Can New CJN Sanitise The Judiciary?

With the recent appointment of Justice Mariam Aloma Mukhtar as Nigeria’s new Chief Justice, the ratio in gender consideration for the first time in the history of the country could be said to be fair. Two men to one woman is a good ratio, and it should be a base of comparison between the leadership of the male and that of the female at the end of this administration. This development is a good omen to Nigeria if the opportunity can be utilised to the best interest of the citizenry and enthronement of democracy and the rule of law.

The executive and the legislative arms of Nigerian government have never been entrusted to Nigerian women. The first female Speaker of the lower chamber of the National Assembly, Hon. Patricia Etteh, which was the highest elective position ever occupied by a woman, was impeached.

Mukhtar’s appointment is another outstanding achievement by President Goodluck Jonathan. Despite opposition against Aloma’s emergence as the CJN, the President, who has shown clear disposition to empowerment of Nigerian women and the recognition and promotion of excellence. He has made history as the first Nigerian president to appoint a first female CJN. More women (at least 35% of the executive members) are in his government.

Mukhtar was the first woman on the bench and the first female Justice of the Supreme Court. She was also the first woman to be appointed into the Appeal Court. In 2000, she served in the Court of Appeal and ranked third in seniority behind his predecessor, Justice Dahiru Musdapher and the President of the Court of Appeal. In 2005, she was confirmed as Supreme Court Justice and was much later joined by Justices Olufunlola Adeyeye and Mary Odili.

She is the 13th indigenous CJN Nigeria has produced. The past CJN include, Adetokunbo Ademola (1958–1972), Teslim Olawale Elias, (1972–1975), Darnley Arthur Alexander (1975–1979), Atanda Fatai Williams (1979–1983), George Sodeinde Sowemimo (1983–1985), Ayo Gabriel Irikefe, (1985–1987), Mohammed Bello, (1987–1995), Muhammad Lawal Uwais, (1995–2006), Salihu Moddibo Alfa Belgore, (2006–2007), Idris Legbo Kutigi (2007–2009), Aloysius Ignatius Kastina-Alu (2009 -2011) and Justice Dahiru Musdahper (2011-2012).

Justice Murkhtar has been described as a trail blazer in her career and one who has risen to the pinnacle in the judiciary on account of her brilliance, resilience and hardwork. President Jonathan acknowledged this in his letter to the Senate that, “There is the hand of destiny in the life of this distinguished jurist. From the records, she was the first female lawyer of the Northern extraction, the first female high court judge from the North, first female second-in-command, Kano State judiciary, the first Nigerian female jurist to be elevated to the Court of Appeal where she served for over 17 years. Her lordship’s achievement is an inspiration to all citizens especially womanhood not only in Nigeria but also in Africa and the rest of the world”.

Since her appointment by the President, reactions have been pouring in as to whether she is capable or not to lead the judiciary at this trying period. This is no doubt a challenge to the new CJN.

She should see her appointment as a heavy task that has been placed on her shoulders. She must tell the world that Nigerian women have come of age.

Even though her appointment was made by the  President, it should not be the basis for her to subject the judiciary which is the last hope of common man to the dictate of other two arms. There are a lot of rots in the judiciary which demand the employment of judicial officers with wealth of experience in criminal jurisprudence and terrorism to preside over the courts. She should base their appointments on merit and ensure that she fulfills her promise of cleansing the system.

Cleansing an already established system in Nigeria is not just as easy as reeling out measures to do it. Rhetorics are mostly employed in solving Nigeria’s problem. This has not yielded positive results.

There have been serious complaints of delayed trials particularly in cases of corruption, terrorism and other matters of serious concern. Many citizens have been behind the bars for very minor reasons, while others have been moving freely on the streets in Nigeria and abroad, yet with very serious punishable offences.

Such complaints have forced many Nigerians to seek the creation of special courts or designation of special judges with the required experience and speed to handle them. As the CJN seems to have opted for the second choice of designating special judges, she has to ensure that the judges to be appointed into such positions are incorruptible.

Her promise of reforming the judiciary which was made clear during her confirmation by the Senate is a heavy burden. If the reformation of the Nigerian judiciary can be possible under a woman, this may prompt many Nigerians to opt for a woman leadership at the National Assembly and even first Nigerian president. This is the beginning, nay, the testing beginning for Nigerian women. Justice Murkhtar cannot afford to disappoint the women folk.

But can there be any change in the judiciary under Murkhtar? Can our judiciary really become a house of incorruptible judges and justices? Time will tell.

Ajah, a writer and advocate of humanity and good governance writes from Abuja.

Muhammad Ajah