Judges at state level are 'at the mercy' of governors and politicians because their welfare and infrastructure remain under state government control despite a constitutional guarantee of independence for the Judiciary, Chief Justice of Nigeria Aloma Maryam Mukhtar said yesterday.The Constitution provides that any 'amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the state shall be paid directly to the heads of the courts concerned.'The CJN said despite this, provision of infrastructure as well as welfare of magistrates and other lower court judges remained the responsibility of the states, thereby stifling the administration of justice.'This worrisome situation leaves judges at the mercy of state executives and politicians,' she said in Abuja at a special session of the Supreme Court to mark the commencement of the 2012/2013 legal year and the swearing in of 25 new Senior Advocates of Nigeria.'Today, one of the major problems confronting administration of justice in our democracy is inadequate funding for the Judiciary, particularly as the state level.'Unlike the Federal Judiciary that enjoys 90 per cent of financial independence, inadequate funding and inaccessibility of funds appropriated to states' Judiciary in the budget is the bane of administration of justice in the Federation.'{loadposition user30}Mrs Mukhtar lamented the slow dispensation of justice in the country, saying the huge number of prisoners awaiting trial was horrifying. But she assured that cases will be speedily disposed of in the new legal year.'Slow delivery of justice is one salient area that concerted efforts will be devoted to,' the CJN said.She added: 'The prison system presents a horrific state that calls for urgent attention. There are estimated 40,000 prisoners in Nigeria with about two thirds of them not convicted.'Perhaps the Amnesty International is correct for laying the blame on the Nigerian judiciary. Unnecessary adjournment of cases, along with the attendant ills of the courts to ensure that inmates are tried within a reasonable time, also comes to play here.'The administration of justice, however, is not confined to the court; it encompasses officers of the law and others whose duties are necessary to ensure that the court functions effectively.'The CJN pledged to take measures to address the situation.'In the new legal year, our efforts will be redoubled to ensure that the confidence bestowed on us by the people and by God will not be thrown into abyss,' she said.'The ultimate goal is where the hope of the public lies and we will, on our own part do everything necessary to keep that hope alive, knowing that the judiciary is the only catalyst for societal cohesion.'She commended the efforts of the judiciary in some states in considering alternative punitive measures aimed at prison decongestion. Some of the measures suggested to further decongest prisons, she said, are community service, non-custodian sentences and probation.Mukhtar urged the new senior advocates to uphold the law as well as support strict adherence to due process of law.'A worthy advocate of Nigeria is expected to be guided by a proper understanding of his role as a searcher of truth and justice,'' she said.In his address, the Attorney-General of the Federation Mohammed Bello Adoke accused some lawyers of unethical practices.'In popular discourse within and outside the profession, there is a palpable feeling and perception that the rank (SAN) is a passport to fame, personal riches and comfort,' he said'To others, the rank is a licence to command fat fees, open doors and prominence bordering sometimes on arrogance. It is a matter of regret that these negative perceptions of the rank have engendered resentment from our colleagues who are yet to be similarly recognised and honored.'He added: 'Today lawyers are accused of deliberately misleading clients on the strengths of their cases with a view to appropriating unearned professional fees; tampering with client's money; criticising judges in the media even where it is clear that they have not read their judgements in order to determine the reasoning of the court and commenting on matters that are sub-juice.'These are matters that were completely unheard in the profession some few years back and where such misconduct was reported, it drew condemnation and appropriate sanctions.'You will recall that at our recently concluded bar conference, I stressed the need for us to reclaim our profession and to show the bad eggs amongst us the way out of the profession. I wish to reiterate that call again and to urge the leadership of the bar to out the issue of professional ethics and discipline on the front banner.'The new senior advocates are Mr. Femi Falana, Professor Yemi Akinseye- George, Professor Dakas Clement James Dakas, Joy Okungbowa Adesina, Mrs. Connie - Jeanne Aremu, Mahmud Abubakar Magaji, Ogwu James Onoja, Garuba Usman Tetengi, Henry Oghogho Ogbodu, Selekeowei Larry, Abenny O. Mohammed and Charles Nwanne Obishai.Others are Luke Chukwudi Illogu, Francis Chuka Agbo, Paul C. Ananaba, Akinlaja Dayo Moses, Ahmed Raji, Adekunle Theophilus Oyesanya, Rotimi Oluseyi Oguneso, Oluseye Samuel Opasanya, Aderoja Claudius Olumiyiwa, Aliyu Umar, Illo Katune Sanusi, Rotimi Jacobs and Ndukwe A. Nnawuchi.
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