'Who Will Judge This Judge?' By Lawal Ogienagbon

SQUIB GUEST


In every part of the world, judges are like God. They have the power of life and death. Although they cannot give life like God, they can take it if an offender breaks the law. And the circumstances under which judges in the country can take life which they cannot create are clearly spelt out in the 1999 Constitution.

Because of the enormous powers vested in judges, they are expected to be above board. This is why some of them who have the fear of God live an ascetic life. Indeed for one to be a good judge his way of life may not be different from that of a monk. In those halcyon days, judges did not have friends. They kept to themselves and their libraries and studies were their only companions. Judges kept a distance from others to avoid being unduly influenced in cases which they are handling. Those were the days when Nigerian judges were hot cakes in the international market.

Many of them left the shores of the country to head the judiciary of other countries. In this category were the late Justice Akinola Aguda; Justice Olakunle Orojo and Justice Emmanuel Ayoola, among others. Our judges are among the best in the world and President Umaru Yar’Adua attested to this fact in his address at the opening of the judges’ conference in Abuja on Monday. Said the President: “My Lords you have been variously described as the best judges in Black Africa; you have demonstrated learning, wisdom and courage in the exercise of your duties. Your quality has been attested to by African countries who regularly seek your aid to assist with their judicial system…”

The oath of office of judges expects them to be upright, spartan and God-fearing. As people who sit in judgement over others, they are expected to be the paragon of good character, behaviour and culture. But unfortunately, the bad apples among them are giving our judges the name they do not deserve. What is it that makes someone who is expected to be the embodiment of discipline and chastity to commit sacrilege? As Shakespeare said ages ago, the “fault is in ourselves, and not our stars…” so, a bad judge is bad because he is not good in himself.

For some time now, some of our judges have shown the bad traits in them. Unfortunately, these are traits which should only be seen in criminals brought before their Lordships. Now there is little or no difference between some judges and criminals. Surely, danger looms when a judge exhibits traits associated with criminals. How safe the society will be in the hands of such a judge can best be imagined. In 1993, the late Justice Bassey Ikpeme toed the path of infamy by stopping the June 12 presidential election when she knew she had no power to do so. What she did then is child’s play when compared to what another female judge, Justice Beatrice Iliya did recently when she allegedly distorted a Supreme Court judgement in order to arrive at a decision that suits her purpose. If a judge can distort the judgement of the highest court in the land, I don’t think there is nothing such a judge cannot do.

But if a judge can falsify a court judgement, does he or she still have the moral right to judge others? What will such a judge say if a suspect is brought before him for forging and altering? If the judge is confronted with such a case, won’t his conscience prick him? Won’t he see himself in such a suspect and be tempted to pervert the course of justice? What Justice Iliya allegedly did is unbecoming of a judge of a superior court. She has dragged her name and her esteemed office in the mud.

As punishment for her action, the President of the Court of Appeal, Justice Umaru Abdullahi has removed her as the chairman of Kwara State Election Petition Tribunal. But the matter, I daresay, should not end there. The National Judicial Council (NJC)


National Judicial Council should take up the matter and find out why a judge would distort a Supreme Court judgement. Why did she do it? Was it for filthy lucre or what? Whatever may be the reasons for her action, I don’t think they can be justified. But then she may be able to convince the NJC otherwise if she appears before the Council.


CULLED FROM ‘THE NATION’ THURSDAY NOVEMBER 8 2007


Related link: http://www.editorspark.blogspot.com