By Zik Gbemre
It is sad that despite its pivotal role in the fight against corruption and the adjudication of justice across all issues affecting everyone in the country, the Nigerian Judiciary has over the years, been bastardized within its different levels with corruption of varying degrees. This has made its judicial judgments and pronouncements questionable and lacking integrity/reliability. In fact, some of the key players in the Nigerian Judiciary (lawyers and Judges), have reduced the nation’s legal system to nothing with the sort of conflicting, confusing, and unjustifiable judgements they render.
Specifically, the High Court Judges and Appeal Court Judges have become so blinded that they even dabble into matters that have been decided and concluded by the Supreme Court, which is the highest Court in the land. The corrupt and compromising tendencies of the Nigerian Judiciary have brought and encouraged ‘lawlessness’ in the country. That is why we see people today who disobey the law with reckless abandon and impunity because they believe they can ‘purchase court judgements’ in their favour whenever they are being prosecuted by the law enforcement agencies. In fact, the fragile nature of the Nigerian Democracy is caused by/traceable to the corrupt and compromising tendencies of the Nigerian Judiciary.
The status of Judges within a democratic system is sacrosanct because they are given the mandate to preside over dispensation of justice. If we look at the judicial oath when they appoint somebody to the bench, he swears to do justice to all manner of persons without fears, affection or ill-will. They even have the power to sentence persons to death. They are like ‘thin-gods’ on earth, and as such, some of them have become ‘uncontrollable’. If we look at the architecture of the courtroom, the Judge’s position is higher than that of every other person in the court. They are selected persons. But when they fall short of expectations of their high office, they should not be spared at all. They should be made to drink the hemlock. Face the music or burnt at the stake. It is as simple as that. Corruption is pervasive in Nigeria and it affects all facets of human endeavour. So, in the case of Judges, if they are found to have committed acts of malfeasance or acts unbecoming of their high office, we burn them at the stakes.
The status of the Judiciary within a democratic system is sacrosanct because they are given the mandate to preside over the interpretation, adjudication and dispensation of justice. As such, we cannot afford to have so many instances that suggest the sort of flawed judgments that were obviously borne out of a corrupt disposition amongst Nigerian Judges and within the Judiciary.
When Court judgements are seen to be given with a any trace of compromise, even the Government and its principles officials may find it difficult to obey such court judgments of this nature. We are not referring to Court judgements that are apparently disobeyed by Government officials, we are referring to Court Judgements that are laden with bias, compromise and at best, considered unreasonable. For instance, can a person obey a Court judgement that stops that person from eating food in his/her house? That is the level where most Court judgments in Nigeria have degenerated to – where even the law enforcement agents and the Government will find it difficult to obey. Obeying such Court judgments is tantamount to demanding that one should stop breathing. Some of these judgements are so unreasonable, as they do not have any element of integrity in them.
Before 1999, they said Nigerian Judges were poorly paid and catered for, hence they are seen to be corrupt, even though that was not a justifiable excuse for that line of behavior. But even when they are well taken care of, and paid well, and given good vehicles and residential quarters to stay, they have become worst. “My LORD and my WORSHIP” have made them to think they can sit on their high chairs and write whatever rubbish judgments and irresponsible Orders that must be obeyed by the parties concerned. Though, I was not a party to the case, I had to write to the Supreme Court of Nigeria through the Office of the Chief Justice of Nigeria on this issue, to warn the Judiciary of giving judgements/order that will create economic crises. How can they blame the relevant Government authorities and corporation organisations for not obeying frivolous Court orders/judgements? Court judgements/orders should not be given for giving sake, and not to create severe conflicts and crises in the host communities and the entire nation.
This was how some years ago, precisely in November 2005, a Federal High Court in Benin gave a Court Order restraining Shell (SPDC) from flaring gas in their operations, and we had to write to the Supreme Court of Nigeria then advising against having such dangerous judgment which has a lot of ECONOMIC IMPLICATIONS. This was because, if Shell (SPDC) were to obey that Court Order, it automatically meant then that they would stop the production of oil and gas because the facilities were designed to flare gas in the process of production. That means there would not have been the production of oil and gas, which will obviously affect the Nigerian economy, as it will crash because the economy depends more on oil and gas production. If Shell (SPDC) should stop gas flaring with immediate effect and obey the baseless/frivolous Court order, then all the gas power stations, including Egbin power Station, Delta power stations, Ogorode power station, e.t.c, would have been shut down, which would have led to blackout in the entire country. The said Judge that gave that Court Order ought to have given Shell (SPDC) some time frame for them to design new modern facilities with the high required technology that can carry out production without flaring gas. That is the situation with most Nigerian Judges who just sit in their Chambers/Court rooms and dish out Court Judgments as they please without appropriate research and findings.
Court Judgements should not create political instability or national crises. Even the said Benin Federal High Court judgement then restraining Shell (SPDC) from flaring gas with immediate effect, could have brought about economic hardship across the country that even the so-called Judge that made the judgement will not get paid because the Federal, State and Local Governments and the entire economy depend more on the production of oil and gas to survive. The adherence to such a judgment would mean that there will not be oil and gas production because the existing Shell (SPDC) oil and gas facilities were designed to flare gas, and it will take years to build new facilities with the right technology to stop gas flare, which is what the President Muhammadu Buhari-led Government is presently trying to achieve with its Nigerian Gas Flare Commercialization Programme (NGFCP).
The Nigerian judiciary as it stands at the moment, is a cause for alarm, and something must be done immediately to cleanse and overhaul the entire Judiciary before it is too late. The Nigerian society is afflicted with crimes of all kinds and yet their Court Injunctions and Court Orders/Judgements will not allow the Nigerian Police to fight crime the way they ought to. This is because some of these Judges deliver unpopular Court Judgements to free known suspected criminals, and they also go to prisons to free more hardened criminals. Thereby endangering the society, the more. We shout and complain everyday that the Nigerian Police is not working, but when they work, they are stopped by the law Courts. With such situations all around us, are the Nigerian Courts actually helping the society or killing it?
It is also appalling to note how some of these Nigerian lawyers and Judges become ‘excited’ during any election year. Their excitements are borne out of the fact that they see the general election period as their ‘FESTIVAL PERIOD’ of making it big with election tribunal cases and other election-related cases across different parts of the country and across different levels of government. Their excitement is also extended across ‘HIGH PROFILE’ cases that pops up every now and then. These Nigerian lawyers and Judges see these as opportunities to ‘hammer’!
There are so many instances that suggests the sort of flawed judgements that were obviously borne out of a corrupt disposition amongst Nigerian Judges. A very good example was that of former Delta State governor, James Ibori. First, it was Ibori’s controversial 1995 revisited ‘Ex-convict case’ and then later the Ibori’s famous ‘guilty plea’ in South Wark Crown Court, UK, over corruption changes; all of which clearly shows that something is intricately wrong with our judicial process. All thanks to the London Metropolitan Police and the UK Crown Court, that ensured Ibori got what he deserves in terms of prison sentence and conviction. Ibori was cleared of all the corruption charges brought against him by the EFCC, by the Nigerian Judiciary, and he was set free. But during his trial in the UK, he pleaded guilty for the same similar charges. Is that not enough to declare that the Nigerian Judiciary is failing.
At a time, the Ibori ex-convict case was an issue of hot discussion. As it was decided by the highest Court of the land – that Ibori was sentenced but not convicted. But a person can only be sentenced for an offence when found guilty, that automatically makes that person a convicted fellow. A man that is sentenced for an offence, is obviously guilty of that offence. But in Nigeria, if a person is not sentenced for an offence, it means he/she does not commit any crime. But if he/she is found guilty and sentenced, it means the person is guilty of the offence. It will be difficult for law enforcement agencies and relevant government authorities to obey irresponsible and conflicting judgments that do not have any element of integrity. The Nigerian Judiciary is a national shame. Court Judgments have been watered down and they lack merit. In the 60s, 70s, 80s and early 90s, Nigerian Judges and lawyers were well-respected within and outside the country. but today, all of that is history, as no one has any regard for them and their irresponsible Court Orders, Injunctions, and Judgements.
The truth is that, in the Nigerian Judiciary, an emergency should be declared because what is going on there is not normal. If this government really wants to fight corruption, the gateway to that battle is the judiciary because the President cannot fight corruption. It is an established fact that any democratic government that really wants to fight corruption, the gateway to that battle is through the Judiciary. In other words, no matter how powerful, resilient and determined a President can be, there is little or nothing he or she can do physically or otherwise do to enforce its resolve to fight corruption in a democratic setting. The hammer that nails the coffin in the fight against corruption is the Judiciary because it is the arm of government that interprets, upholds, enforces, implements, adjudicates, and executes the Rule of Law and every other law that governs the society. So, where the Judiciary has/is not living up to its expectations, not much can be achieved in the fight against corruption no matter the resolve of the President to achieve success in this area.
What is even worse is the fact if for instance; Nigerian Judges, especially those allotted to hear Election Tribunal cases are alleged or found to be corrupt, it will be their colleagues in the same legal profession that will have to try them in Law Courts. This makes it difficult for such cases to be given the adequate attention without any favoritism and compromise. That is why today, we have in our hands many Judges that are handling Election Tribunal cases who have allegations of graft hanging on their neck but they cannot be fully and properly tried in a Law Court because they are made to face the same colleagues as Judges in Courts. Again, call it: “who will judge the judges,” just the same way we often ask who will police the police. That is the predicament we believe will not allow the integrity of the Nigerian Judiciary to stand on higher grounds.
Therefore, there should be some other credible ways to go about the task of restoring integrity and credibility to the Nigerian Judiciary, especially as regards the integrity of our Judges, most of whom are no longer respected across the world. Hence, our call that erring Judges should not be tried by the same lawyers and Judges whom are members of the Nigerian Judicial Council (NJC), and headed by the Chief Justice of Nigeria (CJN). In fact, a constitutional amendment is required for the re-composition of the NJC for it to be alive to its responsibility once again. And two, an OMBUDSPANEL of credible personalities (not politicians) is desirable, to dig into the rot in the judiciary. Or they can even have Committees that are set up to primarily hear cases of erring Judges. And the Committees should be comprised of men/women of honour and proven-integrity.
Zik Gbemre.
National Coordinator
Niger Delta Peace Coalition (NDPC)
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