Rivers State Governor, Chief Nyesom Wike has said that the ongoing dispute between the state and the Federal Government over the legitimate authority to impose and collect Value Added Taxes (VAT) has enormous constitutional implications that should be addressed succinctly.
Wike made the assertion at the book presentation titled: “Contemporary Essays on Law & Practice”, in honour of retired Justice Anwuri Chikere of the Federal High Court, in Port Harcourt, last Friday.
The Rivers State governor said the entire country was waiting for the speedy resolution of the VAT dispute that was now at the Supreme Court.
The governor stated that in reality, the Judiciary remains the ultimate guardian of the nation’s Constitution.
According to him, the Judiciary is the protector of the rule of law and the guarantor of the constitutional rights and freedoms of the people, which should play out in the VAT dispute.
“While the entire country is waiting for its speedy resolution in the national interest, the Supreme Court of Nigeria remains lethargic in hearing this very important matter, thereby unjustifiably aiding the Federal Government to continue to enforce its illegal and oppressive VAT policy on the polity.”
Wike also pointed out that judicial independence was truncated when judges were subjected to summary trials and preconceived indictments by an all-powerful quasi-judicial agency on the promptings of persons or parties with vested interest in the outcome of the litigation processes.
He noted with dismay that the National Judicial Council (NJC) was becoming willing tool to intimidate judges who were simply discharging their constitutional duties.
By doing so, he said, the National Judicial Council (NJC) may be joining the league of unholy forces now assailing the independence and reputation of judicial officers across the country.
“My candid opinion is that the National Judicial Council must thread with utmost caution in matters of judicial complaints and discipline lest it wittingly or unwittingly turns itself into another bully to be feared rather than being respected in its roles as both the headmaster and guardian angel of the nation’s Judiciary.”
Wike emphasised that the Judiciary was the exclusive authority through which all persons, authorities and agencies were subjected to the precepts and dictates of the Constitution and ordinary laws of the nation, even if it was exclusively enacted by the Legislature.
The governor said no nation can be seen and reckoned with to be free, fair and just without a strong, independent and functional Judiciary.
He also observed that no democracy can survive, flourish and deliver social and economic progress without a courageous, efficient and effective Judiciary.
Wike, therefore, urged judicial officers to relive the time when the nation’s Judiciary was truly independent, manned by men and women of courage who were publicly trusted to deliver justice fairly and equally to everyone.
“There was also a time when our judges were respected the world over for their independence, courage and credibility.
“Again, time was when decisions from Nigerian courts were widely accepted and celebrated across the world as timeless models of judicial precedents.
“But today, what is your candid assessment of the character and integrity of our country’s Judiciary, which is becoming more confusing and painfully contradictory.”
Speaking further, Wike pointed to the concern that ranges from case backlogs, poor case management and rampant delays in the administration of justice that have seriously eroded public confidence in the Judiciary and its capacity to deliver justice to ordinary citizens.
“There are also serious concerns about the apparent lack of courage among several judges and the declining quality of judgements from our courts at all levels.
“Having succumbed to fear, intimidation and blackmail, most of our judges are being compelled to tailor their judgments toward the wishes and desires of powerful political interests.”
Wike, however, commended the few judicial officers who were keeping hope alive with their extra-ordinary courage.
He said their exemplary fidelity to the rule of law and strong determination to ensure that justice was not only done, but seen to have been done in matters that come before them, depict that all hope is not lost.
Acknowledging the fulsome years of meritorious judicial service of Justice Chikere, Wike said, as a judge, the celebrant demonstrated absolute independence of mind.
Wike also noted that Justice Chikere exhibited excellent judicial temperaments of being calm always, courteous and compassionate towards everyone, including her colleagues, lawyers and litigants in or outside the office.
Earlier, Wike had attended the Valedictory Court Session at the Federal High in Port Harcourt organised in honour of Justice Chikere.
Speaking at that event, Chief Judge of the Federal High Court, Justice John Terhemba Tsoho, represented by Justice Binta Nyanko, noted that Justice Chikere served the Judiciary meritoriously from the bench for 19 years with her health and integrity intact.
Justice Tsoho said keeping pace with a long judicial career in Nigeria was no mean task, saying that Justice Chikere weathered the adversities and challenges successfully.
“As we gather to celebrate this outstanding judicial officer for her years of impressive service to the nation, the occasion evidently climaxes the fame attribute that excellence and selfless service are virtues worthy of emulation.
“Hon. Justice Chikere is notably calm and collected, and is much like a mother to many colleagues. As a Christian, she is fervently adherent to the tenets of Christ, especially, love for humanity. She has been remarkably humble, peaceful, friendly, humane, honest, generous, incorruptible and hardworking.”
On his part, the Rivers State Attorney General and Commissioner for Justice, Prof. Zacchaeus Adangor, SAN, said the highly rewarding and fulfilling career of the celebrant started on January 17, 1986, when she was employed into the Rivers State Civil Service as State Counsel 11.
He said, with dint of hard work, Justice Chikere enjoyed impressive career progression to become acting director of Civil Litigation on July 14, 1998, before taking up the duties of a bencher at the Federal High Court.
“My Noble Lord distinguished herself on the bench by her brilliant rulings and judgements, firm control of her proceedings, and fairness to legal practitioners and litigants who appeared before her. My Noble Lord is known to be fearless and courageous judge who dispensed justice without fear or favour, affection or ill-will.”
President of Nigeria Bar Association (NBA), Olumide Apata, represented by the Port Harcourt Branch Chairman of NBA, Prince Nyekwere, described Justice Chikere as a quintessential and consummate judge, who without indulging in frivolities, discharged her duties fairly and retired without blemish on her service records.
Speaking on behalf of Senior Advocates of Nigeria (SAN), former President of Nigeria Bar Association, O. C. J. Okocha, acknowledged that Justice Chikere was reputed to be diligent, hardworking and fearless in her dedication to judicial functions with untainted record.
In her response, Justice Anwuri Chikere said her sojourn at the federal Judiciary made her a better person.
She expressed gratitude to the former state Governor, Dr. Peter Odili, who was accompanied by his wife, Justice Mary Odili of the Supreme Court, for allowing her to be transferred from the State Judicial Civil Service to the Federal Judicial Service, and to her husband, a member of the House of Representatives, Hon Ken Chikere, for the many encouragements he gave that helped her to become a successful judicial officer at the bench.