The statement credited to President Muhammadu Buhari, according to the Special Adviser on Media and Publicity, Mr. Femi Adesina, to the effect that on “the fight against corruption vis a-vis, the Judiciary, Nigerians will be right to say that is my main headache for now.”
The statement further referred to the President’s experiences in 2003, 2007 and 2011 election petitions at tribunals, Court of Appeal and the Supreme Court. (Please see page 8 of The PUNCH of Monday, February 1, 2016.)
The statement, with utmost respect, is unfortunate and indeed unnecessary.
The founding fathers of Nigeria’s democracy and indeed the makers of 1999 Constitution of the Federal Republic of Nigeria, in their wisdom established three arms of Government, and Section 1, the genesis of the constitution states that “the Constitution is Supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”
Section 4 establishes the Legislature with defined jurisdiction and powers for making of laws for peace, order and good governance of the Federation.
Section 5 establishes the Executive powers of the federation and vests in the President authority to exercise the powers in accordance with the constitution and the laws as may from time to time be passed by the Legislature for the peace, order and good governance of Nigeria or any part thereof.
Section 130 (2) of the constitution further elaborates on the powers of the President by making him/her the Chief Executive Officer of the Federation and Commander-in-Chief of the Armed Forces of the Federation.
Section 6 creates the Judiciary to exercise judicial powers of the Federation. The powers vested in the Judiciary, extends, notwithstanding anything to the contrary in the constitution, to all interest powers and sanctions of a court of law.
There is created, the office of the Chief Justice of Nigeria, who has no executive power. He is the Chief Justice of Nigeria, head of the Judiciary and Chairman of the National Judicial Council.
There is a need, having regard to all these, to understand that the Judiciary is a peculiar institution bound by the law and all its activities are prescribed by law and rules which must be obeyed.
No judge at any level can act, decide or take any step outside the prescribed rules.
No judge can act on his emotions, beliefs, feelings, public reactions or ephemeral considerations. There are guidelines in decided cases called judicial precedents that guide exercise of powers and discretions.
Hon. Justice Kayode Eso JSC (of the blessed memory) in 1985 said:
“A judge must be bound by rules- accepted rules made under the law of the land – in order not to leave the populace in the fear of saucy dream of a Judge – who would believe, like Humpty that ‘When I say this, it must so, and why? Because I say so and consider that to be in the interest of Justice.’”
The judge is the arbiter between the individual citizen and the state, and between citizens per-se in all matters brought before the court. Judges, at all levels, are bound by the judicial oath, which are so strongly worded thus:
“I will discharge my duties and perform my functions, honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria … I will not allow my personal interest to influence my official conduct or my official function that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.”
The judges, indeed the court, are not court marshals that take the instructions of the Brigade Commander in that respect, the Hon. Chief Justice of Nigeria. The CJN cannot dictate to, direct or interfere with the decision of any judge, no matter his level in the hierarchy.
There is a need to understand and appreciate the independence of the Judiciary. The three arms of government are independent of one another, hence the most cherished principle of Separation of Powers. None of the arms of government is created to sabotage, or obstruct the other in the performance of its constitutional duties. The Judiciary cannot abdicate its responsibilities to the Executive, by doing the biddings of the President, or acting to please the President. That is an invitation to anarchy. We must not infuse fear or timidity into courts as that will lead to operate a sabotage of the cherished rule of law. No, it must not be. The Court should know no fear, cowed down or silenced by other arms of government.
There is therefore a need to avoid veiled threats, intimidation, blackmail of the judiciary as this is a most dangerous thing to happen to any Judiciary. In the First Republic and during the military regimes, the careers of judges were made insecure and several untoward conduct were meted out to them. The judiciary, notwithstanding, was not cowed. Judges showed courage and commitment to truth, the constitution and the law.
Since 1999, the judiciary has remained the only arm of government that has stabilised our democracy, nurtured constitutional democracy, and corrected political rascality and executive lawlessness in our nation.
This government is one solidly anchored on the principle of respect for human rights and the principle of the Rule of Law, where might is wrong and that, right, and not might, is the true basis of Nigerian society.
Hon. Justice Chukwudifu Oputa (JSC) (of the blessed memory) wrote, “Where the rights of the weak are trampled down, where the Bar and the Bench must have been successfully emasculated, there also justice would have been cast down from her seat, for those situations postulates a complete denial of justice.”
Justice is rooted in confidence and once the citizens begin to doubt the impartiality, independence and the commitment of the judiciary to the rule of law, the democracy we are practising is doomed. May it never be.
The issue of corruption is the responsibility of all Nigerians and the judiciary is the least that has been shown to be afflicted by the virus. The legislature has several cases of corruption unresolved till date, the executive is the cause of our economic woes and the current cases are traceable to failure of the system and refusal to follow due process by officers of the state.
The convention or the tradition kept by the judiciary, not to answer back allegations touching the core of its independence, impartiality and integrity should not be seen as admission of all the allegations that the judiciary is corrupt or condones corruption. No!
We need to appreciate the good work begun by Hon. Chief Justice Aloma Mariam Muhktar (retd.) and being improved upon by the Hon. Justice Mahmood Mahammed, CJN, GCON.
The Bar is doing everything to cleanse itself of the bad eggs in her fold.
It is a gradual process; it must be a painstaking and continuous measure.
The President, I pray, should not have any headache. The men and women of the Bar and Bench are happy with the way corruption by our public officers and political office holders is being exposed and dealt with. The world applauds the commitment of Mr. President to remove the cancer called corruption.
The President has been blessed with his choice of subordinate officers; the best in the legal profession surrounds the President in terms of integrity, learning, respectability and incorruptibility.
The judiciary needs appreciation and encouragement.
PUNCH
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