Judges deviating from norms – CJN

Despite the availability of numerous guiding provisions, the departure from established norms by certain judges is increasing, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed said yesterday.

Mohammed, who spoke at the opening ceremony of the 32nd Annual Judges’ Conference of the Federal High Court in Abuja, said recent events at Federal High Courts had thrust the issue of conflicting judgments to the forefront of the nation’s consciousness.

There had been a recent increase in cases of conflicting judgments, such as the case of the two factions seeking the leadership of the opposition People’s Democratic Party (PDP) getting conflicting judgments from three Federal High Courts in Port Harcourt, Lagos and Abuja. He said it was astonishing that these conflicting judgments were being recorded even with clearly laid down provisions in the 2009 Federal High Court Civil Procedures Rules which stipulate that: “A case may only be heard where the cause of action arose” as well as various practice directions and precedents of superior courts among others.

He said appellate courts were established because certain variations could not be ruled out in the decisions of courts of coordinate jurisdiction but that it was most ridiculous when judges of the same court seemingly sit on appeals over the judgments of their brother judges to the extent of mounting personal attacks on their own colleagues.

“This situation not only portrays the justice system as being a confused institution, but at worst we are looked upon as morally bankrupt,” he said.

The CJN noted that the issues of conflicting judgments that were recently recorded were already being scrutinised.

“I can assure you that that situation, which recently played out at the Federal High Court, is already before the National Judicial Council,” he said.

He advised that judges must strive to be apolitical, neutral and independent in matters that pertain to the business of the court, and that the lure of corruption and temptation to adjudicate on narrow perceived grounds must be avoided.

He urged judges to be certain in their determinations and avoid vague decisions that could leave their judgments open to misinterpretation.