News
Justice For Sale? – By Ebun-Olu Adegboruwa
Published
2 months agoon

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
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N15billion VP’s residence: Stop whining, you’re a hypocrite, Shettima attacks Obi
Published
21 hours agoon
December 6, 2023
“President Tinubu and Vice President Shettima have left no stone unturned since they assumed office in the bid to wriggle the country out of the economic and social morass it had been enmeshed in. Under their watch, within a period of seven months, Nigeria’s foreign policy process and international relations have been reinforced with commendable results.”
These were the exact words, with which Vice President, Kashim Shettima, pushed back against attacks from Nigerians over the N15billion proposed by Nyesom Wike, Minister of the Federal Capital Territory (FCT), for the completion of the official residence of the Vice President in Abuja, saying those kicking against the project, were not being sincere.
He particularly lashed out at Peter Obi, former Governor of Anambra State and presidential candidate of the Labour Party (LP) in the February 25, 2023 election, accusing him of speaking out of the pains he still felt over his defeat by President Bola Tinubu and himself, who ran on the platform of the All Progressives Congress (APC).
The VP wondered why the same Obi, who had as governor, ordered the completion of abandoned projects during his tenure in Anambra would rail against the same move by the Tinubu administration, saying it smacked of hypocrisy on his part, as the project in question came about not because he wanted to live in a new house but that the current government at the federal level desired to complete projects abandoned by previous governments.
In a statement signed by Stanley Nkwocha, his spokesman, the VP, admonished Obi to quietly lick his wounds from his defeat rather than whining endlessly over every move of the Tinubu administration, which he said were bold steps being taken in its determination to turn things around for the country.
The full statement, read: “We have taken note of statements credited to presidential candidate of the Labour Party (LP) in the 2023 presidential election, Mr. Peter Obi, in which he made yet another frail and futile attempt to paint the President Bola Ahmed Tinubu administration in bad light.
“For good 24 hours, Obi danced naked in the public square, trying to curry the attention of those who care to listen to his falsehood and warped opinions about waste. On Sunday, he accused the current administration of sponsoring over 1,400 delegates to Dubai for COP28.
“The next day, being Monday, the subject of his new found passion – armchair criticism – after his colossal loss at the presidential poll was the proposed N15.5 billion budgeted by the Federal Capital Territory Administration (FCTA) to renovate the house of the Vice President, which he claimed would pay the annual salary of 3,000 University Professors.
“Ordinarily, we wouldn’t have bothered to gratify Peter Obi with a response, especially when it is obvious that the Labour Party candidate is an unhealthy subject to post-election trauma.But it has become necessary to put the records straight. In his recent tirade against President Tinubu and his deputy, Vice President Kashim Shettima, Obi started another series of self-aggrandizement aimed at convincing Nigerians that he is the only person who has their interest at heart. But a clear shift of the veil will reveal deeply a man who is still sobbing after his woeful loss in the 2023 presidential election.
“For the records, unlike the “most brilliant, all knowing and Nigeria’s mirific but never-had President,” Mr Peter Obi, both President Bola Ahmed Tinubu and Vice President Kashim Shettima, have never claimed to know it all or exhibit anything close to perfection in their dealings. If anything, they have always submitted to their human nature, leaving perfection to the Almighty God only.
“Giving the reactions and invocations generated by Mr Obi’s comments, however, it is necessary for the sake of history to clarify that the proposed plan for the construction of the Vice President’s official residence, for which budgetary allocation was made in the 2024 budget by the FCT Administration, was awarded by the administration of former President Goodluck Jonathan. It was not originated by the present administration. This, Mr Obi, knows but chose to play dumb all in a bid to inflamate a targeted group of Nigerians and, as usual, score cheap political goals, accolades and praises.
“The project, which was reinitiated in 2010 and was funded by the Jonathan administration, was abandoned. Appalled by the sorry state of the uncompleted building that was now overtaken by weeds and reptiles over a decade after construction started about 13 years ago, the current FCT Minister, Nyesom Wike, felt it would be a waste to allow such a project started with public funds to continue to lie fallow; thus, in his wisdom and without the prompting of the Vice President, decided to resuscitate the building.
“We invite more cerebral Nigerians to crosscheck properly which should be considered a waste between Obi’s tantrums because the project has attracted government’s attention, given the decision by the current administration to complete vital abandoned projects. What is more wasteful and reckless than abandoning an edifice to rot and depreciate despite the amount that has been sunk into it over the years?
“We recall that while Obi was governor of Anambra State, he had insisted that contractors should return to site to complete abandoned projects, which he then never considered as a waste. If he did this while deploying ‘entailed wisdom and leadership’ to Ndi Anambra as a governor, the question now is: why should the same action by the Tinubu administration now be termed blue murder?
“Nigerians know that the issue of a befitting residence for the Vice President had been a recurring decimal in the budget of Nigeria since 2007. It did not start today, same for residences of the Senate President and the Speaker. The array of abandoned Federal Government projects littered all over the country is a national embarrassment that the current administration has taken a bold step to save the country from. This is why it has made it a priority that all abandoned projects must be completed before new ones are initiated, save for some on exceptional basis, either because of the need for strategic alignment or economic significance.
“Comparing the amount budgeted for the residence of the VP and salaries paid to Professors is an analogy taken too far. This is the only government that has repeatedly made it clear that the welfare of lecturers is paramount and the need to increase the budget of the educational sector is a gradual process in the face of the daunting security challenges it met on ground.
This same government directed that the backlog of salaries owed both teaching and non-teaching staff of universities be paid immediately despite the ‘no work, no pay’ order, while negotiations for their welfare continue in view of a wage package in 2024. The introduction of a student’s loan scheme is also a masterstroke that is targeted at ensuring that nobody, no matter his/her status, will be denied the right to quality education.
“Taking into cognisance the recent inflation rate, which has become a global phenomenon that Nigeria is not immune to, budgetary provisions are estimates aimed at advancing monies to complete projects that have bearings on the lives of the people. That the amount budgeted for various sectors are deemed to be on the high side is not unconnected with inflationary trends as being witnessed the world over. And since Mr Obi has qualms with this, he may as well explain to Nigerians why despite being a self acclaimed billionaire he and his likes continue importing all manner of junks, including toothpicks to sell to Nigerians all in a bid for his NEXT business empire to flourish at the detriment of our foreign exchange and economy.
“Curiously, it is under the Tinubu administration that Obi has suddenly “become a man,” with a shrill voice in the opposition camp. His claim about Nigerians needing leaders willing to make sacrifices for the nation’s development smacks of hypocrisy of the highest order. It appears the former Anambra State governor has forgotten so soon reports about the plethora of contracts he awarded in the twilight of his administration, including road contracts worth over N30 billion he awarded within a record period of three weeks.
“Nigerians have also not forgotten the investigation by the global International Consortium of Investigative Journalists (ICIJ)-led Pandora Papers project which linked Obi to a number of secret business deals and relationships that he kept top secret, including businesses he surreptitiously set up and operated overseas. He later admitted that he did not declare these companies and the funds because he wasn’t aware that he was expected to declare assets or companies he jointly owns with his family members or anyone else as provided by the law.
“There is no other context to situate Obi’s sermon about waste other than the fact that he has refused to swallow the bitter pills of reality. It is pitiful that since he was mercilessly defeated by President Tinubu, he and his army of social media cohorts have continued to brazenly unleash a campaign of calumny against the President and now, his administration.
“But despite Obi’s divisive rhetoric, Nigerians have since put a final seal on religious and ethnic politicking so that the country can move forward against the wish of certain persons in the mold of Obi who have continued to fan the embers of division and falsehood just to create tension and spurn vexatious narratives in the polity.
“They have turned themselves into marketers-in-chief to attract direct foreign investments, all in a bid to turn around the nation’s economic fortune for good. But the likes of Obi have not for once applauded these efforts. Still labouring under post-election trauma, the Labour Party candidate and his ilk are bent on pulling down the Tinubu administration at all cost.
“We advise him and his fellow travellers in the opposition to accept defeat honourably, and put the interest of Nigeria and Nigerians first as patriotic citizens they claim to be. Nigerians are not so gullible to be hoodwinked by statements that fly in the face of common sense. Our candid advice for him is that he should join hands with the current administration in nation building instead of all these red herrings he is throwing around.
The Vice President is a very busy man. He has committed himself to serving Nigeria and helping President Bola Ahmed Tinubu to achieving his set goals and objectives. As his work attitude and skills speak to, Senator Kashim Shettima is a very serious-minded leader. He is not into dubious or phony politics of statistics manipulation or mind games. Leadership, to him, is a serious business and not a circus show!”




News
Kaduna bombing: How I lost 34 family members – witness *After the first, they returned to cause the main havoc
Published
1 day agoon
December 5, 2023
“As we rushed to aid the injured, the jet returned, unleashing a second bomb, this time, many of those who had come to help were among the casualties,” were the exact words with which Idris Dahiru used to paint the gory incident of the massacre of his kinsmen after the bombing of his community by soldiers from the Nigerian Army.
Dahiru, who claimed he lost 34 of his family members in the incident to which Taoreed Lagbaja, Chief of Army Staff (COAS), attributed to mistaken identity as the operatives mistook them for bandits, said there was an initial attack in which the first set of victims were torn to shreds where others escaped death by the whiskers.
Stating that it was when rescuers from the village, who initially dispersed for dear life, returned to help the wounded that the more devastating attack happened as the soldiers returned to drop more bumbs.
Lagbaja, a Lieutenant General, who led other military top brass to commiserate with the community, where he donated N10million to help victims of the attack which occurred on Sunday, had told his hosts, “Having trailed them for sometimes, the decision was taken to conducts a strike based on the observations of tactics usually employed by bandits. Unfortunately, the report we got thereafter revealed that it was innocent civilians in Tudun Biri that the drone carried out the strike on.”
Stating that the reason for the urgent and essential visit to the village was to commiserate with the community on the unfortunate incident, Lagbaja assured them that a thorough investigation had commenced on the matter even before the directive to that effect by President Bola Tinubu.
Dahiru, who spoke with the BBC Hausa, said the bombing, which went off without notice killing many people, disrupted their Maulud celebration, adding: “Unexpected airstrikes shattered our annual Maulud celebration. The first bomb exploded without warning, killing innocent people, including women and children, the blast tore apart some victims.
“My family alone has lost 34 members in this tragedy. We have 66 loved ones receiving medical care at Barau Dikko Hospital.”
December 6, 2023 9:12 pm


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