When in the first edition of the journal we described the indictment of Justice Dahiru Saleh, former Chief Judge of the Federal Capital Territory by the Eso Panel as a storm that would not die, little did we realize how accurate we were. Several months later, Justice Saleh, apparently not satisfied with the interview we had with his Media Assistant, Engineer Hassan Ibrahim, had the Media Assistant call on us with documents he claimed reinforced his assertions that his indictment by the Eso Panel, (and the subsequent confirmation of the indictment by the Babalakin Panel,) was the manifestation of a malevolent conspiracy to punish him (Justice Saleh) for his role in the annulment of the June 12 presidential elections, purportedly won by Chief M.K.O. Abiola, a Southerner of the same ethnic extraction with Justices Eso and Babalakin.

A serious allegation to lay at the feet of the respected former Justices of the Supreme Court! Sometime after we gave Justice Bolarinwa Babalakin a copy of our first publication, we paid him a scheduled visit to hear his reaction to Justice Saleh's claims. Our timing could not have been better. Justice Babalakin, piqued by reading the interview with Engineer Hassan came out steaming. An incurable stickler for time, his first shot in an animated interview that dwelt on critical issues concerning the National Judicial Council and reengineering the image of the Judiciary, was Justice Dahiru Saleh. He strenuously asserts the fairness of the procedure that confirmed the Eso Panel indictment of Justice Saleh. Justice Babalakin also fielded questions on the perceived lopsidedness of the National Judicial Council in dealing with judges who erred in politically sensitive cases, poor funding in the Judiciary, and the way forward for the NJC . Interestingly, he concludes with a final salvo on Justice Saleh. Please read on!

AJ : The late Gen. Sanni Abacha accused the Judiciary of being polarised along ethnic, tribal and political lines, and of corruption. To what extent would you say your panel's work on Eso's Report has changed that perception of the Judiciary?

A: Thank you. We have reached a stage in the Judiciary now that we can say that the sanitation has taken a very firm root. One, the exercise to review Eso panel really made most of them to sit up and because of the impartiality and the thoroughness with which we did the work, nearly all of them that were affected know that they have got justice. You probably know that what delayed the Eso panel was some political and personal interests. The first person that should have been sent away, Hon. Justice Saleh happened to be the blood brother of the Secretary to the Government. We understand that he said, “over my dead body will you drive my brother away while am still Secretary to the government.” That was one of the reasons why the Report did not see the light of day for six years. So when the [Obasanjo Administration] came, people were now saying that if we were talking of corruption, is it limited to common people alone? There are some judges who had been accused of corruption still sitting in judgement over people. Hence the President sent the Report to us to look into how we could implement it if possible.

There were two schools of thought; some said since there had been no White Paper on it let the sleeping dog lie. While some of us felt that since the NJC was created to pay salaries of all judges, discipline them and thirdly, see that the Judiciary is running smoothly, we [should] take this Report and find out what we could do to have inroad into it. Our Chairman who happens to be the Chief Justice of Nigeria ( CJN ) set up the panel and gave us the free hand and we did our work. The approaches: those who are dead -may their souls rest in peace -we had no jurisdiction on them. Those who have retired, we had no jurisdiction on them too. There were 47 judicial officers that were indicted and out of those 47 some are Magistrates and so we refer their cases to their Judicial Service Commission ( JSC ) and they ( JSC ) took necessary action because we have no jurisdiction over them. We only have jurisdiction over Judges The remaining 14 [Judges] we carefully looked into them. I must tell you that the general excuse that they were not given fair hearing against Eso panel is false and untenable because we saw all the papers and we were able to see that within the limit of their capacity they (Eso Panel) have done their best. Out of this 14, we were able to see that 6 without doubt …[had questions to answer]. The rest you can call pardonable failure because they have worked for many years and this is the first time we are looking into their matter. We felt that we should give them the benefit of doubt and some have really proved their case to say that they are not guilty of the offence. Of the six that we now sent out Saleh is one of them. In his own case, he was Chief Judge and therefore his matter (being a federal-officer) had to go to the Senate. The Senate invited all the members of the Committee to come before them to find out what was happening so we went. We gave them the Report they read it and then I was asked to speak. His own (i.e Saleh) problems are manoeuvering of some funds, which is exhibit money and mal-administration. I told them (Senate) that we used mild language when we wrote the Report but since I have been called to spell it out I'll call a spade a spade that the man stole money, because if you take any money that does not belong to you it's stealing. At the end they were able to see reason. Of course he defended himself there talking for about one and half-hours reading papers and eventually he was asked to go.

“The judiciary must be free. …. the greatest and last hope of a constitutional government rests with the judiciary” – Akinola Aguda in The Judiciary in the Government of Nigeria 1983, New Horn Press

We have reached a stage in the Judiciary now that we can say that the sanitation has taken a very firm root

Eso panel made far-reaching recommendations. They recommended the setting up of a Judicial Commission for the assessment of all works of judges all over the country i.e. a quarterly assessment of their work. Although it's a Federal … [institution] that some Governors are not happy [about], woe betides this country if we don't have something like the NJC . We would be producing half-baked judges in different places. We would not have had a uniform arrangement to monitor them. Judges appointed since 1999 are up to standard because we reject those that are bad. They have their own Commission, which recommends to us. In that way we don't infringe on their powers. When these materials are brought before us and they do not meet up with our criteria we say sorry this one is not appointable.

You asked a pointed question that how far has the Eso Report and the Babalakin Report improved the efficiency of the Judiciary? I'll tell you that it has improved the efficiency so much. It has also infused integrity into the system because as soon as we find that you are corrupt you go away. You know we have been talking about ex-parte motion; about nine Judges have gone on cases of ex-parte motion. Also those who have become unnecessary law unto themselves in some political cases we have disciplined them. There was a Judge who stopped a well organized party conference where they had spent millions of naira and of course he is gone. What we do, we give them the opportunity to come and defend themselves; the committee set-up recommends to us what to do.

Now the assessment committee receives the judgment of all the cases that a judge has delivered in three months (quarterly) it will send it to the NJC . We have set up a committee for the assessment of that work within the NJC . Eso recommended National Judicial Commission for it but we felt since we are in charge of discipline, why separate them? Why not form a Committee within which will be as powerful as the Commission? The Committee was set up and unfortunately or fortunately I am the Chairman of that Committee. Now most of the Judges who see this now try to work hard and get better returns. With this Report we are able to monitor States that have so many cases outstanding and don't clear them yet are still asking for more (i.e. to appoint more Judges). We have refused (about four or five States) to increase their number unless they comply with the efficiency standards that are on the ground. They regulate their position and I can assure you it is working very hard. Mark you when they send their returns they must put the number of cases in the court, how many cases have been completed and given judgment, balance remaining so you cannot deceive anybody. So to answer your question directly NJC has helped a great deal to sanitise the Judiciary and it is gaining strength.

“When judges are accountable for their actions, judicial systems can become more efficient, with judges providing faster and fairer solutions to cases. The incentives judges face affect judicial performance... one of the primary factors affecting incentives is information on judicial performance, which allows the performance of judges to be monitored. " - Wprld Development Report 2002

AJ : There are many people who have said that the NJC though active, has not got it right yet. We wait until corruption is manifested and then we apply the medicine. Has the NJC thought about preventive approaches to corruption in the Bench?

A : I am a very close friend of the Chairman of anti-corruption Commission, Justice Akanbi. You will know that that is their own portfolio to educate, to prevent. When you come to the NJC , we deal with people who have erred. We are not a religious body to begin to preach. Those that preach are in the EFCC .

AJ : But people say that most of your deliberations endwith Judges “being retired” and that is also one example of applying a light punishment to a very serious problem. If that is all you do then all a Judge needs do is weigh what he can probably get from one party against the punishment he'll get from NJC and if all he sees is retirement and he is probably due for retirement in another few months anyway, why not commit the offence and retire. If the NJC is as determined as it claims then why do we stop at retiring people? It doesn't seem like a deterrent solution anyway.

A : Now you have asked an important question. Don't forget these Judges who offend or are caught in the offence have done about 25-30 years on the Bench and we put a human consideration and say alright, ‘go, you are a bad egg.' But when it has to do with corruption like those last ones that we did away with in respect of the Akwa- Ibom election tribunal - I shouldn't tell you but since you have asked I must tell you they are going on dismissal because once a Judge commits that type of indictable offence, it is dismissal. Some people have criticised that we are dumb saying what is the use, he's retiring anyway and he'll be getting money for retirement. That is extreme. Once your offence is a criminal offence it's not retirement at all it's dismissal.

“You probably know that what delayed the Eso panel was some political and personal interests. The first person that should have been sent away, Hon. Justice Saleh happened to be the blood brother of the Secretary to the Government. We understand that he said, “over my dead body will you drive my brother away while am still Secretary to the government.”

AJ : Why are we exempting members of the Judiciary from the common criminal process for those who have committed crimes?

A : The Eso panel recommended that Saleh be prosecuted but then because of our bureaucracy they sent a Report, but six years nothing was done on it. We do not want those people who do not offend to be punished. We also do not want those who really offend not to be punished. I can put it this way - that which is gone is past and irrevocable and what you are saying too is not beyond consideration that look once he offends dismiss him, do not give him any chance of anything. It is something worth thinking .

AJ : There is the perception that the NJC carries on investigations in a way that keeps the public guessing over what is happening, and that there may be political factors influencing NJC 's response to certain cases like Justice Egbo-Egbo and Justice Abass' withdrawal from the Omisore trial. Could there be certain cases in which the NJC has to tread very carefully?

“The judiciary must be free. …. the greatest and last hope of a constitutional government rests with the judiciary” – Akinola Aguda in The Judiciary in the Government of Nigeria 1983, New Horn Press