'Lawyers to Judges: Restore Judiciary's Glory in 2008' By John Austin Unachukwu

LAWYERS TO JUDGES: RESTORE JUDICIARY’S GLORY IN 2008


STILL savouring some landmark judgments by the courts in the outgoing year, lawyers, including three members of the inner Bar, believe that most members of the Bench possess the strength of character to restore the glory of the judicial arm of government.

Although silent on such judgments, including the sack of Dr Andy Uba as Anambra State Governor for Peter Obi to complete his four-year tenure and the voidance of Sir Celestine Omehia’s purported election in Rivers State in favour of Hon. Rotimi Amaechi, the lawyers asked the judiciary to sustain the good work it did this year, entrench the rule of law and punish corrupt members of the Bench.

For instance, Itse Sagay, a law professor, described the performance of the judiciary this year as impeccable and beyond expectations.
Sagay, a Senior Advocate of Nigeria (SAN), however said the judiciary should sustain the tempo and do more to entrench democracy, good governance and the rule of law in 2008.

Said Sagay, a constitutional lawyer: "Well, the performance of the judiciary in 2007 was impeccable, to put it mildly.
"The performance was really beyond what one expected, given the experiences of the more recent past. They have established themselves as the real architects of democracy and the rule of law.

"Politicians failed us completely from the Obasanjo regime to the 2007 elections, both at the executive and legislative levels.
"Nobody expected the judiciary to come to the rescue of the country in such a dramatic way. By dong so, they have raised the hopes of the country. I am really grateful to your newspaper, The Nation, for making the Supreme Court of Nigeria the "Man of the Year 2007". I am very very grateful because, you see, people need encouragement.

"If nobody appreciates them, they may not be encouraged. But what your newspaper did was to make us understand that Nigerians are taking notice and that Nigerians appreciate what judges are doing.
"They will feel encouraged, that is the truth. They will even do better.
"I think that next year, we will see a continuation of the same trend because it is the same people who are there. They know this country and what is wrong with it.
"In fact, if you want me to encapsulate the whole thing in one sentence, I will tell you that this new Supreme Court and the Court of Appeal and, indeed, generally the judiciary are restoring the glorious age of the judiciary which we enjoyed under people like Hon Justice Kayode Eso (rtd); Hon. Justice Chukwudifu Oputa (rtd); Hon Justice Gaius Obaseki (rtd); Hon Karibi-Whyte (rtd), about seven of them who were the architects of the glory days.
"What ended around 1990 is returning and we expect to see more of it in 2008."

A former president of the Nigerian Bar Association (NBA), Chief O. C. J. Okocha (SAN) said: "Well, I expect the judiciary to keep dispensing justice without fear or favour, affection or ill wind to continue in its bid to enthrone the rule of law and plant in the mind of Nigerians the idea of the supremacy of law.

"They have done well in the last few years and I think they should continue in that way.
"Nigerians now appreciate that the judiciary is to uphold law and order and ensure that the rule of law is entrenched and enforced."
Chief Oluwarotimi Akeredolu (SAN) said: "I expect the judiciary to be better galvanised and continue the good work in 2008.
"I would also want the judiciary to know and appreciate the fact that Nigerians are massively behind them.
"Nigerians have high expectations from the judiciary in the new year and beyond. In fact, the hope of the masses is the judiciary which they expect to stem corruption, entrench constitutionalism, democracy and the rule of law.
"In doing their work, they should exhibit a high level of probity and integrity, knowing that Nigerians are looking at them.
"We have great respect for the judiciary and expect them to double their performance in 2008."

The chairman of the Ikorodu branch of the NBA, Mr Nurudeen Ogbara said: "The judiciary should be more proactive, should be more activist and above all, our judiciary should be more people-oriented.
"It should promote constitutionalism in 2008 much more than before because it is on the basis of that, that governance should be established.
"It is only once you establish good governance that you entrench democracy and democratic tradition. By doing this, it will be difficult for wrong people to usurp our mandate or for wrong people to be in government. So, I charge the Supreme Court to be more realistic and much more involved in doing justice rather than technical justice by which it denies jurisdiction and say that this is the law and that is the law, there is nothing they can do.

"The era of ‘our hands are tied’ is gone forever. This is the era of justice Ubi Jus Ibi remedium, even where a particular relief is not sought, the Supreme Court should be able to grant it so that a lot of justice, a lot of goodwill be done not only to the parties before it, but to the Nigerian society and indeed humanity at large.

"The Court of Appeal has been very wonderful in the last two, three years. They need to consolidate on the achievements they have recorded in recent times in deepening constitutionalism, democracy and good governance.

"The High courts too have been trying. They should not rest on their oars. They should ensure that democracy is consolidated for the benefit of all because in all these things, the more proactive, the more people-oriented the judiciary is, the more relevant the judiciary becomes in our society. The more respected it becomes, the more sacrosanct and more popular it becomes. That will be good for us because the executive and the legislature will then think twice before they do anything. "The Nigerian society and indeed humanity will be the ultimate beneficiary. I look forward to proposing a toast to the judiciary come December, 2008."

Steve Unachukwu Ohamadike, an Awka-based lawyer said: "I would expect to see a judiciary which remains committed as it is currently to the sustenance of democracy, the rule of law and justice to Nigerians, a judiciary with even-handedness to the rich and the poor and ensure that governance is carried out in accordance with universally-accepted principles and norms.

"I look forward to a judiciary that will treat corruption and corrupt public officers with the kind of disdain they deserved and stem the endemic corruption in the country, a judiciary that sustains the present war against corruption in public life."

Appraising the judiciary in the last one year, Unachukwu said: "The judiciary has done marvellously well. It is the only institution standing as at today in Nigeria. It is the only institution that is standing in the midst of the mess that Nigeria has become.
"So far, we are proud of the judiciary and would like it to maintain its pride of place in the country. Let them continue in the way they are going and shy away from temptations which could ridicule the judiciary, particularly, at the Supreme Court level."

Lagos lawyer and civil society activist, Mr Bamidele Aturu said: "I expect the judiciary to consolidate on previous records and ensure that when people bring cases before it, it would treat such cases expeditiously.
"I want the judiciary to be very fair and firm. In respect of some former governors who are alleged to have stolen huge sums of money from their states, the courts should deal with the cases sincerely so that people would know and believe that it does not pay to be corrupt.
"The judiciary has show that it does not tolerate or condone political anarchy by exposing and punishing some of the politicians brought before the courts.
"I expect that the judiciary will continue to uphold the rule of law by ensuring that judgments which they give are in line with the 1999 Constitution.
"For judges who have the inclination to take bribe, the National Judicial Council (NJC) should fish them out and ensure that they are also prosecuted. Those of them found guilty should be jailed because if some corrupt judges are jailed, the move will send very strong signals that the judiciary will not tolerate corruption, even in the larger society."


CULLED FROM 'THE NATION', DECEMBER 31 2007