Judiciary In Democracy: The Journey So Far

Judiciary is decidedly one of the arms of government that has a great role to play for the survival of our democracy.

On the other hand, the type of judiciary we have also to a large extend depends on the free hand given to it by the political bigwigs at the helm of the nation’s affairs.

Nevertheless, for a democracy to be sustained, the judiciarymust remain the last hope of the common man.

From 1999 to 2011, our democracy has not remained the same. There has been noticeable changes especially in the way our judiciary has fared.

Speaking with The Tide, Barr. Chijoke Agi, a Port Harcourt based Legal Practitioner said he was proud of what the judiciary had done in the past twelve (12) years of our democracy.

Barr. Agi noted that within the years under review our judiciary had lived up to expectation.

“The judiciary had delivered landmark judgements. Look at the cases of Ararume Vs. Ugwu, Chibuike Amaechi V. INEC and that of Peter Obi in Anambra State. These judgement have rekindled the hope of the common man in the Judiciary,” he stated.

He remarked that the nation’s law reports had been enriched and pointed out that with time our judiciary would compete with those of advanced democracies in the world.

The legal practitioner, however, regretted that despite the landmark judgement given by the nation’s judiciary, there were still pockets of bad eggs in the country’s temple of justice.

He stated that justice was denied when right thinking people go away thinking that the judge was corrupt, and condemned the recent face off between the Chief Justice of the Federation, Katsina. Alu and the President of Court of Appeals, Salami over corruption.

Barr. Agi noted that the recriminations between Katsina-Alu and Salami were blatant indictment on the nation’s judiciary and unbecoming of Judiciary personages.

He said that as long as the duo occupied the highest positions in the judiciary, those who take their matters to court must do so with some misgivings.

Also speaking, a Lagos based Lawyer, Barr. Abraham Jande, scored the judiciary high since the inception of the Fourth republic. He praised the judiciary for the landmark judgements delivered across the naton. He hailed the judgements of Edo State governorship Election tribunal that brought Governor Adams Oshiomohole to power, Olusegun Mimiko of Ondo State and those of Ekiti and osun States.

He remarked that without a vibrant and fearless judiciary, it would have been difficult to remove in power governors. “But because the judiciary is unbiased that is why it has been able to achieve a lot of feats, he stated.

Barr. Jande, who hails from Benue State noted that the judiciary had done so well in the last twelve (12) years and attributed much of it to late President Musa Yar’Adua.

He said President Yar’Adua (in blessed memory) was a man, who upheld the rule of law in all circumstances even when it affected him negatively.

Barr. Jande said that the late Yar’Adua did not help his partymen, who lost elections in different parts of the country but stock to the ideals of rule of law.

He lauded the late statesman for not influencing the son-in-laws election but allowed justice to prevail.

The Benue-born legal practitioner pointed out that the late Yar’Adua had set the tone for much of what is happening today in the Judiciary. He noted that the former President espoused the policy of independence of the judiciary and did not want to meddle in judiciary matters.

Barr. Jande said that he was happy that President Goodluck was towing the line of his predecessor. According to him, “it is only when leaders are adherents of the rule of law that meaningful progress can be achieved in democracy.

The Lagos lawyer stated that the revolution in our judiciary was welcome, and ought to be sustained.

Another Lawyer who spoke with The Tide, was Barrister Tonye Akpekun, Barrister Akpekun who practices in Port Harcourt stated that the judiciary had lived up to its billing as the last hope of the common man.

He noted that this had been demonstrated in the quality of Judgement that had been delivered.

According to him, “with what is happening today, it is obvious that independence of the judiciary is around the corner, and it would be worthwhile for the judiciary to be fully independent because it gives hope to the common man”.

Barrister Akpekun pointed out the front loading system had facilitated the delivery of judgement and explained that before the adoption of the front loading system, those was a glut of cases pending in the high courts and magistrate courts.

He said that the judiciary had fared better in democracy than under the Miliary and remarked that indeed the judiciary was muzzled in the past.

He commended the judiciary for delivering landmark judgements especially those ones that have brought honour to the nation.

Barr. Akpekun said that the landmark judgements delivered by the judiciary had also enriched the nation’s law reports.

He also recalled the Ararume Vs. Ugwu, Amaechi Vs. INEC and a plettura of others that had underscored the revolution in the nation’s temple of justice.

The Port Harcourt based legal practitioner expressed joy with the judiciary had achieved within 12 years of democracy both at the state and federal levels.

He praised the state government for building Comfortable Court rooms, where lawyers did not sweat with wigs and gowns.

He remarked that the former governor of the State, Dr. peter Odili was the harbinger of comfortable temples of justice as demonstrated in the magnificent edifices he built during his tenure.

He praised the incumbent governor Rt. Hon. Chibuike Amaechi for sustaining the tempo.

Barr. Akpekun also expressed regrets that the judiciary was been smeared by the acts of its personages like the CJN and PCA.

He said the judiciary should not be flayed because of the acts of people who were not God-fearing.

The Lawyer said corruption at the highest level was a grave indictment on the entire judicial system but wondered why the hammer had not fallen on the culprits.

He urged all and sundry to continue to support the independence of the judiciary, which he said would usher in a new lease of life for the common man.

The Port Harcourt based legal practitioner explained that the rule of law was better than self help. He recalled the popular Obitor by Chukwudifu Oputa in Ojukwu V. Governor of Lagos State, where he stated, “where the rule of law applies, the rule of self-help is abandon, and urge all to be subject to the rule of law.

Chidi Enyie