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Judiciary, last hope of the ‘Nigerian common man’ *Many questions yet!
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?
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).
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.
“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.
“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:
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.
“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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