture of respecting our leaders.
Under these circumstances, the tripodal stand of Democracy viz-a-viz the Legislature, Judiciary and Executive, suffer from a non-aligned centroid  or centre of gravity.
The three arms of government do not cooperate in the quest to functionally operate for accelerated development, where cohesion is lacking, Chinua Achebe's ''Things Fall Apart'' becomes a point of reference.
In developed countries, where there is integrity, immediately a public officer has been discovered to have abused the office he occupys, by not going through due process to attain it, resignation should follow.
The constitution may not specifically talk about suspension, but by implication, it must have addressed the areas of possible executive  intervention.
More so, when the President  insisted that he acted on the order of the  Chairman Code of Conduct Tribunal.
The major problem we are having in Nigeria is ignorance, due to the disturbing mass low level of education, where the majority of the people do not have direct access to the rights of the people, constitutionally or otherwise.
This has made the few governing us or those in positions of influence and affluence to kill people perpetually in a state of darkness, prompting them to pass judgement on issues that are intricate with bogus demand for explanation.
If an ordinary man had been trapped under such an allegation, the case would have been that of the passage of a silent judgement.
 If the executive is not in the good books of the Legislature and the Judiciary, based on the antecedents of the  records, sentiments would now be the only option for the masses on such issues like this.
When the culture of integrity is restored, we will stop hiding under the constitution which we all agreed is faulty ab intio because it was the import of the military Oligarchy in Nigeria.
Why is it taking us so long a period to overhaul or amend  the constitution, as appropriate, to be able to offer good governance ?
The whole scenario starting with the dismissal of the motion of the Chief Justice at the Appeal court, the clearance of the Chairman of the Code of Conduct Tribunal(CCT) of corruption allegations by the Economic and Financial Crimes Commission(EFCC), which is not a court of law, the petitions against the CJN, Acting CJN and the Chairman of the CCT presently before the National Judicial Commission(NJC) and the queries it has issued to the CJN and Acting CJN, while that of the Chairman of the CCT has been referred to the Federal Judicial Service Commission, portends that justice is now in the theatre of politics.
What is most important to Nigeria, is that we need to discourage the building of strong and powerful individuals, who are above the law, but focus on building strong institutions that will easily create a balance of justice system between the rich and the poor, using the tool of Corporate Governance Perception Index, that will make management, administration and governance to follow the due process of accountability and transparency.
The focus should be on the individual person brought to justice, no matter how highly placed such an individual might be, just like any common man would have been dealt with, without raising eyebrows.

The Last Resort of The Common Man : Nigerians Keep Hope Alive On The Judiciary

The Justice Kayode Esho panel report on the Judiciary of 1994, indicted several Judges in Nigeria for wrongdoing.
 Although the report recommended most of the Judges, including Justice N.S.N Onnogben, then a Judge of the Appeal court , Calabar, Cross River state, for retirement/dismissal, the Judicial review panel headed by Justice Bolarinwa Babalakin gave most of them and Justice Onnogben a clean bill of health, thereby nullifying the recommendations of the Justice Esho panel.

 Justice Onnogben was a high court Judge, when the recommendation was made, but was however, promoted to a Judge of the Appeal court.
 Again, the Justice Babalakin panel reversed the recommendation by the Justice Esho panel that Justice E.I.D Emeordi of the Delta state Judiciary be dismissed.

 This reversal did not go down well with the Delta state government, which eventually retired Justice Emeordi and Justice G.O Akoro. While justifying his retirement, the then Attorney General and Commissioner for Justice, Amos Utuama had said ''The Judges were tried by the NJC.

Recommendations were made to Government and based on the recommendations the Judges were duly retired. That was rule of law at work''. Is the rule of law at work today, in Nigeria's Judiciary ? The answer could be seen in happenings in the court rooms all over the land.

 Indeed, Nigerians hailed the decision of the then President, Chief Olusegun Obasanjo, when he decided to implement the recommendations of the Justice Esho panel on the Judiciary.

 The Justice Babalakin review panel had invited all serving Judges that were indicted by the Justice Esho panel and whom it had jurisdiction to deal with.

The panel heard and considered their defenses. Out of 14 of them, eight were given a clean bill of health and their indictment overturned. Of course, a transparent cleansing of the Judiciary would improve its functionality.

As the rot eats deep, with other category of staff in the Judicial system playing a major role, there is also increase in the number of corrupt lawyers. In an interview with a weekly publication, in 2002, human rights activist and Lawyer, Femi Falana(SAN) had said '' A Judge was recently identified in Lagos, for granting bail to some convicted persons, who had been tried and jailed under Federal offenses.

 Indeed, they all appealed. It took two to tango, the lawyer who filed the application before that Judge knew all the facts of that case, at the end of the day the Judge was removed and nothing happened to the lawyer, he would continue such atrocities.

So the business of purging the Judiciary of bad blood, the role of the Lawyers has to be seriously examined, otherwise we are not going to get to the root of the mess''.

 Of worry, is the fact that the 'mess' has made most Nigerians to view the Judiciary as unpredictable and unreliable.

 Several years after nothing has changed in the nation's Judiciary. The Judicial system requires a total overhaul, which can only be done after a massive purge of corrupt officials. Can this be achieved in this era of change ? Nigerians have great hopes and expectations.