New CJN vows to maintain independence of judiciary

From Fred Itua, Abuja

Nigerians’ wait for a substantive head of the judiciary ended yesterday, with the Senate confirming Justice Samuel Walter Onnoghen as the Chief Justice of Nigeria (CJN). When sworn-in, Onnoghen will be the 20th CJN, having succeeded Justice Mahmud Mohammed, who retired late last year.

The confirmation of Onnoghen, who was in office in acting capacity for more than three months, came after senators questioned him, in a 1.15-minute screening.

The confirmation hearing commenced at about 11.45am, when Onnoghen was ushered into the Senate by the Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Ita Enang. He was also accompanied by Governor of Cross River State, Professor Ben Ayade, and other justices of the Supreme Court.

Onnoghen hails from Cross River State.

The new CJN, who got unanimous approval of the senators, had, during the screening, responded to series of questions posed by lawmakers, particularly on the independence of the judiciary, reforms and corruption.

Deputy Senate President, Ike Ekweremadu, had released the first salvo, during the screening, when he queried the time-frame within which election cases are dispensed with in the various courts.

He also sought the opinion of Onnoghen on the setting up of special courts to prosecute corruption cases. He also asked Justice Onnoghen if the judiciary could still discharge its duties despite the intimidation by anti-corruption agencies.

Senate Leader, Ahmad Lawan, on his part, pleaded that a better working relationship should be established between the judiciary and the legislature in the interest of the nation. He urged the CJN to explain to Nigerians how he intended to rebuild the confidence in the judiciary.

Responding, Onnoghen said he was already working round the clock to ensure that corruption, terrorism and cases related to the economy got needed attention.

He said: “We are doing everything possible to dispense election matters on time. I have to send circulars to courts to send me the list of pending cases on corruption, terrorism, issues that affect the economy. I wanted to know why the delay.”

Justice Onnoghen said he was not against the setting up of special courts to handle corruption-related cases, adding that it was the sole prerogative of the Federal Government to do that.

“The decision about the establishment of special courts to try corruption cases rests with the government. I believe we will get out of this challenge we are facing,” he said.

He vowed to uphold the integrity of the judiciary, by ensuring that its independence was maintained.

“I will not compromise on the integrity of the judiciary. The judiciary is the hope of the common man. The judges are being tried. It will subjudice for me to comment on a case already in court. I do not want to be held in court contempt,” he said.

Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, spoke on the judgment Onnoghen delivered in 2008, in a case between President Muhammadu Buhari and the late President Umaru Musa Yar’Adua.

He  asked if Justice Onnoghen would exhibit the same courage, as he did when he delivered a minority judgment in favour of President Buhari in 2008, now, in the discharge of his duty.

Senator Godswill Akpabio, who serves as the Senate Minority Leader, questioned Onnoghen on how he intended to ensure that the judiciary was independent and free from interference from other arms of government.

Responding, Onnoghen said as CJN, he would continue to exhibit uncommon courage in the interest of Nigeria and Nigerians.

He said: “The fear of me not exhibiting the uncommon courage I had exhibited is uncalled for. I still have that courage. It has not changed.

“I assure you that the independence of the judiciary will continue. Under my watch, it will be reinforced. If you do not have an independent judiciary, you cannot have a decent society. Justice is blind. It does not look at who is involved.”

Onnoghen also spoke on the issue of conflicting judgments often given by judicial officers. He said: “Conflicting judgments are bound to happen. Through the means of appeal, we can deal with the issue of conflicting judgments. I assure you that the judiciary, under my watch, will not be pocketed. I do not think that can ever happen.”

Deputy Senate Leader, Senator Bala Na’Allah, on his part, asked Onnoghen if he would be ready to give judgments against the executive over some of their reckless decisions.

Senator Olusola Adeyeye, Chief Whip, asked if the judiciary under the watch of the new CJN was ready to modernise in tandem with global best practices.

There was a loud silence in the chamber when Onnoghen asked lawmakers if Nigeria was willing to ensure that any judgment passed by the courts, as practised in other climes, were implemented by the executive, as against the current selective implementation by the Federal Government.

Onnoghen was still responding to Akpabio’s question when he raised the poser. He accused politicians, including senators of filing frivolous appeals, despite laid down ethics.

“Some of you know that some cases should end at the Court of Appeal. Why should you bring the cases to the Supreme Court? What for? You know, but you still go ahead to file such cases. A new law is coming where lawyers will bear the cost of the appeal for refusing to advise their clients properly,” he said.

There was a brief disruption in the chamber after Onnoghen’s remarks. Lawmakers started murmuring until the Senate President, Saraki intervened.

Surprisingly, Saraki told Onnoghen to take a bow and leave the chamber, despite protests from lawmakers who insisted that they wanted to ask more questions.

In his remarks after the confirmation of Onnoghen, Saraki noted: “I think he (Onnoghen) appreciates more than everybody else the responsibility and the challenges he has ahead in addressing and restoring the integrity and confidence of Nigeria people in the judiciary.”

“We hope, on behalf of his colleagues, that they will continue to ensure that the judiciary is the last hope of the common man and this is an opportunity to continue to close relationship with the three arms of the government.

“We look forward to a productive relationship between the judiciary and  the legislative arm of government in the interest of our great nation.”