That the judiciary is the last hope of the common man is not in doubt. In this piece, KEHINDE OSASONA looks at the arguments that the judiciary institution has served as defender and holder of Nigeria’s nascent democratic rule.
Matters arising
Without hesitation, it would not be out of place to attribute the developmental strides and democratic progress made by the country since inception partly to the judiciary because of its timely adjudication on matters, especially in critical periods.
Not only that, eminent and experienced jurists had always shown the way anytime there seems to be any logjam. In the same vein, the capacity of judges and judicial officers has been built over the years in order to strengthen them ahead of the tasks ahead.
In readiness for more of what had shaped the polity in the past, legal stakeholders again met in Abuja on the occasion of the special court session to mark the commencement of the federal high court legal year 2019/2020.
Stakeholders’ stance
At the programme, the Chief Justice of Nigeria (CJN) Tanko Muhammad tasked the judges to redouble their efforts towards quickening the dispensation of justice in the country.
While speaking about his administration ‘s readiness to cooperate with legislature and the executive, the acting chief justice, Hon Justice John Tsoho, assured that his court is working towards the entrenchment of constitutionalism as the paramount court of first instance in the federal judiciary.
The acting chief judge reminded all stakeholders that the jurisdiction of the court as contained in the principal Act as well as the amendments thereto are of common knowledge to all practitioners.
He said, “ However, it is important to bring to the notice of all practitioners that the federal high court has now released her amended federal high court (Civil Procedure) rules 2019 which came into force in May 2019.
He continued, “The new rules contain certain innovations to meet with the dynamism in law and to bring the court at par with other courts in the developed world.
“Some of these include affidavit of non-multiplicity of actions (Order 3 Rule 9 (2) (d); a reinforced interpretation of the territorial jurisdiction of the federal high court such that no leave is required for service of process anywhere within the federation (Order 5 Rule 31).”
Tsoho also highlighted the status of litigation before his court, saying that from the reports received, about 116,623 cases are pending in the federal high court.
Lamenting the dearth of judges in the courts, Tsoho noted that the judges have been over-burden with work in the last legal year. As a result, he said; “16,144 cases were filed in this quarter alone in which 12,692 have been disposed off.”
The question of judiciary’s independence
Giving an insight into the annual tradition, the president of Nigerian Bar Association (NBA), Mr Paul Usoro, said opening of legal year often open opportunity for introspection for the Bar and Bench to ruminate on national issues particularly those that affect the justice sector.
Topping the list is the need to promote and protect the rule of law in all its ramifications.
Usoro particularly took a swipe at the executive arm of government and its agencies, alleging that they are unceasingly critical of the judiciary and its decision particularly in matters that that the government and its agencies may be interested in.
He noted that society can only survive if it has independent-minded judges.
“It is not unusual these days to hear high officials of government talk down on the judiciary ridiculously and also ill-advisedly dump all the ills of society on the judiciary.
“Decision by your Lordships are sometimes brazenly denigrated and attributed to ulterior motives. Society is diminished when judges are robbed of their independent minds and thought processes and the confidence of the ordinary person in the judiciary is thereby diminished, if not destroyed. Self-help and anarchy ultimately become the available remedy,” he observed further.
Tie-back
Baring his minds on the lack of independent judiciary in the country, the UN independent special rapporteur on the independence of judges and lawyers, Diego Garcia-Sayán, noted in his statement in 2018 shortly before the general elections that; “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence,” he said. “Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court.”
According to Mr. Garcia-Sayán, the decision to replace Chief Justice Onnoghen with Ibrahim Tanko Mohammad was taken by Nigeria’s president, Muhammadu Buhari, who insisted he had acted in compliance with an order issued by a tribunal to decide on alleged breaches of the code of conduct for public officials.
This according to –Garcia Sayan was despite the fact that four other courts with higher jurisdiction, had already ordered that proceedings be halted. The UN expert outlined listing the Court of Appeal, the National Industrial Court and the two
Federal High Courts.
On the issue of intimidation of defence lawyers and judges involved in the decision to remove Justice Onnoghen, Mr. Garcia-Sayán lamented that one of the senior advocates defending him was equally arrested.
He added; “Others had been subjected to serious threats, pressures and interferences,” he warned, adding that such allegations may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession.
“Lawyers play an essential role in securing access to justice and should never suffer or be threatened with prosecution or other sanctions for action taken in accordance with their recognised professional duties, standards and ethics,” Mr. García-Sayán said.
Going forward
Meanwhile, NBA has encouraged the Bench and Bar to speak out at critical moment or in the face of danger.
It assured that the Bench can and should always count on the Bar to defend and protect the rule of law, a component of which is the independent of the judiciary, saying that it is their sworn duty to so do.
FEATURE
———- Forwarded message ———
From: Sunny Idachaba<[email protected]>
Date: Mon, Oct 7, 2019 at 10:33 AM
Subject: Feature
To: Chinenye Akwaja <[email protected]>
Cc: Ikenna Okonkwo <[email protected]>
Pls use the CJN pic
Judiciary as stronghold of nation’s democracy
That the judiciary is the last hope of the common man is not in doubt. In this piece, KEHINDE OSASONA looks at the arguments that the judiciary institution has served as defender and holder of Nigeria’s nascent democratic rule.
Matters arising
Without hesitation, it would not be out of place to attribute the developmental strides and democratic progress made by the country since inception partly to the judiciary because of its timely adjudication on matters, especially in critical periods.
Not only that, eminent and experienced jurists had always shown the way anytime there seems to be any logjam. In the same vein, the capacity of judges and judicial officers has been built over the years in order to strengthen them ahead of the tasks ahead.
In readiness for more of what had shaped the polity in the past, legal stakeholders again met in Abuja on the occasion of the special court session to mark the commencement of the federal high court legal year 2019/2020.
Stakeholders’ stance
At the programme, the Chief Justice of Nigeria (CJN) Tanko Muhammad tasked the judges to redouble their efforts towards quickening the dispensation of justice in the country.
While speaking about his administration ‘s readiness to cooperate with legislature and the executive, the acting chief justice, Hon Justice John Tsoho, assured that his court is working towards the entrenchment of constitutionalism as the paramount court of first instance in the federal judiciary.
The acting chief judge reminded all stakeholders that the jurisdiction of the court as contained in the principal Act as well as the amendments thereto are of common knowledge to all practitioners.
He said, “ However, it is important to bring to the notice of all practitioners that the federal high court has now released her amended federal high court (Civil Procedure) rules 2019 which came into force in May 2019.
He continued, “The new rules contain certain innovations to meet with the dynamism in law and to bring the court at par with other courts in the developed world.
“Some of these include affidavit of non-multiplicity of actions (Order 3 Rule 9 (2) (d); a reinforced interpretation of the territorial jurisdiction of the federal high court such that no leave is required for service of process anywhere within the federation (Order 5 Rule 31).”
Tsoho also highlighted the status of litigation before his court, saying that from the reports received, about 116,623 cases are pending in the federal high court.
Lamenting the dearth of judges in the courts, Tsoho noted that the judges have been over-burden with work in the last legal year. As a result, he said; “16,144 cases were filed in this quarter alone in which 12,692 have been disposed off.”
The question of judiciary’s independence
Giving an insight into the annual tradition, the president of Nigerian Bar Association (NBA), Mr Paul Usoro, said opening of legal year often open opportunity for introspection for the Bar and Bench to ruminate on national issues particularly those that affect the justice sector.
Topping the list is the need to promote and protect the rule of law in all its ramifications.
Usoro particularly took a swipe at the executive arm of government and its agencies, alleging that they are unceasingly critical of the judiciary and its decision particularly in matters that that the government and its agencies may be interested in.
He noted that society can only survive if it has independent-minded judges.
“It is not unusual these days to hear high officials of government talk down on the judiciary ridiculously and also ill-advisedly dump all the ills of society on the judiciary.
“Decision by your Lordships are sometimes brazenly denigrated and attributed to ulterior motives. Society is diminished when judges are robbed of their independent minds and thought processes and the confidence of the ordinary person in the judiciary is thereby diminished, if not destroyed. Self-help and anarchy ultimately become the available remedy,” he observed further.
Tie-back
Baring his minds on the lack of independent judiciary in the country, the UN independent special rapporteur on the independence of judges and lawyers, Diego Garcia-Sayán, noted in his statement in 2018 shortly before the general elections that; “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence,” he said. “Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court.”
According to Mr. Garcia-Sayán, the decision to replace Chief Justice Onnoghen with Ibrahim Tanko Mohammad was taken by Nigeria’s president, Muhammadu Buhari, who insisted he had acted in compliance with an order issued by a tribunal to decide on alleged breaches of the code of conduct for public officials.
This according to –Garcia Sayan was despite the fact that four other courts with higher jurisdiction, had already ordered that proceedings be halted. The UN expert outlined listing the Court of Appeal, the National Industrial Court and the two Federal High Courts.
On the issue of intimidation of defence lawyers and judges involved in the decision to remove Justice Onnoghen, Mr. Garcia-Sayán lamented that one of the senior advocates defending him was equally arrested.
He added; “Others had been subjected to serious threats, pressures and interferences,” he warned, adding that such allegations may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession.
“Lawyers play an essential role in securing access to justice and should never suffer or be threatened with prosecution or other sanctions for action taken in accordance with their recognised professional duties, standards and ethics,” Mr. García-Sayán said.
Going forward
Meanwhile, NBA has encouraged the Bench and Bar to speak out at critical moment or in the face of danger.
It assured that the Bench can and should always count on the Bar to defend and protect the rule of law, a component of which is the independent of the judiciary, saying that it is their sworn duty to so do.
