A retired Justice of the Federal High Court, Justice Taiwo O. Taiwo, sheds light on Nigeria’s persistent human rights challenges, the judiciary’s role, and the need for systemic reforms to uphold justice and fairness.
Hon. Justice Taiwo expressed concern over the prevailing human rights abuses in Nigeria, emphasizing that despite a semblance of freedom, true liberty remains elusive. He attributed this to the lack of respect for the rule of law, describing it as the foundation for human rights protection. According to him, “If there’s no rule of law, you cannot say that there is a level playing field as far as human rights is concerned.”
On the judiciary’s efforts to safeguard human rights, Justice Taiwo commended its attempts but criticized delays in bail applications, which he described as unjustifiable.
He asserted that no offence should be considered non-bailable and urged judicial officers to expedite decisions on bail motions. “When you deny bail at the first instance, you are denying the rights of the accused person before you,” he stated.
In a controversial comparison, Justice Taiwo remarked that human rights were, in some cases, better respected under military regimes than in Nigeria’s current democracy. He argued that while military regimes operated with clear authoritarian structures, today’s democracy is marred by unchecked abuses and non-compliance with court orders.
Justice Taiwo also called for the abolition of criminal libel, stating that it should remain a civil matter. He criticized the misuse of libel laws, especially against journalists and activists, warning that criminalizing libel risks creating a dictatorial environment.
The retired justice supported the proposed separation of the Attorney General and Minister of Justice roles. He noted that many attorneys general act as political appendages rather than impartial defenders of justice. Justice Taiwo emphasized that the Attorney General’s primary allegiance should be to the Constitution and the public, not political parties.
Addressing the recent increase in judicial salaries, Justice Taiwo expressed gratitude but highlighted the exclusion of retired judges from the adjustment. He lamented the inadequate pensions received by retired judges and urged the government to address the disparity. He also stressed the need for improved court infrastructure, modern tools, and adequate health insurance for judicial officers.
Hon. Justice Taiwo concluded with a call for holistic judicial reforms, advocating for better welfare, modernized courtrooms, and a commitment to the rule of law. He expressed hope that ongoing efforts by the National Judicial Council (NJC) would address the concerns of both serving and retired judges.
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