Judges from courts of coordinate jurisdiction trafficking in conflicting judgements may soon receive the hammer, as the National Judicial Council that is vested with powers to rein in errant judicial officers is investigating such serial rascality. But it is unfortunate that it is acting rather too late. So much damage has already been done to the judicial system.
The Chief Justice of Nigeria, Mahmud Mohammed, who also chairs the NJC, said recently, “All the judges involved are being investigated and actions will be taken against them, accordingly.” The trend has spawned an avalanche of petitions against such judges, some of which were sent directly to the President, contrary to laid down procedures.
A protracted intra-party feud in the Peoples Democratic Party has resulted in Ali Modu Sheriff and Ahmed Makarfi leading rival factions, which at different times obtained conflicting judgements from Federal High Courts in Abuja and Port Harcourt respectively. The 2016 governorship election dispute in Abia State between Okezie Ikpeazu and Uche Ogah – all of the PDP – and Appeal Court panels in Abuja and Ilorin decisions on the Public Order Act, also elicited such judicial pantomime. These rulings are making Nigerians nervous.
It will be wrong to kick this issue into the long grass. It is incredible that the court at the appellate level is even not insulated from this abuse of the court process. Why this is so is evident in the CJN diagnosis: “Such decisions were made as a result of flagrant refusal of the panels of the Court of Appeal involved to be bound, not only by its own decisions, but by the decision of this Court (Supreme Court)”.
Abuses like these reflect the high level of decadence in our judiciary, and are a clear indictment of judicial authorities. Indeed, their regulatory capacity or ability to control the system is being questioned. Appellate courts exist for litigants who feel that they are denied justice at the lower courts to seek redress. But when they run to courts with coordinate jurisdiction, apparently goaded by their tainted counsel, it leaves the judiciary severely corrupted.
But is there any hope that this recklessness could easily be curbed? We doubt very much. Previous CJNs had in the past warned judges to stop reckless granting of interlocutory injunctions, perpetual injunctions, and improper use of discretionary powers, largely fuelled by corruption, but to no avail. In cases where the NJC reacted, its action hardly resonates.
Mohammed is due for retirement in November when he would have clocked 70 years. He knew the mess he now feels strongly about existed even before he assumed office; and he expressly told the Senate so during his confirmation hearing. “The problem is with us. We don’t want cases to finish quickly. We don’t tell our client the truth even if they have a good case,” he intoned. But he did not strike immediately he mounted the saddle. So, what impact will the probe he has ordered make in the twilight of his magisterial service?
Regrettably, judges in Nigeria see themselves as a special breed of citizens who are above the law. This is also true of some senior lawyers, who handle these briefs that bring odium to the justice system. Ayo Salami, a former President of the Court of Appeal, once alleged that retired senior judges were deeply involved in “bribing or intimidating judges,” under the guise of legal consultancy. Nothing could be more despicable.
Guaranteeing the independence of the judiciary is essential. But when corrupt judges get a slap on the wrist by the NJC, as they are often treated, it lays the corrosive foundation for the moral atrophy that currently whacks our justice delivery system. The CJN should make no mistake about it: improprieties in the judiciary will continue to fester until judges that traffic in them are tried and jailed, in accordance with the laws of our land.
It is the way societies guided by the rule of law redeem or protect the sanctity of their judiciary. In Britain for instance, the most senior black female judge, Constance Briscoe, was sentenced to 16 months in prison after she was found guilty of lying to the police that investigated Chris Huhne speeding points’ scandal in 2014. While jailing her, the judge, Baker, said Constance “considered respect for the law was for others.”
This is the erroneous mentality errant judges and lawyers in Nigeria have that underpins the impunity, which destroys the system. When the law is a respecter of a caste of persons, public confidence in the judiciary vanishes; and invariably promotes self-help to the peril of the entire society.
There is a lot wrong with our judiciary. We have had enough of sound bites from the CJN and the Attorney General of the Federation on how to make the judiciary work again. Action is needed now to stop the bad eggs from the Bench and Bar from escaping justice; and thereby, restoring the integrity, dignity and respect of the legal system. To achieve this will require appointing CJNs with tenure long enough to execute branch and roots reforms in the judiciary.
