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A good proposal – Latest Nigeria News, Nigerian Newspapers, Politics

Editorial

 

The bill before the House of Representatives, to amend the provision of section 291(1) and (2) of the 1999 Constitution (as amended), to raise the retirement age of judicial officers, is commendable. The bill, sponsored by the Chairman of the House Committee on Judiciary, Mr Onofiok Luke, proposes the retirement age of Court of Appeal and Supreme Court Justices at 75, and that of the High Court and other superior courts of record at 70.

This paper supports the proposed amendment, and urge the Senate to key into it, for expeditious legislative action, to make it a law. As may have become evident to close watchers, the strength of people who are 70 years and above has improved, more than it was, when the idea of retiring judicial officers at 70 was decided. Perhaps, the gain may be as a result of improvement in the quality of life and medical sciences over the years. Indeed, we see many professionals who are still strong, even in their 80s.

For us, it is reasonable to increase the opportunity for our courts to tap from the wisdom of judges, who are still strong and healthy at 80, not just at 75. Interestingly, section 291 of the constitution is couched in such a way that those who may wish, could retire five years earlier than those who wish to attain the maximum age. So, instead of the current provision of the opportunity to retire at 65, and compulsorily at 70, we suggest the substitution with 75 and 80, respectively.

In a jurisdiction like the United States of America, justices of the Supreme Court do not have retirement age, and so could stay as long as they have their faculty and ability intact. Nigeria’s retired Justice George Oguntade, was until recently the Nigerian High Commissioner to the United Kingdom. Also, Justice Sylvanus Nsofor, was, until recently, the Nigerian Ambassador to the United States. Before their diplomatic postings, Oguntade retired from the Supreme Court, while Nsofor retired from the Court of Appeal.

What is needed for optimum performance at that age, is to make available the necessary working tools and manpower. As a Judge of the High Court, and more so, Justices of the Court of Appeal and Supreme Court, each should have qualified research assistants, modern computers, stenographers and other aides, to limit the burden of judges to merely interpreting the laws. No doubt, the quality of judgments will be enhanced by age, and that will be an added value to the judgments of our courts.

We also feel that the retirement age in the public service, currently pegged at 60, is rather too early to stop work. Many modern retired persons are still at their prime, energy wise, and if given the opportunity can still contribute to the growth of their work place. While it is conventional to claim that early retirement allows for fresh hands to be recruited, the real challenge is that our public service could be bigger than it currently is, if our economy is growing, as our population is ballooning.

Also before the House of Representatives is a bill “to alter the Constitution of the Federal Republic of Nigeria, 1999, to set time within which civil and criminal cases and matters are heard and determined at trial and appellate courts, in order to eliminate unnecessary delay in justice administration and delivery.”  If passed, superior courts are to deliver judgments within 270 to 330 days, while the junior courts have between 210 and 270, from the date of filing. That bill is also commendable, and we urge the National Assembly to deal with both bills expeditiously, to improve the quality of our justice system.

Source: thenationonlineng.net