Editorial
That Judiciary’s Self Probe
Since the return to participatory democracy in 1999, Nigerians have had greater cause to demand, of men and women of the Judiciary who sit in judgement over others high level of integrity, impartiality and incorruptibility. This is partly because, of the three arms of government, none is depended upon more to uphold the rule of law and ensure survival of democracy as the judicial arm.
Sadly, in spite of such high expectations, for an upright and dependable judiciary, even partial perfection still remains elusive, thus, forcing more agitations, even from among legal practitioners, for an urgent salvage mission to check members of the Bench and Bar who tend to bend to the whims of influential litigants in order to rubbish the sanctity of the courts. Even so, very little had been done by the Judiciary to redeem itself from such negative judgement by ordinary Nigerians, some members of the Bench and even lawyers.
Not too long ago, Lagos Lawyer and human rights activist, Femi Falana raised the same alarm that some members of the Bar and Bench were doing total disservice to the noble legal profession and expressed worry that unless urgent steps were taken to purge itself of such bad eggs, the Judiciary would totally lose public confidence.
That is why the recent probe ordered by the National Judicial Council (NJC) into activities of some of its own, among them, 23 judges across the country could not have come at a better time than now. Among those under investigation include four Chief Judges, a few Justices of the Court of Appeal as well as federal and state High Court judges.
Reasons for the probe, we understand, border on allegations of judgment fixing, unethical romance with litigants, outright sale of judgments, graft, bribery and engaging in delivery of questionable judgments.
We understand also that some of the affected judges are accused of entertaining matters outside their jurisdictions for pecuniary favours, regularly contradicting their own rulings or judgments on similar cases, dismissing cases without taking pleas, from accused persons, sale of electoral petitions to the highest bidders and at other times dismissing cases even when applications had obvious and overruling merit for adjudication. Another is the familiar unholy romance with the political class in order to influence their rise in the judiciary.
These are indeed serious issues, which if not tackled decisively could have very negative impact on the much expected impartiality of the judiciary and whittle down its much desired moral strength to defend the rule of law. If, for instance, court judgments are allowed to be based on the ability of litigants to pay their way through possible punishment, then, justice would have become a commercial commodity on sale to the highest bidder. Such scenario can only encourage lawlessness and anarchy.
Curiously, it was to avoid such erosion of justice in the land, that the National Judicial Council (NJC) under the leadership of the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Muhktar, had, on February 20, this year, recommended the compulsory retirement of Justice C. E Archibong of the Federal High Court, Lagos and Justice T. O. Naron of the High Court of Justice, Plateau State. That measure followed similar disturbing issues bordering on dismissing grievous charges against an accused without taking his plea and for constantly and regularly making voice calls and MMS and carrying out SMS Exchanges with a lead counsel for one of the parties to the Osun State Gubernatorial Election Tribunal.
Apart from running contrary to the code of conduct for judicial officers of the Federal Republic of Nigeria as contained in section 292 (1) b of the 1999 constitutions, the reported acts of misdemeanour are capable of berating the judiciary, acclaimed to be the last hope of the ordinary citizen.
This is why The Tide considers the probe most timely and commends both the CJN and NJC for the discretion and courage of ordering such self-probe, which we believe would help check the imminent slide of the judiciary into precipice. In this regard, however, we expect the judiciary’s high command to be transparent, thorough and open with a view to ensuring that its eventual outcome guarantees fairness, equity and justice. And all those found culpable be punished according to law to serve as a deterrent to others bent on dragging into the mind, the sanctity of the courts.
More than that, we expect that the eventual report does not end up as many others in other arms of government which years after are yet to see the light of day. This is because, the survival of true democracy depends, to a very large extent, on a reputable and dependable judiciary.
Since it is said that in carrying out its sacred duty of adjucating over life and death, the judiciary must at all times ensure that justice is not only done, but be seen to have been done, we expect the Judiciary’s high command to also look into recent court judgements which many consider to be miscarriage of justice and outright desecration of the Temple of Justice.
While not taking a position on any specific instance, the recent Abuja court ruling which displaced the status quo in the Peoples Democratic Party (PDP) in Rivers State, we think deserves a proper re-appraisal particularly, as it affects, facts of the case, the judgement itself and legal implications of the matter, with a view to seeing, if there indeed was a miscarriage of justice.
It is only when public protests against the judiciary, on account of court rulings, that bemuse the ordinary litigant and offend both common sense and natural law, that Nigerians can satisfactorily say, the Judiciary is getting it right. And it should.
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