During the Senate screening of the first woman Chief Justice of Nigeria (CJN), Justice Maryam Aloma Muktar (Mrs.), there was one captivating, interesting and thought-provoking question that was put across to the Chief Judge-to-be by distinguished Senator Heneken Lokpobiri of Bayelsa State.

In the question, he sought to know how the new CJ would reconcile the various disparity and conflicting judgments that characterised the country’s judicial system today. Indeed, the question was very timely because it came at a point in our judicial debacle when there are issues of countless apathy amongst the components – the Supreme, Appeal and High Court over matters that are of the same substance, gravity and content.

Traditionally, it is believed that justice, equity and fair play are fundamental attributes and traits of the judiciary. This is why the common man had always thought of resorting to the court in the face of gruesome intimidation, oppression and denial of constitutional and human rights. To the common man, the court is like a holy sanctuary and judge or magistrate is highly esteemed even above every other professional endeavour.

Also, in the civilised world, matters are decided or dispensed in court to allay several fears of bias, and intimidation.

Dr. Haburk Manson once wrote, in one of his poetic collections that magistrates and judges are twin younger brothers to Jesus Christ fathered by the Almighty God. This description point to the fact that, judges and magistrates by the ethics of their profession are supposed to be more religious in practical performances of their duties above other disciplines and even more transparent and hospitable than the hospitals. Death is a natural phenomenon created by divine dictate and providence and can only be reversed, also, by a supernatural decree.

But the issue of fundamental human rights is a privilege given to human being by our Creator. Its total usage and controls are entirely the responsibility of man which can be questioned by Him alone. This is why human beings in their absurd and cruel wisdom have decided to manipulate, misuse and abuse it and God, the giver is only watching and waiting for the fullness of time when He shall punish offenders. However it is very pertinent to note that these fundamentals of human rights are the three forks on which human existence on planet earth anchor.

To me, committing an offence against these rights is rhetorically more grievous than murdering a life. This is why the legendary prophet of song (Ragae) Robert Nesta Bob-Marley once said “My Right is my life, he who takes away my right, takes away my life.” The Almighty God in His infinite mercy did not want to leave us alone, being fully aware of the short comings and wicked tendencies of man to man, decided to wade into the privilege by giving man the knowledge and wisdom and authority of creating an institution called judiciary by which this fundamental issue could be addressed, fortified and properly managed in accordance with the natural law of justice, equity and fair play to fellow human being.

It is on this premise that we want to beam our focus this moment on the nature and workability of this institution in our country in general and Rivers State in particular. Right from independence till now, so much has gone about our judicial system within the period under review. But the most important question now is how reliable and dependable is this all-most crucial and exclusive institution?

How is it living up to the tenet and expectation of its formation which is upholding the principle of good justice without adulteration? It could be recalled that within the post independence era, there was some semblance of sanity in the system.

During this period, there was quick dispensation of justice and majority of judgments, too, were delivered based on merits of the matters. Talking about this era of average dignity of justice, when judgments were actually weighed on scale of absolute balance we quickly remember golden names like Justice Niki Tobi, Inko-Tariah etc, some of blessed memories and some, aged. In a critical examination, it is discovered that major dependable references made in law today, for instance, within the Nigeria Weekly Law Report are products of judgments delivered by these credible and indelible names of the post independence era.

They are capable of staying alive on track for so long because of their quality and the prospect they portend. Those were the times when one could unarguably beat his chest and proudly say without fear of favour that the judiciary was really the “last hope of the common man.”

Regrettably, we discovered that, the reality of this belief is no longer on the minds of people with regards to the topsy-turvy nature of our judicial system this time around. For instance, there are lots of conflicts and controversies over quantum of judgments delivered in recent times by most new generation magistrates and judges which are in contention and in the eyes of the law cannot be commensurate with international standard and best practices. Good judgments are indelible and stand the test of time.

Today, kangaroo kinds of judgments are everywhere in the State and country, especially politically motivated and influenced. Most people today find pleasure in committing crime and run to court or excitedly wait to be taken to court for prosecution because they know it is easier for them to maneuver and play their monkey like way out of the wrath of the law.

Marcus Tullius Cicero rightly put it when he summarily described the situation in a single sentence that “the excitement to crime is the hope of escaping punishment.” The belief of paying one’s way out or buying justice makes people to go into evil against innocent people sometimes  whose common hope in the court is dashed. This actually ridicules and tarnishes the image of the entire system.

Let us bring up a system of justice where everybody will be equal before the law. Where judgment can always be defended by even the guilty, where credible people shall be appointed to lead, where absolute rule of law is maintained and total independence of the system upheld.

Our first woman, Chief Justice who has made so much history, counting on her pedigree of refusing to be bent on the course of straightening justice in the country, should be able to do extra work on writing off the wrong of the system and opening a new chapter of right. I rest my case!

Tordee (JP) is a public affairs analyst residing in Port Harcourt.