By Sylvester Udemezue
Reacting to an earlier report under the title, “ADAMAWA SENATOR SACKED BY APPEAL COURT BLAMES AKPABIO, SAYS ORJI KALU, THREE OTHERS NEXT” (17/10/2023; https://www.premiumtimesng.com/news/top-news/634399-adamawa-senator-sacked-by-appeal-court-blames-akpabio-says-orji-kalu-three-others-next.html ), my elder brother and senior learned friend, Mr Monday Ubani, PhD (Special Adviser to Senator Godswill Akpabio, President, Senate of the Federal Republic of Nigeria) wrote on 17 October 2023:
“It is with utter shock that I read the…allegations of Senator Elisha Abbo representing Adamawa North Senatorial District in Adamawa State against the Senate President, His Excellency Godswill Akpabio CON…he was said to have blamed the Senate President for his sack by the Court of Appeal, Abuja. He further alleged…that other senators who like him did not vote for the Senate President are pencilled down for sack by His Excellency Godswill Akpabio using the judiciary. It is surprising that a Senator of the Federal Republic of Nigeria does not understand the elementary workings of the three arms of government under democracy. The Legislature which Senator Elisha Abbo was a member should not and does not interfere with judicial decisions over cases they handle….” See: “THE PRESIDENT OF THE SENATE DOES NOT INTERFERE WITH JUDICIAL DECISIONS IN NIGERIA” (17/10/2023); <https://triplenet.com.ng/lawparliament/law_body.php?_THE_PRESIDENT_OF_THE_SENATE_DOES_NOT_INTERFERE_WITH_JUDICIAL_DECISIONS_IN_NIGERIA!&myId=4575&myView=0>)
QUESTIONS FOR MONDAY UBANI:
Dear sir, are you not aware of these scenarios?
“MY WIFE USED HER POSITION AS APPEAL COURT PRESIDENT TO FAVOUR POLITICIANS: SENATOR BULKACHUWA”. JUNE 12, 2023 <https://gazettengr.com/my-wife-used-her-position-as-appeal-court-president-to-favour-politicians-senator-bulkachuwa/>. According to the news report, “Senator Bulkachuwa’s comment [made on the floor of the Senate] strengthens longstanding suspicion of connivance between Nigerian judges and politicians”
“I INFLUENCED WIFE TO DELIVER JUDGEMENTS IN MY COLLEAGUES’ FAVOUR” — SEN. BULKACHUWA
“ELECTION PETITIONS: APPEAL COURT TRANSFERS CASES TO ABUJA, LAGOS” 16/10/2023. <https://leadership.ng/election-petitions-appeal-court-transfers-cases-to-abuja-lagos/>. The report has it that _”In a bid to curtail political interference in the dispensation of justice, the president of the Court of Appeal, Justice Monica Dongban-Mensem, has transferred all election petition cases pending before the court in the 36 states to Abuja and Lagos divisions of the appellate court”
“JUDICIARY TOPS ICPC CORRUPTION INDEX WITH N9.4BN BRIBES IN TWO YEARS” https://www.thecable.ng/judiciary-tops-icpc-corruption-index-with-n9-4bn-bribes-in-two-years
“ICPC CHAIR, SANS SLAM JUDICIARY FOR ENABLING CORRUPTION” 25 August 2022 https://thenationonlineng.net/icpc-chair-sans-slam-judiciary-for-enabling-corruption/>
6️⃣. A 31 October 2022 news report under the title, “2023: STOP INTERFERING IN JUDICIARY, CJN WARNS POLITICIANS” had it that _”THE newly sworn-in Chief Justice of Nigeria, CJN, Olukayode Ariwoola, weekend, warned politicians to stop interfering in the functions of the judiciary as the 2023 elections approach, saying ‘Let the politicians leave the judiciary alone for us to function'”. see: <https://www.google.com/amp/s/www.vanguardngr.com/2022/10/2023-stop-interfering-in-judiciary-cjn-warns-politicians/amp/>
“APC ACCUSES COURT OF APPEAL PANEL OF BEING COMPROMISED” (16/10/2023; <https://www.google.com/amp/s/guardian.ng/news/apc-accuses-court-of-appeal-panel-of-being-compromised/amp>
9️⃣. To name but a few.
🅱. . In view of the above, dear Mr Monday Ubani, PhD, sir,
(I) Do you agree you may not be accurate in your declaration that “The Legislature…does not interfere with judicial decisions over cases they handle”?
(II) Do you think that we should just dismiss Senator Elisha Abbo’s allegation with a wave of hand? Shouldn’t the Senator’s allegation be independently investigated to ascertain the truth in this instance?
FURTHER READING ON MAJOR CHALLENGES OF JUSTICE DELIVERY IN NIGERIA
“2.5: Weak and Subservient Judiciary Leadership: Following insinuations that the Nigerian judiciary, including the Supreme Court, may have been cowed by the executive arm of government, the Chief Justice of Nigeria had, in a speech on the state of the judiciary delivered during the special session of the Supreme Court marking the 2019/2020 legal year, said that although he may have assumed office as CJN, “after the unfortunate events that shook the Nigerian judiciary to its foundation”. He continued:
The Nigerian judiciary, to a large extent, is independent in conducting its affairs and taking decisions on matters before it without any extraneous influence. At the Supreme Court, like I have always said, we are totally independent in the way we conduct our affairs, especially judgments. We don’t pander to anybody’s whims and caprices. If there is any deity to be feared, it is the Almighty God. We will never be subservient to anybody, no matter his position in the society.
However, while appealing to governments at all levels to “free the judiciary from the financial bondage it has been subjected to over the years”, the CJN however admitted that the judiciary cannot enjoy or know true independence if it has to go cap in hand, asking for funds to run its office, as the current situation portrays, when he queried thus: “It is like saying a cow is free to graze about in the meadow but at the same time, tying it firmly to a tree. Where is the freedom?”. With due respect to His Lordship the Hon CJN, his was admission that the judiciary in Nigeria is not yet independent. There is a saying that he who pays the piper dictates his tunes. If the judiciary was independent, why was JUSUN Strike declared in 2021, to press for Financial Autonomy for the judiciary? Judges are said to be independent when they are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that your case will be decided according to the law and the facts and not a shifting political climate. Existence of a judicial system that is independent, impartial, efficient, and reliable requires a strict compliance with objective criteria for the appointment and removal of judges and other judicial officers at all levels, adequate remuneration, security of tenure, and independence from both the executive and legislative arms of government both in direct and indirect terms.”
“2.6: INTERFERENCE BY POLITICAL LEADERS: This is another impediment to judicial independence. Recently, the CJN pleaded with Nigerian leaders and politicians to to stop mounting pressure on the judicial arm of government in the country. He submitted that politicians in Nigeria should allow the judiciary to function, promising that “we shall continue to do justice if only Nigerians will allow us to perform and function without any pressure”. This is veiled reference to the persistent interference by politicians in the affairs of the judiciary in Nigeria. This is one of the ills stakeholders in the legal profession in Nigeria have been battling for decades. Ozekhome holds the view that the justice system in any society and its effectiveness reflect the actual confidence the public has, and outlays the extent to which the State and authorities are able to achieve regulative capability among the citizens. According to him, Nigeria as a State is trapped in a system where both the common man and the State authorities do not have confidence in the Judiciary. A nation without an independent Judiciary, is not likely to enjoy either the rule of law or true Federalism.”
“2.10: Bribery and Corruption: An independent judiciary and clean law enforcement are central to democracy and rule of law. Corruption in the judicial system breaks the basic principle of equality before the law and deprives people of their right to a fair trial. In a corrupt judicial system, money and influence may decide which cases are prioritized or dismissed. Corruption is generally defined as the abuse of public office for private gain. In Nigeria, as observed by Nwosu, the practice of corruption is prevalent at the federal, state, and local government levels as well as some other decentralized centres of power and authority in addition to the private sector. According to the learned author, the scope of corruption has widened, its definition and meaning has equally been enlarged to cover the abuse of all offices of trust for private gain. It is basically the illegitimate use of public power or position to benefit a private interest. Nwosu tries to state a part of the problem:
… patently corrupt and incapable persons are routinely appointed into the superior courts as a result of which they have caused significant damage to the dignity and image of the judiciary. Consequently, the media has been awash with news of arrests and Prosecution of judges accused of corruption and receiving of bribes and other favours specially in the course of adjudication of high profile cases such as election petitions, corruption cases, and the trial of other high profile and especially politically exposed litigants, etc”. ◾Source: ‘SNAIL-PACED JUSTICE DISPENSATION IN NIGERIAN COURTS: FACTORS AND ACTORS’ By Sylvester C. Udemezue, in U.D. Ikoni, T.F. Yerima, and P.H. Faga (eds), Judicial Autonomy, Administration of Justice and Contemporary Trends in Development of Legal Profession In Nigeria: Essays In Honour of His Lordship, Hon Justice S.O Itodo (1st, Wisdom Books & Publishing, Makurdi, Nigeria 2023) 511-530. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4314970> or <https://www.semanticscholar.org/paper/Snail-Paced-Justice-Dispensation-In-Nigerian-and-Udemezue/79af837510d44e205453c28ef34022b6ad0cbb62>
Respectfully, Sylvester Udemezue (udems), Proctor, Reality Ministry of Justice (RMJ). 08109024556. therealistministry@gmail.com. (17/10/2023)
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