The Chief Justice of Nigeria (CJN) Justice Tanko Muhammad says the judiciary can not be blamed for delays in high profile cases.
The CJN’s position is contained in a statement issued by his Senior Special Assistant on Media on Monday in Abuja.
He said the position of the Minister of Justice and the Attorney-General of the Federation, Abubakar Malami (SAN) that the Judiciary be held responsible for delays in the trial and delivery of judgments in corruption cases involving politically exposed individuals appears to be one-sided.
“The Nigerian Judiciary is not here to lay claims to being perfect but when the political and economic conditions under which it is operating is compared with its counterparts in other climes, it would be adjudged a prize model.
“The Judiciary by its constitutional position does not have a criminal investigations unit or Fraud Detective Squad to detect and investigate criminal involvement of any person, neither does it have a garrison command to fight its cause or enforce its orders and decisions.
“More often than not, the Federal Government’s prosecution sector files more charges than it can prove or provide witnesses, at times as a result the prosecution even fails”.
He said that the Administration of Criminal Justice Act (2015) under reference is infected with sores in some parts, making speeding adjudications impossible in some instances.
“In some instances the high volume of cases, limited number of judges, poor infrastructure or archaic equipment also contribute to the challenges”.
He noted that the federal government had while giving reasons for its under-funding of the Judiciary, on January 26, at the Nigerian Bar Association (NBA) Justice Sector Summit 2022 in Abuja said that the Judiciary has not been transparent in the spending its yearly allocations.
“The Judiciary has refrained from joining issues all this while but to state the facts in line with the budget call circular and ceiling the Federal Government sent to the Judiciary before the beginning of the fiscal year.
”The,Judiciary prepares its budget estimates for capital, overhead and personnel costs according to the ceiling, needs and priority.
“The Judiciary defends its budget before the Senate and House of Representatives Committees on Judiciary at the National Assembly, besides the initial vetting by the Executive.
“It also has an internal mechanism for budget control and implementation. Each Court and judicial body has a budget unit, the accounts department, internal audit, Due Process Unit, as well as Departmental Tenders Board.
“There is also a Due Process Committee at the NJC and the Judicial Tenders Board that award contracts on expenditure above the approval limit of the accounting officers of the Courts and judicial bodies”, he added.
He said the layers of control were established by the Judiciary to ensure transparency, accountability and effective budget implementation.
“Similarly, by virtue of Sections 88 and 89 of the 1999 Constitution, the National Assembly carries out oversight visits to the Judiciary to monitor the implementation of its budget.
“Section 88(2)(b) also mandates the National Assembly to expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
“The Executive also put in place some mechanism to monitor budget implementation and accountability in the Judiciary through its organs like the office of Accountant General of the Federation and Auditor General of the Federation, and other agencies where the need arises”.
According to him, apart from the internal audit units of the Judiciary, the Federal Audit Department maintains offices in all the courts and judicial bodies that monitor spending in the Judiciary.
“If the Federal Audit raises a query on any transaction and it is not well defended, it sends the report to the Public Accounts Committees of the National Assembly and officials of the Judiciary would be invited to explain themselves.
“The question to ask is, who else should the Judiciary open its account books to, and who among these organs had raised exceptions which were not defended by the Third Arm?
The answer is none.
“One only hopes that these allegations against the Judiciary by the Federal Government is not just a way of giving a dog a bad name so as to hang it”, he concluded.
Just In : Supreme Court affirms Osun Gov-elect, Adeleke as PDP candidate
The Supreme Court, on Thursday, affirmed the Governor-elect of Osun state, Senator Ademola Adeleke as the authentic candidate of the Peoples Democratic Party, PDP, for the gubernatorial election that held in the state on July 16.
The apex court, in a unanimous judgement by a five-man panel of justices, dismisses an appeal that was lodged against Adeleke by Prince Dotun Babayemi who laid claim to governorship ticket of the PDP, having emerged from a parallel primary election that was held by a faction of the party in the state.
Counsel to the Appellant, Mr. Adebayo Adelodun, SAN, withdrew the appeal after the panel led by Justice Amina Augie, drew his attention to the fact that the case was statute barred.
The panel had maintained that the appeal was incompetent, stressing that it was filed outside the 14 days period provided by the law.
SUPREME COURT RULLING : PDP, Adeleke optimistic, Babayemi mum over court ruling
Osun governor-elect, Senator Ademola Adeleke, on Wednesday expressed optimism of a favourable judgement as Supreme Court rules on the suit instituted against his candidature as the flagbearer of the Peoples Democratic Party in the Osun July 16 governorship poll.
Supreme Court is expected on Thursday to rule on the case filed against Adeleke by a governorship aspirant on the platform of the PDP, Prince Dotun Babayemi, who had asked the court to invalidate primaries that produced Osun governor-elect, citing non compliance with court order.
In his judgement on the matter on May 18, Justice Nathaniel Ayo-Emmanuel of a Federal High Court, sitting in Osogbo, had upheld the governorship primary that produced Adeleke.
Also, the Court of Appeal, Akure Division, in its judgement of July 20 on the appeal filed against the decision of the Federal High Court, Osogbo, aligned with the lower court and dismissed Babayemi’s appeal
Ahead of the Supreme Court judgement this Thursday, Adeleke in a statement signed by his spokesperson, Olawale Rasheed, said he expected a favourable judgement from the Court.
The statement further read, “There is no tension here. His Excellency calls on his supporters to remain assured of eventual victory because we stand on legality from the begining of the process to the end. Our positive expectation is also borne out of the strong faith Senator Adeleke has in the judiciary as a house of justice and seriousness.
“The judiciary and all stakeholders are fully aware that the primary that produced Senator Adeleke is approved and supervised by the National Executive Committee of the PDP with electoral Commission in attendance and with the right legal candidate participating. So the Governor-elect has absolute faith in the judiciary. His message is for our people to be calm as victory is right at our door.”
Efforts to get Babayemi to comment through the spokesperson of his campaign organisation, Kayode Oladeji, proved futile as calls did not go through to his mobile line and he had not responded to a text message sent to him asking for comment as of the time of filing this report.
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