A few years ago, I wrote a piece titled “Lord, give Nigeria bold and incorruptible judges” (Vanguard, April 25, 2019). That was when state security agents invaded the homes of some judges and seized bags full of foreign currencies, and an incumbent Chief Justice of Nigeria was sacked, arrested and arraigned before the Code of Conduct Tribunal on corruption charges. Nearly five years later, I’m repeating the prayer, and I urge fellow Nigerians to join me in saying it. For the rot in Nigeria’s judiciary is deepening amid fear of endemic perversion of justice. Even normally reticent senior judges and lawyers are no longer silent!
Indeed, every Nigerian, except those benefiting from the systemic rot, should care about the judiciary’s independence and incorruptibility. The judiciary is described as the last hope of the common man, but it’s also the last hope of democracy. In any country, politicians can rig elections, steal public funds and abuse their office, but there’s hope for that country if its judges can administer justice without fear or favour. Which is why a United Nations report said: “Judges who cannot be corrupted inspire and compel corrupt-free conduct in a society as a whole”. Such judges act as a bulwark, a powerful countervailing force, against bad governance, political corruption and abuse of power.
Take one international example. In 2019, Boris Johnson, then British prime minister, feared that parliament would vote against his Brexit Bill. So, he dubiously got the Queen to prorogue parliament, and sent the legislators home on a premature recess. The outrage was extraordinary. When the matter reached the Supreme Court, the stakes were so high, the tension so palpable. Ministers threatened fire and brimstone. But the Supreme Court justices were undeterred; they ruled that the prime minister had no power to shut down parliament arbitrarily. Imagine if the justices had allowed themselves to be intimidated by the government, future prime ministers would be closing down parliament capriciously. The Supreme Court saved British democracy.
Sadly, in Nigeria, the judiciary has done nothing to safeguard and strengthen democracy. Rather, there’s a strong perception that, especially on high-stakes political matters, the judiciary is in the pocket of the incumbent government and ruling party. Of course, judges must never give judgements to please anybody. But judgements must be predictable and rational. Sadly, too many judicial decisions in Nigeria are indefensible, even seemingly politically-motivated.
For instance, the controversial rulings dismissing the elections of the governors of Kano and Plateau States, members of the New Nigeria People’s Party (NNPP) and the People’s Democratic Party(PDP) respectively, have raised concerns that the ruling All Progressives Congress (APC) might, exploiting its incumbency, be influencing the judiciary.
What about Rivers State? The Constitution states in section 109(g) that any sitting member of a State House of Assembly who decamps to another party must lose his or her seat unless the defection is as a result of a division in his original party. The Supreme Court has invoked this provision to sack many defecting legislators. Many senior lawyers, including Femi Falana, SAN, have strongly averred that there’s no division in the PDP recognisable in law to justify the defections. Yet, a Federal High Court is dithering and seems likely to refuse to declare vacant the seats of the 27 members of the Rivers State House of Assembly who recently defected from PDP to APC. The failure to declare their seats vacant and order new elections can only fuel the suggestion that the court is being teleguided by the ruling party, APC.
Sadly, in Nigeria, the judiciary has done nothing to safeguard and strengthen democracy.
The consequence of the idiosyncratic and perverse rulings is, believe it or not, that Nigeria’s judiciary is perceived worldwide as utterly corrupt, dysfunctional and lethargic.
In their book titled Nigeria: What Everyone Needs to Know, John Campbell, a former US Ambassador to Nigeria, and Matthew Page, an Associate Fellow at Chatham House, wrote that Nigeria has “a judiciary notorious for accepting bribes and awarding favourable rulings to the highest bidder.” Now, if a former US Ambassador to Nigeria could hold such a view, expressed in a book published by Oxford University, what greater damage could be done to Nigeria’s international reputation and, particularly, its perception by foreign investors? Yet, it’s not just foreigners who have expressed such damning opinions about Nigeria’s judiciary.
Tell me, what can be more condemnatory than the views of Justice Dattijo Muhammed, the second-most senior Justice of the Supreme Court, in his valedictory speech in October this year? After setting out what’s wrong with the Supreme Court, he said: “It is obvious that the judiciary I am exiting from is far from the one I voluntarily joined and desired to serve and be identified with,” adding: “The institution has become something else.”
What about Dr Olisa Agbakoba, a venerated senior lawyer, SAN, and former president of the Nigerian Bar Association? Recently, he said: “With the greatest respect, this is the worst Supreme Court I have seen in my 45 years of practice.” Can anything be more censorious? In June, a senator, Adamu Bulkachuwa, said that when his wife was President of the Court of Appeal, he influenced the court’s decisions to favour his colleagues. What would the world make of such a judiciary?
So, you will understand why I pray to God about Nigeria’s judiciary, and why I urge fellow Nigerians to join me in the prayer. After all, God established the judicial institution: “Judges and officers shall thou make in all thy gates” (Deuteronomy 16:18) and gave judges specific instructions: “Thou shall not pervert justice; thou shalt not show partiality; thou shall not accept a bribe” (Deuteronomy 16:19). There are similar injunctions in the Quran. But in Nigeria, the injunctions are more honoured in the breach than the observance.
Apart from the religious books, the next epochal source of rules for judges is the Magna Carta, the great charter of liberty and justice, created in 1215, which influenced legal systems globally, particularly in English-speaking countries. Its principles are enshrined in constitutions worldwide, but they are blatantly violated in Nigeria.
Take the following. Clause 39 of the charter lays down the principle of fair trial. But unless you are rich and can hire “ogbologbo” lawyers or you are politically-connected and have secret channels to judges, you won’t get a fair trial in Nigeria. Clause 40 sets out the principle of speedy and timely justice. But cases can take up to 20 years in Nigeria. Clause 45 says: “We will appoint as justices, constables, sheriffs or other officials only men that know the law of the realm and are minded to keep it well.” Is that the case in Nigeria?
In his celebrated valedictory speech, Justice Muhammed referenced the allegations that appointments to the bench are no longer based on merits, as “undue advantage” is given to the “children, spouses and mistresses” of serving and retired judges. Indeed, recent appointments to the Federal High Court and the Court of Appeal included relatives of judges, prompting a strong rebuke from Dr Chidi Odinkalu, the Human Rights lawyer, who said some of the appointees had “the most scandalously scanty credentials”.
Justice Muhammed also mentioned the allegations that some judges are “comfortable in the company of” politicians, and “even campaigned for politicians.” How can such judges fulfil the injunctions of verse 16:19 of Deuteronomy or Clause 45 of Magna Carta or, indeed, the UN “Principles on the Independence of the Judiciary”, which contain injunctions similar to the biblical ones in Deuteronomy?
Nigeria needs patriotic judges who can defend democracy and act as a bulwark against abuse of power; God-fearing judges who won’t pervert justice. Join me in praying for Nigeria!
Happy New Year, fellow Nigerians!
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