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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
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
Peter Obi, candidate of the Nigerian Democratic Congress (NDC), in the 2027 presidential election, is peeved at the decision of the Federal High Court, Abuja, ordering the de-registration of the African Democratic Congress (ADC), saying the move is a heavy blow and dangerous to Nigeria’s democracy.
Justice Peter Lifu, who made the order, based on an action brought by National Forum of Former Legislators, agreed that the parties, including Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP), failed to meet the requirement for continued existence in Nigeria.
But Obi, who left the ADC coalition to join the NDC, incidentally, based on what he explained resulted from the multiple court cases hanging on its neck, expressed his disenchantment, in a statement by the Peter Obi Media Reach (POMR), on Monday.
Signed by Ibrahim Umar, its spokesman, the group quoted the former Governor of Anambra State as decrying the growing damage to the nation’s sacred institutions on the altar of politics.
Stressing that the rise of nations depended on stronger institutions devoid of political influences, the 2023 Labour Party presidential candidate, wrote on his X platform: “When the controversy surrounding the removal of the former Chief Justice of Nigeria, Walter Onnoghen, unfolded, I expressed a concern to a friend: that the greatest damage might not be immediate, but the message it sends about the sanctity and independence of our institutions to the world.
“Strong economies are built on trust. Investors can manage security risks, policy risks, and even market risks. What they fear most is uncertainty in the rule of law and a judiciary that is perceived to be vulnerable to political pressure.
“Today, many Nigerians have lost confidence in systems that should protect them. Businesses increasingly request that their contracts be governed by foreign jurisdictions because they have greater confidence in those institutions than in our own. That should concern every patriot.
“We must never sacrifice our sacred institutions on the altar of politics. Nations rise when institutions are stronger than individuals. The Federal High Court judgment ordering the deregistration of the ADC and other political parties is just one of those activities that further reduces the common man’s trust in our legal systems. It should be reversed.
“I pledge that we will restore the dignity, independence, and integrity of the judiciary. The common man must have a voice. The business community must be protected from legal uncertainty and intimidation. Justice must be impartial, accessible, and respected by all. To our judges, legal luminaries, senior advocates, and lawyers: this is your moment. Rise, defend the rule of law, take back your country! A new Nigeria is POssible.”
Not even Lamine Yamal’s second half introduction could help Spain break through the defence of debutants, Cape Verde, in their first ever meeting, as the ongoing World Cup event produced another one of the stunning results on Monday.
Yamal, the Barcelona superstar just recovering from a near two-month hamstring injury, was brought into the game in the second half to zest up the one-time world champion, but failed to break down the Cape Verde’s dogged defence.
Spain’s in the game played in Atlanta, one of the cities hosting the three-nation Mundial, displayed the same dismal outing, which saw them offering far less than the quality, which saw them lifting the trophy for the first time in 2010.
The European champions, which have not won a knockout game ever since, failed to dominate the African side, replicating their less than impressing outings and their eventual exit in 2018 and 2022 editions, even with the claims of coach Luis de la Fuente that the squad was the best in the competition, Spain were considered among the pre-tournament.
Neither Yamal nor Nico Williams, who also was hit by an injury-disrupted season at Athletic Bilbao and was not introduced until the 87th minute, were able to rise to the occasion against the 500,000 people African side, ranked 67 in the world, which is making their debut on the global stage.
In stark contrast to the searing temperatures faced by some other sides, Atlanta’s state-of-the-art air conditioned stadium meant there was no excuses for the slow tempo of Spain’s build-up.
Indeed the mid-half hydration break was met by boos with fans frustrated at the break in play despite the cool conditions.
The only serious move from the European champions only came at the sixth minute to half-time, when Marc Cucurella, fresh for sealing his move from Chelsea to Real Madrid, sent over a teasing cross that Ferran Torres turned onto the crossbar and Cabo Verde goalkeeper Vozinha got back on his feet to turn Mikel Oyarzabal’s looping header over the bar.
Even after the break, the Blue Sharks, were also able to hold back from the onslaught as they did in the first half, where Vozinho, managed to make another superlative save against Aymeric Laporte’s header just before half-time.
Despite the excitement from the crowd after he was introduced, Yamal, billed as one of the stars of the tournament, failed to create any magic with his first touch being the set-up of a decent opening for fellow substitute Mikel Merino which was too close to Vozinha.
In fact, Cabo Verde billed to take on Uruguay in Miami, nearly snatched a famous victory in the final minute of the 90 when Dani Borges planted a header too close to Unai Simon, who saved the occasion, to prevent the former world champions, billed to face Saudi Arabia in Atlanta on Sunday from humiliation.
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