Barr Olatunji Salawu is a senior lawyer and former executive member of the Nigerian Bar Association (NBA). In this interview with KEHINDE OSASONA, he speaks on the welfare and independence of the nation’s judiciary, controversial N300million gift to the NBA by Rivers state Governor Siminilayi Fubara and a wide range of issues. Excerpts;
What role have you played to enhance sectoral growth as a legal practitioner and former NBA official?
Let me start by saying that I am a core litigation lawyer. And by the grace of God, I have appeared in all hierarchy of courts in Nigeria with over 25 -year experience as a legal practitioner. I have also taken some responsibilities in the NBA, both at the branch and national level. As an NBA national officer, I was elected as the 1st Assistant Secretary of NBA (2014 – 2016). I had the privilege of being the first Assistant to the then General Secretary, Mazi Afam Osigwe, SAN who is the current President of the NBA. That was under the administration of Augustine Alegeh, SAN.
What is your position on the state of the judiciary in the country?
The judiciary in Nigeria remains among the best in the world in terms of workloads and composition.
However, in terms of welfare and independence, I would say that there is still a lot to be done, particularly at the state level.
Corruption, frivolous injunctions, lack of total independence, and other vices have allegedly plagued the nations judiciary. Are you not worried?
Those are grievous allegations against the Judiciary! However, I do not think that they are as bad as being portrayed in the media. Yes, there are some corrupt judicial officers, just as in every department of public service. I have earlier mentioned lack of independence which is obvious in some state jurisdictions, where the State Governors, whom I call “emperors”, have failed to yield autonomy to Judiciary in accordance with the principles of separation of powers enshrined in the Constitution.
Mind you, the Judiciary is not the only victim of those executive emperors, the State Legislatures and Local Government administration face similar fate, despite clear judicial pronouncements and Executive orders of the President and Commander-in- Chief.
Truly, some injunctive orders emanating from some courts are anarchistic rather than dispute- resolution mechanism. That also in my view, is not enough to rubbish the entire judicial structure or process.
Finally, like I said, many institutions are involved in the game of vices that seems to have continuously plagued our country, sadly.
We must all take responsibility, more especially, the lawyers have heavier burden, because all judicial officers are appointed from the Bar! Furthermore, frivolous cases, applications, arguments; and worse, inducement or influence of judicial officers are usually through the Bar!
Lawyers in the country have been accused of subjudicing the court on many occasions. How best do you think bar and bench can deal with what is now been referred to as ‘Television Lawyers’?
Simple, the NBA as the only professional association of lawyers has enormous control through the instruments of its Rules of Professional Conducts (RPC), Legal Practitioners Disciplinary Committee (LPDC) and Privileges Committee to deal with the situation. Unfortunately, it appears the Bar is more preoccupied with political statements than enforcing its own rules! If you like, you may call it, playing the ostrich!
Do you subscribe to call for a constitutional review? Why and how soon should it come?
Periodic reviews of the Constitution are sine qua non of national development. The necessity arose when there is a lacuna in the document that failed to adequately address the emerging challenges.
The NBA and Rivers Sole Administrator are on each other’s throat over an alleged gift from the suspended Governor Siminalanyi Fubara. What is your take?
I believe that the NBA was standing on a moral principle. However, there is more to the issue than legitimacy test of the Sole Administrator. Since the money gifted belonged to the Rivers State, not to Governor Fubara, nor the Sole Administrator, the legitimacy of the gift of N300 million to an association by an act of a Governor which had been pronounced by the Supreme Court as unconstitutional is also a moral burden the NBA must be ready to bear. As we know, State money can only be legitimately spent upon a proper appropriation.
The Supreme Court had faulted the appropriated fund of the Governor Fubara, from where the “gift” money was taken! That is upon the assumption that the money was appropriated in the first instance. That puts NBA on the moral spot. Is it proper to keep money improperly disbursed from the source which the Supreme Court has pronounced unconstitutional; and at the same time, refused to refund same on demand by the Sole Administrator whose appointment has not been declared by any Court of Law as unconstitutional, while using constitutionality as justification? Like I said, that in itself is a moral burden upon the NBA.
Are the Bar and the Bench doing enough to deepen gains made by the third arm of government post-independence?
I would say, yes.
We just witnessed another defection by the Delta state governor, Sherrif Obovoweri. Could you give an insight into the legality of his action?
Being a member of political party is a personal right. A member has a right to resign his membership to join another, if he believes that he was no longer in time with the objectives of his previous association.
To the best of my knowledge, there is no law that bars a sitting Governor from changing parties. In fact, the practice has become a norm in Nigeria.
The only grey area is the defection by a serving legislator, which is in itself is not illegal, provided such defection satisfied the conditions set by the laws.
Has the NJC and LPDC done enough to curb the excesses of erring lawyers and judges in the country?
I would say that there is still a lot more to be done on the part of the LPDC. As for NJC, I will give a pass mark.
In your opinion, how has the nation’s judiciary fared?
Not bad, averagely.
What about judiciary reforms?
My personal thoughts on the judiciary reforms.
I believe that it is appropriate for the Court of Appeal as an intermediate Court to be created by States to address all Appeals from the State Jurisdiction.
The appointment of Justices or the Court should be made by the State, just as in the case of State High Courts, Sharia Courts of Appeal and Customary Courts of Appeal. Subject of course to confirmation by the National Judicial Commission. The decision of the Court of Appeal in such State jurisdiction should be final except on pure constitutional matters and criminal conviction on capital offences.
I also propose that Election Tribunals for the State constituencies should be constituted by the President of the State Court of Appeal, while right of appeal should terminate at the Court of Appeal of the State. I will advocate that the composition of the Electoral Tribunal should be chaired by a retired Judge of the High Court and have five members comprising a senior practicing lawyer of not less than 25-year post call experience, an academic professor of law and two serving Judges of the State High Court Bench. This recommendation, I believe, will strengthen “true federalism” as being desired.
There should be one Federal Court of Appeal to decide intermediate appeals from the Federal High Court and other Federal Courts such as the National Industrial Court, Court Martials, and other Tribunals whose appeal lies directly to the Court of Appeal.
What do you think the current CJN should do differently in order to succeed?
The success or otherwise of the CJN depends on all stakeholders. The brother judges and all other bodies involved in the administration of justice. I should expect the CJN, to constantly engage all the stakeholders in seeking ways to confront the enormous challenges.