Don’t Succumb To “Mob Mentality” In Deciding Cases- CJN Ariwoola To Judges
The Chief Justice of Nigeria, Justice, CJN, Olukayode Ariwoola, has urged judges on the nation’s bench to strive to overcome what he described as “mob mentality” in dispensing justice.
He said they should not give in to mob mentality, insisting that public opinion and emotions can never take the place of the law in deciding the cases.
Ariwoola spoke on Monday in Abuja at the opening of the special session of the 2023/2024 Legal Year and the swearing-in of 58 newly appointed Senior Advocates of Nigeria (SANs).
With the contentious and complex nature of electoral disputes and the recent outcomes, he urged all judges to always “discharge all judicial functions with all humility at your command.”
According to him, “I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all your judicial functions with all humility at your command.
“Even while doing this, it is still necessary to have at the back of your mind that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before you.
“The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to sever the strings of emotion from logic and assumption from fact.
“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.
“Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the Judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided.”
Ariwoola said judges must make books their armour and not be afraid of venturing into “unchartered territories”, stressing that it is through this that they “confront the headwinds of ignorance, conservatism and stagnation.”
He said: “I therefore, advise all judicial officers serving in our jurisdiction to make books their armour and hard work their armaments to confront the headwinds of ignorance, conservatism and stagnation.
“It is imperative to know that the world we are only remembers those who lead from the front and set trends for others to emulate.”
Meanwhile, Justice Ariwoola has hinted that the Supreme Court will soon get an additional set of Justices to increase the number to 21, as prescribed by the constitution.
He noted that this was the first time the apex court is left with just 10 justices, as the number had depleted in recent months, leaving the court with enormous workload, due to the number of appeals brought before it, including election matters.
Ariwoola announced that the Federal High Court has had 23 new Justices sworn in, while the Court of Appeal has had 9, all in a few months, and said the Apex Court in the same vein, will also have new Justices, to help ease the pressure on the court.
He said, “What has been pending for a very long time; even long before I assumed office in June, 2023, is the appointment of Justices to fill the many vacancies that have been created as a result of deaths and retirements of our brother Justices.
“For the first time in the history of the Supreme Court, eight Honourable Justices were sworn-in to fill the positions vacated by our esteemed colleagues who retired; as well as enlarging the profile of our judicial strength by increasing the number of Justices to an all-time high number of 20 in November, 2020.
“That, indeed, was the first of its kind in our history. If for anything, that interesting development has, to a large extent, increased our adjudicatory capacity and reduced the number of nights we stayed awake as a result of workload. That in itself was a cheery news to the retinue of appellants that throng the Court on a regular basis.
“However, that joyful moment soon paled into lamentation and intense complaints of some sorts from various quarters, as the trend experienced a sudden reversal, owing to the un-fanciful gale of retirement that soon hit the Court, which has, for the very first time in a very long while, brought the number of our Honourable Justices to an all-time low of just 10 Justices.
“Efforts were made by my predecessor to increase the number but that was unsuccessful before he left office. However, the cheery news is that as soon as I assumed office on the 27th day of June, 2022, I immediately got down to work on this urgent and immediate need in particular.
“Though we have not gotten them on board yet, I can convincingly assure the litigant public that within a very short while, the Supreme Court of Nigeria will, for the very first time in its history, get the Constitutionally-prescribed full complement of 21 Justices. That is one of the legacies I have been working assiduously to leave behind as it now seems that the Court has been somewhat ‘jinxed’ from meeting its Constitutional requirement since that piece of legislation was enacted several years ago”.
Ariwoola said the Judiciary is poised to reposition effectively for effective justice delivery, adding that the judiciary is determined to earn public trust, both nationally and globally.
He said “The rule of law and the holistic independence of the judiciary should always be cherished by all. As the Chief Justice of Nigeria, I will do everything within my ability to make it remain part of my responsibility to nourish.
“The Judiciary, as it is today, is more deserving of public trust and confidence than ever before; and we are poised to reposition it for effective justice delivery to make our beloved country a destination of note in the observance of the rule of law and tenets of Constitutionalism. Nigeria must move forward in all spheres of life; and we must collectively evolve a society where things must be done right to get the right environment for every right thing to thrive rightly for our collective good.
“Let me state it clearly here that the true touch-stone for measuring the success of a Judicial Institution is the degree of confidence reposed in it by the public. It is a solemn pledge that we, as a judicial body, are making at this occasion that we are definitely going to work more assiduously and tirelessly to make our country earn for itself the fullest respect and confidence of both the citizens and the international community”, he said.
He congratulated the new Senior Advocates and charged them to uphold fairness and maintain the integrity of the profession at all times.
