Lawyers: Defenders of the judiciary

I was in court on the 7^th of last month. My matter, a contempt proceeding, was the second in the cause list. The first matter was slated for ruling on an interlocutory application. The judge said he was not going to deliver the ruling until the claimant’s counsel, Mr Femi Falana – who was absent and unrepresented – explains a recent statement of his. Last year, at a Nigerian Bar Association event in Enugu Mr Falana said that the Nigerian courts had become “supermarkets where only the rich do their shopping”. This statement, apart from being rash and misleading as it hastily generalises, is very derogatory. It derogates all Nigerian judges and this is really unfair. And moreover, such a statement does more harm than good for it does not fish out and discipline the corrupt judges. What such a statement does is to disparage the public image of the judiciary. Such a statement from a legal luminary in addition to reinforcing a widely held mis-belief, further abuses the idea and respect every Titi, Dapo and Haruna has for judges and the judicial process, and invariably the legal profession would be shown in bad light. The integrity of the courts is on trial and the courts have to guard their integrity jealously because its power to adjudicate is coeval to its ability to preserve and defend its integrity and majesty.

I do not deny the existence of corrupt judges; it’s pointless to deny that there aren’t corrupt judges, however it is unrewarding to refrain at every function that the judiciary is corrupt. This is not a new discovery. Moreover corruption is not rooted only in the judiciary. It is in the executive, legislature, private sector, religious sector, the world over. What intellectual minds should be concerned with is the imperative and urgent need to think of ways to curb corruption.

As our democracy matures, it’s imperative that we learn to follow due process. The National Judicial Council (NJC) exercising its power of subsidiary legislation has enacted several judicial discipline regulations such as the code of conduct for judicial officers of the Federal Republic of Nigeria and the National Judicial Policy. These regulations stipulate the procedures for reporting judicial officers who are suspected to have engaged in corrupt or unprofessional conducts. According to the NJC, since April 2000 to October 2016, it received 808 petitions out of which 132 Judicial officers were sanctioned. Just last year, judges like Muhammed Tsamiya, formerly of the Court of Appeal, Umezuilike and a host of others were retired, while Kabiru Auta was dismissed and his prosecution was recommended. All these persons were not sanctioned as a result of media prosecution but by petitioners who followed the due process. We may fairly conclude that the NJC, despite the tight schedules of its members, is performing its duty. Unlike other arms and agencies of government, the judiciary is the only one that takes the duty of disciplining its erring officials seriously. While Mr Femi Falana laments the rot in the judiciary, he has not told us if he has filed petitions against the corrupt judges and what their outcome have been. It is only fair that Mr Femi Falana and all the anti-corruption czars should follow procedure and ventilate their accusations through the stipulated medium. I’m sure they will get results. It will be unrealistic for the NJC with its tight schedule to investigate very case of judicial corruption any lawyer refers to on air or in print, whether frivolous or not. That’s why they the procedure has to be followed. If Mr Femi Falana is truly interested in eliminating the bag eggs in the judiciary, he should investigate and present his petitions before the NJC. Till then let’s have some peace.

Lawyers, whether or not under the auspices of the NBA have a duty to defend the judiciary. We know and understand the principle of the rule of law and how difficult the adjudication process is. It does not mean shielding judicial officials from corrupt or illegal acts rather it entails ensuring that the judiciary is independent and not intimidated. The executive and the legislature, who are also quick to accuse the judiciary of corruption, inefficiency, perversion of justice and sluggishness, are the guiltiest. The recent face-off between the Department of the State Services (DSS) and the EFCC regarding the credibility of Ibrahim Magu to serve as the chairman of the anti-corruption agency proves that adjudication of a dispute is not an easy task. Since last year, the fearless President Buhari has been in possession of the DSS report and the defence of Magu, yet he has not been able to resolve the dispute. He has even exhausted the 90 days period courts are given to deliver judgment. He is experiencing this difficulty – despite the absence of an appeal or interlocutory applications – because of power play and pressure. If President Buhari – supposedly brave and merciless – is susceptible to this kind of pressure and power play, we can now probably appreciate what our judges go through on a regular basis.

The government of President Buhari which has regularly given short shrift to the rule of law is trying to intimidate the judiciary and the NBA, unfortunately, has failed to defend the judiciary. This government’s disrespect of the judiciary ranges from disobeying numerous court orders and accusing the judiciary and lawyers of aiding corruption. It reached its peak when the DSS invaded the residences of judicial officers and arrested them for alleged corruption. It was tragic to hear some lawyers defend the DSS. The DSS just like the EFCC sought to tarnish the image of the judges in the court of public opinion by publishing false and incomplete information such as the allegation that the NJC was shielding judicial officers from prosecution. After a meeting on 11^th October 2016, the NJC gave a widely published detailed analysis of all that transpired with facts and references. The DSS has not replied.

The DSS and the EFCC have to abide by the rule of law and most importantly act professionally and competently. Rather than continue to intimidate judges and lawyers, they should come to court prepared. The removal of restrictions to the bank accounts of Mr Mike Ozekhome and Mrs Patience Jonathan, the discharge and acquittal of Mr AdeniyiA demola, his wife and Mr Orubebe is a sign that the intimidation ploy of the government has failed.

The American Bar Association (ABA) is not apathetic when the integrity and independence of their judiciary is at stake. When President Trump tweeted against a judge, James L. Robart, they swiftly responded reiterating – regardless of the merit of the judge’s decision – that the independence of the judiciary was not up for negotiation; that an attack on judges was an attack on the constitution; and that it’s the duty and privilege of every lawyer to defend the judicial branch. The NBA can learn from this.

 

J.B. Nwachukwu

J.B. Nwachukwu is a lawyer and a writer. He can be reached on: [email protected]