Act Now To End Conflicting Court Judgments, Edwin Clark Tells CJN
Ijaw leader, Chief Edwin Clark has urged the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola to reorganise the judiciary.
Clark in an open letter to the CJN, said it has become necessary to halt the slide of the judiciary.
He pleaded with the CJN to use his good office to change the trajectory around the judiciary.
The one time national commissioner also urged the CJN to address the issue of embarrassing, conflicting and contradicting judgement.
He advised Justice Ariwoola to use his authority as the CJN too reorganize the judiciary.
He also reminded the CJN of his role in the famous petition against the immediate past CJN, Justice Tanko Muhammad.
The judges had raised issues around vehicles, electricity tariff, supply of diesel, Internet services to (Justices’) residences and chambers, and epileptic electricity supply to the court.
The judges also complained about stoppage of trainings under the last CJN.
He said: “My Lord, I have decided to write this open letter to your Lordship as Chief Justice of Nigeria (CJN) because the alleged corruption and the malpractices in the Judiciary amounting to the naked abuse of the office can no longer be tolerated because it is a big dent to the image of the noble profession to which we all belonged.
“I have seen the Judiciary and the legal profession at it best. It was the pride of the then legal practitioners and the most revered Justices of the various courts of Nigeria and the posture of our most revered Justices that attracted some of us to study law in the United Kingdom.
“My Lord, who led the Supreme Court Judges in the historic petition or memorandum is now in the saddle as Chief Justice of Nigeria (CJN), and you have every authority and responsibility to correct these grave anomalies in the above historic letter written by the Hon. Justices of the Supreme Court under your leadership.”
He also warned against “socialization between the judiciary and some Senators who are facing criminal charges in their courts.
He added: “One of the easiest way that the Judges could be influence when some of these Senators facing trials in the court freely meet with the CJN and other Judges at parties, occasions or at government functions and other public gatherings.
“One of my motivations for study law was the respect and honour given to Judges and Lawyers in the society was that they were indeed placed after God. Today, where is that honour and dignity? I’m not suggesting that the Judges should be isolated from society and other people.
“However, by the nature of their confession and calling, judges should not comonalize themselves with execise discretion in the circles of people they make up with.”
The elderstateman, who also frowned against contradicting judgment by same court, urged the CJN to take action so as to curb the slide.
He said: “Embarrassing, conflicting and contradicting judgement by the same court sitting in various states in the country have now become the order of the day which have now extended to the Court of Appeal.
“It should be noted that the Federal High Court Act and the Court of Appeal Act created only one Federal High Court, and also the Act establishing Court of Appeal also created one single Court with several Divisions, and this conflicting judgements are traceable to these Divisions as if they are independent Court in this modern technological age.
“I repeat, as Chief Justice of Nigeria, you have every authority to reorganize the Judiciary.”
Clark therefore challenged the CJN to do the needful.
The Ijaw leader also suggested that the CJN should “investigate the activities of both the judicial and non-judicial officers of these courts seriously involved in these corrupt practices and even some of the Senior Advocates of Nigeria who are handling these cases who have also helped to perpetrate these evil after collecting huge professional fee.
He added: “The necessary laws and rules of procedure involving all corruption cases in the country should be amended so as to shift the burden of proof to the accused or corrupt officers for him to prove how he acquired his wealth or assets and not the prosecution.”
