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Justice For Sale? – By Ebun-Olu Adegboruwa
Increasingly but alarmingly, it is gaining ground that Nigerians now believe that justice is for sale. This position seems to be gaining ground increasingly. Is it possible to buy justice? Is it true that some politicians have all manners of mobile injunctions already typed and prepared, stocked in their portfolios and they just bring them out to suit any occasion? Can it be true that there are some judges who have been earmarked for such jobs as issuing out any order, injunction or judgment? Can it ever be said that parties before a court of law can know their fate even before the case starts?
I am worried and worried. Not long ago, Chief Robert Clarke, SAN, warned about the dangerous dimensions of the influence of politics on justice administration generally. ‘So, one disadvantage in Nigeria today, which we have to look into, is how to curb the excesses of these politicians. They have ruined the judiciary. I feel sorry for them’, says Chief Clarke. I have also heard speculatively, that hardly is there any judgment from any election tribunal that is not a product of ‘transactions’.
My personal view is that most judges are incorrigible, above board and they decide cases according to law and their conscience, but the things that I hear are very troubling. They are spoken in hushed tones amongst the senior lawyers, they are posted with style on restricted WhatsApp platforms and they are ripe with the clients themselves. The question then is this: what is Transactional Justice? It is one in which the decision of the court on a case pending before it is procured or influenced by extraneous considerations other than the merit of the case. Such influence can be financial, tribal, religious or even social. At times it can be relational, such as when family members of a judge are recruited to put pressure on him to bend the scale of justice. The sphere is almost endless.
In Transactional Justice, there are lawyers involved as couriers of monetary offers to judicial officers and it is prevalent mostly in election petition cases. The politicians have become so desperate that they will do just anything to cling on to power, by all means necessary. The ugly side of this is that once it is possible to influence a judge in a particular judicial transaction, then the door is open permanently for other subsequent influences, as for instance once you are able to sway a judge to tilt the even scale of justice in an election petition, then that judge becomes a permanent customer even in other regular cases, whenever the need arises. This is how it goes. The litigant hires the very best lawyers in the field of his case, pays them well to handle all legal issues in the open court and then turn around to hire other lawyers or individuals in the background, purely for networking. These latter set of people have no business in the preparation of the case on the merit, they are not involved in the settlement of pleadings or briefs of arguments and they care less about the knowledge and erudition of counsel on record, but to work to secure victory for the paying litigant at all cost. They know the text of the judgment well ahead of time.
There are other aspects of Transactional Justice, I’m told. Some lawyers have perfected the style of always getting their cases assigned to a particular judge and God save you if you have to appear against them in any case, because you are doomed to always lose any point of law, no matter how brilliant you are and even if that point of law has been settled up to the Supreme Court. I don’t know how this works but it is said to be very common, especially amongst a few senior lawyers. It will surely take the connivance of court officials and the judge himself for this to happen, because once a judge has noticed the trend that a particular counsel is always appearing before him, almost on a daily basis, then that should raise the flag, if there is no collusion.
Then there are the professional litigants, who have no personal court cases of their own but have been recruited to help monitor the progress of some cases and to help secure victory ultimately. You see them in the courtroom, sitting prominently, for the judge’s attention and recognition. The court registrars know them, to always reserve vintage positions for them in the courtroom. In some very bizarre cases, they exude such irritating arrogance as to even sit by the entrance of the judge’s chambers, on each day that the cases come up, so that even the opponent would feel the pressure of the unofficial lobby. These ones are in the categories of family members, classmates, religious associates, social partners, either in the club or in the cult. The other side of this is that it gets so bad that even the registrars of the judges at times do complain openly.
How does it sound that judgment is no longer based on law or precedents? That law has become totally unpredictable, even for the same set of facts? We are unable to properly advise clients who approach us for legal counsel, as we now have different decisions, even of the Supreme Court, in the same set of facts and circumstances. Whereas this can be due to human error precipitated by the workload of judicial officers based on the volume of cases that they handle daily, it is also said that it can be the result of Transactional Justice. Good enough I have not had cause to be involved in any form of Transactional Justice, even for my own personal cases, all of which I believe I have won or lost purely due the facts of the cases and the application of law thereto. But I have no doubt that there is a high possibility that Transactional Justice is real.
Part of the Judicial Oath goes 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 and the law; that I will not allow my personal interest to influence my official conduct or my official decisions.’ Transactional Justice is allowing personal, family, social or financial benefit to influence judicial decisions. But we all call it the ‘High Court of Justice’, as it is described in the Constitution. According to the learned authors of the very persuasive Black’s Dictionary of Law, the notion of justice is ‘the fair and proper administration of laws’, meaning that it must be balanced, be equitable, be fair and just and it must substantially conform with known principles and standards of law. In human affairs, the judge is next to God, which is why they have earned the title ‘My Lord’. In the same way that the words of God become established to man without question, so also are we all enjoined to obey all decisions of courts in order to guarantee peace and orderliness in the society. But then, how do you go about obeying Transactional Judgments, procured through fraud and other extraneous influences?
This has raised a great challenge for the judiciary and the Nigerian Bar Association, to tackle as a matter of national emergency, or else we should all just close down our chambers and leave legal practice for Transactional Lawyers. Why on earth should I bother myself to prepare for a court case that I know I will win or lose, as the case may be, and one in which the outcome is already predetermined? Now the trouble in all of these is that the rich and affluent, the ones so very well connected and powerful, will always get the upper hand in situations of Transactional Justice, which will be a game for the highest bidder. The poor man and his lawyer, the weak litigant and the lowly members of society stand to lose in all cases where Transactional Justice is at play, as they simply cannot match the stakes.
The negative consequence of Transactional Justice is that impunity, lawlessness and wickedness will continue to plague society, if the wicked and lawless oppressor cannot even be called to order by the court. When they breach your rights, they then turn around and taunt you to go to court, if you feel sufficiently aggrieved. ‘We will meet in court’, is what you get when you dare challenge impunity. It has gotten to the point that there are now individuals and even corporate entities that their names evoke fear, such that once you mention their names, people just throw up their hands in the air in total submission, meaning that you waste your time challenging any of their actions in court. But this should not be at all. We must not drive people to the point of frustration that will lead them to take law into their hands. If the courts cease to be the last hope of the common man, then the consequences can be very dire indeed. The rule of might, the power of money and the influence of man, should not determine the ends of justice.
I believe in my heart as most lawyers do that judges are human and they can err at times, but all cases of Transactional Justice should be met with open resistance and humiliation by all lovers of justice, less we all become helpless victims of injustice, because when judgment is procured by any means whatsoever and howsoever, it ceases to wear the noble garment of justice.
Adegboruwa, a Senior Advocate of Nigeria (SAN), wrote from Lagos
President Bola Tinubu, must avoid the pitfalls that to the bloody coup that truncated the first republic by immediately halting the current conflagration going on in Rivers State, following last Saturday’s elections that produced new executive leaderships for the 23 local government areas in Rivers State.
The admonition came from Olabode George, a retired soldier and former Military Governor of Ondo State, as he weighed into the crisis, following reports of massive violence in the oil-rich state, including the burning down of some local government headquarters by hoodlums.
George, Deputy National Chairman of the Peoples Democratic Party (PDP), palpably disturbed by the development, particularly urged the President to call Nyesom Wike, Minister of Federal Capital Territory (FCT), fingered as key figure in the crisis to order before he plunged the state into further cataclysm, which could eventually affect the nation’s democracy negatively.
The retired naval officer, told the President: “Now that people of Rivers State have boldly asserted their civic and constitutional rights by coming out to vote in the local government election on Saturday, this is the time for the former governor of the state and now FCT Minister, Nyesom Wike, to allow Governor Siminalayi Fubara to work and deliver dividends of democracy to the people.
“This is also the time for President Bola Tinubu to advise Wike, who is one of his ministers, to allow the governor to work. I say this with all sense of responsibility because if this democracy is truncated, God forbid, Tinubu, as the Commander-in-Chief, will be the biggest loser.”
He added: “All lovers of democracy will agree with me that political happenings in this oil-bearing state in the last few months, if allowed to continue, can lead to a re-enactment of the crisis in the defunct Western Region between 1962 and 1966, which eventually led to the first military coup of January 15, 1966. Many of our national figures were killed, and events of that day led to a second coup on July 29, 1966, when scores of military officers were killed.
“Since history is no longer taught in our schools, I want to remind the gladiators in this Rivers crisis that the January and July 1966 killings eventually led to the Civil War between July 6, 1967, and January 15, 1970. Close to two million Nigerians died in the war.
“I’m raising the alarm about what is currently happening in Rivers due to its seriousness. This is a man-made crisis, designed to create a conflagration that may eventually consume the country due to the economic importance of Rivers to the survival of this nation and being the gateway to the Niger Delta.
“It is good to have political ambition, to be the alpha and omega in a partisan setting, but such ambition must not be at variance with the expectations of the people. Any threat to peace in Rivers State will eventually lead to huge security implications, not only for Nigeria but West Africa and Africa.
“Some have said what is happening can be traced to the 2027 elections’ calculations. I believe it is too early to start strategising for a partisan event, which is still close to 28 months away.
“One thing is clear: Nyesom Wike was governor of the state for eight years. He left the Government House in May last year, and today he is the FCT Minister. Sir Peter Odili and Rotimi Amaechi were governors before him. Now that Governor Fubara is the Chief Executive of the state, he should be allowed to work. Nobody stays in office forever.
“By 2027, the people of Rivers State will decide, through their votes, if they want him to return to office or not. This is how political issues and ambitions are handled in civilised climes. The way this partisan crisis is going, if not checked, may collapse our democracy. Now that council chairmen and councillors have been elected, I appeal to Nyesom Wike to please give peace a chance.
“Tinubu must also call Wike and tell him to allow the governor to work. It is that Wike sponsored and supported Fubara to become governor, but somebody also supported Wike to be governor from 2015 to 2023, while somebody also nominated him to serve as minister. God will always use somebody to help anybody, but nobody is God.
“I recall years ago, I had to travel all over the country to canvass for votes when I wanted to be the PDP National Chairman, only to discover that there was a gang-up against me a few days before the party’s convention, leading to my withdrawal from the race. Wike, Uche Secondus, who eventually became the party chairman, some senators, and others came to my Abuja house to beg me. What I did was to ask Rev. Bunmi Jenyo, who was in my house that day, to pray for them. Since then, I have not left the party. That is the way I play my politics because nobody is God.
“It is because of this crisis in Rivers that the PDP lost out in the October 5 council elections because we didn’t field candidates. Elders in our party should also advise Wike on the way forward. Look at what happened during the September 21 governorship election in Edo State. The exercise was brazenly manipulated, and this is because some of our members allowed it to happen. Inordinate ambition is affecting some of our people.
“I am appealing to Wike to please let this crisis be a thing of the past. The democracy we enjoy today, many people suffered to bring it to fruition. Some even died. We should not be seen dancing on their graves because of partisan interests. Only God knows what will happen in 2027 because He is greater, wiser, and more powerful than all of us.”
Calling on Justice Kudirat Kekere-Ekun, the new Chief Justice of Nigeria (CJN) to call some judicial officers to order, expressing disgust concerning conflicting court rulings on the recently held council election in Rivers State, he wondered how courts of the same jurisdiction, having the same powers, could be giving conflicting orders on a similar suit, adding judiciary must remain above board as the last hope of the common man.
“This is also the time for the new Chief Justice of Nigeria to call some judicial officers to order. A High Court in Rivers gave an order that the council election must hold. A Federal High Court in faraway Abuja gave another order that security agents must not provide security during the election. How can courts of the same jurisdiction, having the same powers, be giving conflicting orders on a similar suit?
“Judges should not allow politicians to influence them to be giving conflicting judgements. As the last hope of the common man, the judiciary should be above board. Once again, I am appealing to Wike to look at the larger interests in this crisis. He should not allow himself to be used and dumped by the APC.
“This is also the time for Tinubu to see himself as the father of all. My prayer for Governor Fubara is for God to continue to direct and protect him in this political journey. Your calmness of purpose and humility will continue to endear you to the people. The political storm in Rivers must disappear immediately, in the interest of all Nigerians.”
President Bola Tinubu has ordered men of the Nigerian Police Force (NPF) to move into Rivers and secure the state against rampaging hoodlums setting fire on headquarters of local government areas, apparently to stop the newly-inaugurated council executives from taking office.
Tinubu’s order was conveyed in a statement by Bayo Onanuga, his spokesman, on a day he also called on Siminalayi Fubara, Governor of the state “political leaders” and their supporters to exercise restraint and uphold the rule of law, without mentioning Nyesom Wike, Minister of the Federal Capital Territory (FCT), who has been fingered in the crisis.
Part of the statement, read: “In response to recent tensions following last Saturday’s local government council election, the President expressed deep concern over reports of arson and explosions in the state. He urged all political actors to de-escalate the situation and discourage their supporters from engaging in violence or destructive actions.
“President Tinubu directed the police to restore and maintain peace, law, and order immediately. While instructing law enforcement agencies to bring the situation under control, he emphasised the need to ensure the security of public institutions.
“President Tinubu said government facilities built with public funds must be safeguarded from vandalism. He stressed that self-help has no place in a democratic system, especially after 25 years of continuous democracy. According to President Tinubu, the judiciary can settle all political disputes, and the outcome of this election should be no exception.”
Authorities of the Rivers State Police Command, have continued to keep mute as more local government area headquarters go up in flames, apparently as a fallout to the commencement of new administrations in the 23 councils of the state.
What started from the Eleme Local Government Headquarters, on Monday morning, which was torched by unknown arsonists, has spread to other places, including the newly-built council secretariat at Isiokpo in the Ikwerre Local Government Area, which has also gone up in flames.
Channels Television, quoting a resident of the area, as confirming a video making the rounds about the burning council headquarters.
The incident, which is coming hours after policemen that have been keeping vigil at the councils were withdrawn on Monday morning on the orders of Kayode Egbetokun, the Inspector General of Police (IGP), also claimed part of Emohua Local Government Council secretariat, where some youths were said to have blocked the entrance chanting songs in solidarity of Nyesom Wike, Minister of the Federal Capital Territory (FCT) and insisting that the new chairman David Omereji would not be allowed to take office.
A video, which has gone viral on social media, indicating where the current firepower is coming, showed the youths in the Emohua council, who have barricaded the entrance to the secretariat, chanting “No Wike, No Rivers State!!”
There no indications however that the police have either arrested any of the hoodlums or any statement explaining the volatile situation, which is coming on the heels of the inauguration of the 23 members of the councils by Siminalayi Fubara, Governor of the State, on Sunday, following their individual victories at the local government elections a day earlier.
Justice Peter Lifu of the Federal High Court, Abuja, had on Monday last week, barred the Nigerian Police Force (NPF) from providing security in the state during the local government elections of Saturday, alongside the Independent National Electoral Commission (INEC), which was also barred from providing the voters register for the exercise.
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