Chinwe, a widow based in Onitsha, is bequeathed a piece of land by her late husband only for a powerful and influential man to confiscates it. The poor widow goes to court but could only afford a low-rate lawyer, the type that society derisively refer as charge and bail lawyer, while the big man hires a powerful lawyer – perhaps in the rank of a Senior Advocate of Nigeria (SAN). At the end of the day, using his superiority of the knowledge of law and perhaps his influence, he gets the court to endorse the act of seizure.

What is that called? Would it be right to state that justice has been done because the court has said so? Does it mean that the said widow was never the owner of that piece of land or no longer the owner because her case was thrown out? What would be the interpretation of the bystanders watching the development. Would they copy the widow by approaching the court or choosing other extra-judicial means, such as the native doctor for remedy?

What about Jegede, the trader at Oshodi market in Lagos, who after a hangout with friends at a joint is double-crossed by a police van and whisked away as he is returning home, only to be charged the next day for armed robbery because he could not afford the N100,000 demanded of him as bribe for his freedom?

What happens after spending 10 years at Kirikiri Prison as Awaiting Trial Mate (ATM) and he regains freedom? What could be the subject of his conversation with other inmates regarding the idea of justice? What hope is for him to get some redress and move on with his life? Who is to blame in the entire process?

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If Adamu, the politician wins the election to represent his Jema’a/Sanga constituency at the Kaduna State House of Assembly and the mandate is taken away from him because the political forces in the state deny him the opportunity with the endorsement of the courts, where does that leave the people who had thought that through the judicial process, justice would be done, but were disappointed?

These were the questions that must have agitated the minds of participants as they settled for the day’s business on Friday, November 29, at The Gallery, Lagos Chamber of Commerce and Industry (LCCI), Alausa, venue of the 2024 edition of The Gavel International Annual Conference, a yearly event where stakeholders dissect relevant legal issues affecting the polity.

It was an outing that showcased some of the most informed, influential and dedicated legal minds in the country, both in public and private practice, as they fielded their thoughts to a grand audience comprising journalists from different platforms, professionals from all fields and members of the public, who had converged on the venue.

Lateef Fagbemi (SAN), Attorney-General of the Federation and Minister of Justice (AGF-MoJ), opened the discourse as the Keynote Speaker, alongside Dele Adesina (SAN), the Guest Lecturer, at the event hosted by Mustapha Kunle Ogunsaki, veteran journalist and Publisher of Gavel International, a leading online medium with special interest on the judiciary, with Gbenga Oyebodea a prominent lawyer as the Chairman, and Julius Adelusi-Adeluyi, former Minister of Health was father of the day.

In tow were also Lawal Pedro (SAN), Lagos State Attorney-General and Commissioner of Justice, Mr Lawal Pedro (SAN), Gbenga Omotoso, his Information counterpart, Kazeem Alogba, Acting Chief-Registrar, Tajudeen Elias, Anthony George-Ikoli (SAN), former Attorney General and Commissioner for Justice, Bayelsa State, Layi Babatunde (SAN), Femi Falana (SAN), foremost human rights activist, Maureen Chigbo, President, Guild of Online Publishers (GOCOP), and Mr Eze Anaba, President, Nigerian Guild of Editors (NGE).

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Others include Hope Eghagha of University of Lagos, Mustapha Sulaiman, Executive Director, NASCO Town Free Trade Zone, Yemi Olayinka of University of Lagos, Afolabi Ajayi of Ministry of Foreign Affairs, Bashorun Tope Alabi, Kayode Filani, Alex Ademola-Bankole, Chairman, Dixambra Group, Kunle Ajibade, Executive Director, TheNews group, Ayo Aminu, Managing Director, New Telegraph Newspapers, Mojeed Jamiu, Sunny Igboanugo, Publisher of Whirlwindnews.com.ng, Kayode Ogunbunmi, Olukayode Oyeleye, Richard Akinnola, Joke Layi-Babatunde, Asabe Waziri, Gbenga Ogunsakin, and a host of other dignitaries.

In issue was the true meaning and correct interpretation of the subject at the heart of the Nigerian justice system with regards to the oft-touted mantra – The Judiciary as the Last Hope of the Common Man Media and Legal Perspective. How true did this fit, given the Nigerian perspective given the clear depiction of justice by the late Chukwudifu Oputa, Justice of the Supreme Court (JSC), as he then was, as a three-way traffic – justice to the accused, to the accuser and the society..

Fagbemi, represented by Olukayode Olatoke, in advancing the theme, maintained that it was one in which both the legal profession and the media had a shared role to promote by holding the judiciary and government accountable, stated: “Media should keep educating the public on their rights and amplifying the voices of the oppressed. Media must ensure that the scale of justice remains balanced and ensure adequate reportage of positive news.

“Regardless of the need to publicise sensational news, we must always remember that we are first of all, Nigerians. It must be conceded that the media is a powerful tool, as it informs, educates and entertains, but when misused, it can harm our nation’s cohesion, stability, and progress. The power of the media be used to address issues constructively.

Stressing that the judiciary remained the pillar of democracy and its strength being a measure of the commitment to justice and equality, he said the media on the other hand, should adopt ethical journalism standards, balance their reports and avoid clickbait headlines, hee also said there was a need for the media to invest in fact-checking, promote constructive content and engage in capacity building.

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“While much has been achieved, there is still work to be done and together with the judiciary, the executive, the media and the citizens, we can build a Nigeria where every individual, regardless of status or station, can find justice, hope, and dignity. The media has the power to disrupt or to unite. Let us urge our journalists and media organisations to rise to the occasion, fostering dialogue, promoting understanding, and building a stronger, more unified Nigeria.”

Adesina, a member of the Body of Benchers, who submitted that the judiciary was the last hope of not only the common man, but that of the uncommon, big and small, old and young, educated or illiterate, rich or poor as well as government and the governed, also said for every single case where justice appeared not to have been served, there were thousands of cases where justice have not only been done but have seen to be done.

The former Pro-Chancellor and Chairman Governing Council, Ekiti State University, while condemning violent attacks on the judges and justices of the courts, stating that the sustained blackmailing of the entire judicial system at the moment was not only wrong, but totally unhelpful to Nigeria as a country and even the citizens.

Hear him: “Please understand very well that I do not oppose constructive criticism of the judiciary, nor do I oppose clear and honest appraisal of the judiciary but the criticism of the nature and the kind we are hearing and reading about particularly in recent times are destructive and this will not help our justice system.

“It is my belief that we need to commit to self-examination that will culminate in self-realisation of our ultimate destination. With regards to the media and the judiciary, the golden rule of practice I submit is that the media must not make any comment which will tend to prejudice a fair trial. The media would do a greater service to Judiciary by promoting quality analysis of courts’ judgments.

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“This can be done through lectures of this nature, analysis by informed men and women or through the publication of journals. I submit that the media must not make any comment which will tend to prejudice a fair trial. This is without prejudice to their duty to hold the government accountable.”

Ogunsakin, who in his welcome address, identified the judiciary and the media, as the two professions that could restore the hope of the common man, having been saddled with direct constitutional roles in the justice system, stressed the role of the legal profession was statutory, the media had the responsibility to represent the people by covering and reporting court proceedings, except those that had grievous implications on national security or cases involving minors.

Arguing that a country without justice would descend into chaos and anarchy, Ogunsakin, who stressed the need for the optimal recognition of the roles the two professionals played in this regard by those in authority, particularly advocated for inclusivity and transparency in the justice, suggesting for instance the process should include video recording of court proceedings where the constitution permits.”

The communique issued at the end of the lecture, which urged both media and legal professions to work together in restoring the dignity, independence, and equality before the law, the key roles of the judiciary in a society, also raised salient points about the judiciary that must be addressed. They include the following:

• The media must take seriously its duty to faithfully report the judiciary to inform the ordinary citizen about the importance of the Judiciary to the survival of any society, while members of the Bench and the Bar must bring about better implementation of the tenets of the law and uphold the dictum that ‘nobody is above the law’.
• Presently, trust in the judiciary is eroded to the extent that many believe there are two sets of laws in Nigeria – one for the rich and another for the poor and the upgrade in condition of service and introduction of new technologies to the courtrooms have not led to efficient dispense of justice
• We are in a situation where it is more important to know the judge than to know the law. The media has a symbiotic relationship with the judiciary, by highlighting its successes and failures for better outcomes
• The court of justice could be prohibitive for most Nigerians and even where free legal service is available, it might be easily accessible or of high quality. Judges are unable to defend themselves and are often at the mercy of unscrupulous lawyers and their clients
• Because Justice is rooted in public confidence, the conduct of some judges – especially in cases affecting politically exposed persons – is enough for people to have a negative opinion of the Bench. According to a recent poll, over 80 per cent of Nigerians consider corruption to be prevalent in the judiciary.
• Political cases have exposed the rot in the judiciary to Nigerians and most have no trust in the institution. Nigerians can still get justice, but it is not quick and takes determination and grit to get.  Judges are often overwhelmed by too many cases and poor preparedness by prosecutors and solicitors
• There are modern technologies that could make life easier for judges, but they are not embracing these technologies. Lawyers complicate matters before the courts and do not like to see timely resolution of cases. There are courageous and upright judges, but the antics of the bad eggs tend to spoil the reputation of the institution

Participants therefore recommended the following:

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Judicial workers must restore the dignity of the Judiciary as the last hope of the common man else anarchy would continue to reign and that the media must continue to hold the judiciary accountable and make it clean up its acts, as well as establish that judicial decisions are transparent to ensure justice is not only done, but is seen to have been done

Media should avoid undue sensationalism of cases and stop incidents of trial by media, which might be prejudicial and force judges to compromise on their decisions, access to justice should be a right and not a privilege, while lawyers and the leadership of the Bar must be proactive in rising to defend the honour of judges when under attack unfairly.

Stakeholders should support a bill presently before the Lagos State House of Assembly whose passage would ensure that no civil case lasts more than 12 months, while Magistrates should fulfill part of their duties of office through routine visits to detention centres because they have the power to release anyone deemed to be unfairly locked up.

There is need not only to bring back the cadre of activist judges that brought so much respect to the institution during the era of the military, but for financial autonomy for the judiciary. When courts could not determine how it would meet its own needs, it would have to go cap in hand to the Executive for support and this limits its independence.

In conclusion, participants thanked the management of Gavel International for putting this high-level Annual Lecture together, especially as the country battles with a rising lack of trust in the judiciary and needs to find ways to restore this to avoid a descent to the rule of the mob.

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