'Kutigi CJN: The Tasks Ahead' By Adesina Ogunlana

Vol 7 No 14, 22nd January 2007

THE LEARNED SQUIB



Idris Legbo Kutigi. That’s our new Chief Justice of Nigeria. Ku-ti-gi. What do you think the name means? I don’t know but if the meaning is anything near the sound, it should not be too far from durability and toughness.

Watching Justice Kutigi on the T.V, take the oath of office last week, I could not help but remember my school days. For I saw the old man carrying a brown leather bag on his shoulders, cutting a meek picture indeed.

After the oath taking, the new chief justice shook hands with President Olusegun Obasanjo with a deep bow of humility and gratitude rolled together that seemed almost servile. I only hope that looks in this case will be very deceptive.
The job of a Chief Justice of Nigeria is certainly not for the weak or the soft hearted.

In a dynamic polity like Nigeria regularly heated up by mischievous and professionally irresponsible politicians ably supported by all manners of spin-doctors and legal mis-advisers, the courts cannot afford to be soft and weak. As we all saw, it was the speedy, muscular and decisive action of the Oyo State impeachment case by the Supreme Court that put the ugly situation in Oyo State under control though all is still not well there.

If in non election years (2004 – 2006) politicians have been so disturbingly riotous, one can easily guess how turbulent and dastardly their antics will be in an election year such as this. The power struggle will be very intense and the tribunals and courts are going to be very busy. The politicians will be bullish for election is war by another name, so the judiciary must be strong and muscular to act well.

Of course, the leadership of the Supreme Court is vital in this regard. The legacy of the outspoken and active immediate past Chief Justice, Belgore CJN should be preferred to the somewhat docile, dovish posture of Lawal Uwais, Belgore’s successor.

The discipline of judges is another crucial task that Kutigi must see to. The lower ranks of judges and magistrates include some funny and in some cases notoriously despicable characters who have no business being on the bench even for a second. Corrupt judges should not be tolerated, ditto for those who mix law with politics like Bamisile J and Aladejana J of Ekiti State.

In all, the judiciary must assert its independence and refuse to be subservient to any of the other two arms of government – the executive and the legislative.

And so dear Justice Kutigi, welcome to the hot seat. May God be with you and be your guide.