Judges dishing out misleading, conflicting orders must be punished, says CJN

…Says offending orders emanating from courts of coordinate jurisdictions make mockery of the judicial system

BY ANDREW OROLUA

The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola said on Wednesday that erring justices and judges that have treated the country to an unpalatable cocktail of misleading and conflicting judgments as well as frivolous interlocutory orders will be punished.

He said that offending orders emanating from courts of coordinate jurisdictions, “have literally attempted to make a mockery of our judicial system and flagrantly desecrate the revered Temple of Justice.”

Justice Ariwoola spoke during the inauguration of 22 new Justices of Court of Appeal and 12 judges of Federal Capital Territory, High Court.

He said he has made it known at different foras that “we have been treated to an unpalatable cocktail of misleading and conflicting judgments.

“Several cases of such abound across the length and breadth of the country. This is, largely, an embarrassment to our jurisprudence, and we will never handle it with levity. Punitive measures must definitely be meted out to such erring Judges.

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“We have already activated the process of reining-in such errant Judges with a view to making them face the consequence of their despicable and odious conduct.

“As Judicial Officers, we have to continually remind ourselves the fact that we are not occupying our respective positions to serve ourselves, but the Nigerian masses; and the best way we can serve them is by doing what will make them feel safe in our hands and also trust us to always deliver the right judgments that will not be tainted by sentiments, emotions or other clandestine considerations.

“Your Lordships for making the list and wish you the best that you can achieve in this strategic position you now occupy”, the CJN said.

“My Lords, you have just taken the oath to pledge your allegiance to the dictates of the Almighty God and the Constitution of the Federal Republic of Nigeria.

“It is a solemn pledge and commitment to good conduct in the course of your adjudication, especially as senior judicial officers in the appellate court”, he said.

CJN drew attention to the number of Justices just sworn-in and noted that it “is quite unprecedented in the recent history of the Court of Appeal. The last time we had a large number like this was on Monday, 28 June, 2021, when 18 Justices were sworn-in. That was preceded by that of Monday, 5th November, 2012 when 12 Justices were inaugurated.

Noting that the ceremony is an indication of the perilous times that we are currently in, which has resulted in an upsurge in litigation, the CJN charged the new Justices to be upright in their justice delivery to Nigerians without fear or favour.

“Several unfathomable crimes are being committed in the country, aside from the usual political matters that have made litigations to go on alarming rise.

“No Court in the land is spared of this litigation deluge, as it were. We are constantly on our toes and the dockets are ever increasing in response to the challenges of the time.

“This underscores the fact that Nigeria is fast emerging as a frontline crime-infested country that we all have to urgently curtail.

“The enormous task of cleaning the Augean stable rests squarely on Your Lordships. So, you must hastily fasten your belt and roll up your sleeves to face the challenges head-on. In other words, you should hit the ground speeding at a supersonic velocity; and not just running.

He said they must redouble our pace to catch up with the expectations of the sprawling community of litigants adding that as judicial officers, ” you have a divine mandate on earth that you must discharge with unveiled honesty and sincerity. You must give good account of yourselves to justify your elevation to the Court ot Appeal.”

“In the next couple of months, we shall be having two governorship elections in Edo and Ondo States, respectively. As usual, the Courts will be besieged with Plethora of petitions. It is our statutory duty to hear all matters that come before us and adjudicate according to the laws of the land.

“We must not falter; and we must not tread the path of infamy. Yes, it is true that we cannot please everyone through our actions and work, but with the right application of the law and the Constitution of the land, which we all have collectively pledged to uphold, we can go a long way to do those things that our conscience will be very proud of and the generality of the Nigerian citizens will equally be happy about.

He said every position we attain in life always avails us that unique opportunity to do something novel and impactful, especially if there was any previous act of wrongdoing or misapplication of discretion.

“With Your Lordships’ elevation to the higher Bench today, you have to be very mindful of the enormous confidence the public is now reposing in you vis-a-vis theis expectations.

“Like we often say, to whom much Is given, much is expected. Your Lordships must not rest on your oars, as the onus now lies more heavily on you to discharge your judicial duties more dispassionately, discretionary, and transparently.

“So, you must, individually and collectively, guide your loins to do more to earn lasting trust and integrity. Your conduct and disposition must tally with the yearnings and aspirations of the generality of the citizenry.