Nigerian Judiciary: Robotic & Constrictive On Corruption War?

Nigerian Judiciary: Robotic & Constrictive On Corruption War?

By Paul Adujie
Monday, 07 May 2007
Nigerian Judiciary: Robotic & Constrictive On Corruption War?

By Paul I. Adujie

Lawcareer2007@aol.com

New York, United States





Is the Nigerian judiciary robotic and constrictive?

Is the Nigerian judiciary a hindrance to Nigeria's current war against corruption?

Should the Nigerian judiciary allow legalese and or, legal technicalities to shield obvious outlaws? Must the judiciary look the other way in the face of public officials who constantly engage in extreme depravity, moral and ethical indecencies?

What is the purpose of Nigerian laws?

These are crucially important questions which Nigerians must answer! These are questions that must be answered effectively, just so that, we are all agreed, on the best way forward.





After I wrote, Supreme Court of Nigeria Vs Corruption War , I was inundated with false accusations! I was accused, by some, of denigrating or disparaging the Supreme Court of Nigeria! The truth is, I cannot disparage or denigrate the Supreme Court and or the legal profession in Nigeria, even if I had a cause to! Doing so would not make any sense to me and here is why; the reasons are many, but first and foremost, it is because I Love Nigeria! That affection, for Nigeria, our homeland, is the reason to engage in anything, written or spoken about Nigeria. It is the reason that overlook personal attacks against me for my opinions on Nigerian issues; especially public policy issues.



Clearly therefore, it will not be in Nigeria's national interests, from my perspectives, for me in particular, to rail against the legal profession in Nigeria. The legal profession, which of course, includes the judiciary. It is not in my self-interest to do so, as I am a Nigerian and proud of my Nigerian-ness! Besides, I am a member of the legal profession in Nigeria, why then, would I cavalierly, disparage and denigrate my profession? Such an attack, especially, an unwarranted attack, would be tantamount to the infliction of pains onto myself; it will be an infliction of pain, in many several respects!



Happily, soon after my public comments, in just space of a week , we have had the good fortune of the erudite legal luminary, Barrister Gani Fawehinmi support, albeit, indirectly, my expressed concerns regarding our judiciary. Chief Fawehinmi in his public statements contained in a Nigerian Newspaper, titled "My Fears for Yardua" in it, he was quoted as saying that "The judiciary is not helping matters. The judiciary, by its restrictive and dry interpretation of the constitution is not punishing corruption. It is not punishing corrupt people. All the big men, president, vice president, governors, deputy governors and others have been hiding under Section 308 of the Constitution. We are saddened by the restrictive attitude of the judiciary."

"On the Economic and Financial Crimes Commission (EFCC), for instance, he noted that court judgments seemed to frustrate all the efforts of the commission which was set up to fight graft."

"Everywhere is an avalanche of opposition to the EFCC. Inside the courts, outside the courts. It appears to me now that the opposition to EFCC is so overwhelming," Fawehinmi surmised"



In agreeing with Chief Gani Fawehinmi, the acclaimed legal luminary, I will add that I have come to see the Nigerian judiciary in the same lights regarding the verdict stripping the Independent Electoral Commission or INEC of powers to screen, powers to determine qualifications and powers to disqualify candidates. This I have likened to a referee or an umpire officiating sports tournaments or games, but without the requisite powers to mete out rewards or punishments! In Supreme Court of Nigeria Vs Corruption War I wrote my concerns and my worries, some rephrased in a few paragraphs below, among other comments.

I have agonized about several recent decisions or judgments emanating from the Nigerian judiciary; There was the Atiku case, that Atiku name must be on the ballot! And it was one week to the elections! Then, there was the judgment that returned Joshua Chibi Dariye to Government House, Ray-Field, Jos in Plateau State! And soon, DSP Alamieseigha may be returned to Bayelsa Government House in Yenagoa?

There was also the judgment, against INEC as umpire and referee in Nigerian elections, and the verdict, if followed to its logical conclusion, would make INEC a toothless lion and a crippled hyena!





Additionally, the speeds and gyrating pace at which our highest courts are willing to undo long concluded impeachments of governors, who are clearly confirmed parasitic leaches of Nigeria's public resources, reinforces my suspicion about the unwillingness of the Nigerian judiciary to fight those who plunder and pillage Nigeria.



The question that should be asked and answered in the circumstance, is, what is the purpose of law? The purpose of law in Nigeria certainly, cannot be to give ringing endorsements to persons who have been censured, persons who have received public opprobrium at home and abroad as Governor Joshua Chibi Dariye of Plateau State, as well as the soon to be reinstated Governor Dipreye Alamieseigha of Bayelsa State has!



Why is it that the bulk of the Nigerian judiciary appears to be espousing a very limited and constrictive interpretation of the purpose of the law? Why would anyone, who is familiar with the depredations of the scourge of corruption in Nigeria, allow himself, to robotically and constrictively, interpret the purpose to the law, which in the final analyses, serves to benefit, only the very worst of citizens amongst Nigerians?



What exactly is the purpose of the law? I believe it is to serve society, to protect and preserve society, to have law and order and to serve as a clear arbiter of reward and punishment for conduct and misconduct in societal inter relationships. Law is not an abstraction or an academic exercise. These are unusual times and extraordinary times in Nigeria, we must use the laws to remove corruption, we must use the law at every opportunity, to remove the stumbling blocks and the clogs in Nigeria's wheel of progress and greatness.

By some accounts, perhaps, by all accounts? corruption is the single biggest problem that has delayed, stunted and truncated Nigeria's development, advancement and greatness.



All branches of all levels of our governments, the executive, the legislative and judicial branches of our federal and state governments, ought to be acting in concert and in unison to rid Nigeria of corruption. Corruption can only be eliminated and eradicated in tandem.

Nigeria's national interests are at stake! No one can afford to continue to act as a mindless robotic machine, as if without a stake in the outcome of what happens to Nigeria, particularly, because of the scourge of corruption! What is the purpose of the law? I make bold to assert, that the law fosters better society. The law is the difference between stable and progressive societies and those other societies that are not. I want Nigeria to be a nation of laws!



Nigeria is a difficult country to reform and to govern, anyone who is familiar with our country can tell you that much. As Chief Gani Fawehinmi has rightly said that some Nigerians have visited President Obasanjo with so much venom and hatred he added that some Nigerians are apparently, carrying-over, those hatreds and venom to the President-Elect Yar'Adua who is seen as President Obasanjo protégé. President Yar'Adua's emergence, his promise or vows to continue President Obasanjo's needed reforms.



The Nigerian judiciary comes across a splendidly disinterested party, in the race to reach a desirable outcome for Nigeria. The Nigerian judiciary, in my view, appears to be bogged down, unnecessarily in legalese and unwarranted reliance on legal technicalities to disable itself, from participating, actively participating in the eradication and elimination of corruption.



All these, even though it is quite clear to everyone that corruption remains the singular most disabling stricture on the path of Nigeria's advancement, development and greatness! It is clear to me that Nigeria's efforts in blood, tears, sweat and treasure will come to fruition, when all relevant branches of Nigeria state power actually work with a common purpose. The first and foremost, in our national tasks, is the elimination and eradication of corruption.



In this regard therefore, no laws, no rules, no regulations and no technicalities should be clogs in the wheels of desirably necessary and equally urgent business of Nigeria's progress. The Nigerian judiciary, currently stands the risk of appearing to allow the criminals who still parade as our political "leaders" to think that crime does pay!



Currently, it is the case that those who steal the most from Nigeria's public treasury, are the same ones, who are able to afford high priced lawyers, senior advocates of Nigeria etc who regal in legal victories, even as they buy legal technicalities as constitutional protections for the most vapidly corrupt public officials! Former Military Officers and former Customs Officers and current corrupt governors are benefiting from their crimes against the Nigerian people! The Nigerian judiciary cannot act as a disinterested party!



Nigerians should take one look at the recent reinstatement of Governor Dariye of Plateau State, a man who is a fugitive from justice, a man who is clearly a public disgrace and clear eyesore in decent minds and morally outstanding circles, both in Nigeria and Britain!



What is the purpose of the laws of Nigeria? What is the general intention of the drafters of the laws regulating the Economic and Financial Crimes Commission or EFCC? I would guess it is to rid Nigeria of corrupt practices and persons who perpetuate corrupt acts. It is common knowledge, and Nigerians are unanimous that the corruption scourge has given Nigerians and Nigeria a huge image problem and a metaphorical bruised eye. It therefore makes perfect sense to use every intelligent means to fight corruption.

What is the purpose of the laws of Nigeria with particular regard to the Independent Electoral Commission or INEC? It has to be assumed it is forethought that a body such as INEC would be allowed reasonable discretion to conduct a free and fair elections, acting as an umpire and referee with reasonable officiating authority?

What is the purpose of the laws of Nigeria and in particular, section 308 of the constitution of Nigeria 1999 that provides immunity from prosecution for certain categories or classifications of public officials, to give freedom of actions, reasonable discretion to engage in reasonable acts for public good, our common good, without hindrance and without fear of personal penalties or punishments for actions taken in furtherance of our citizen’s interests and furtherance of public interests of all Nigerians.

We have become aware that the immunity clause has been turned into impunity of actions and egregious misconducts by some Nigerian public officials, but must our Supreme Court look the other way, all in the name of hot pursuit of legalese and technicalities? Must we give free ride to those public officials who undermine Nigeria? What is the purpose of the law? The highly esteemed members of the Nigerian judiciary should not work at cross purposes with the legislative and the executive arms of the Nigerian government.

All arms of the Nigerian government, that is, the executive, legislative and the judiciary, and indeed, all Nigerian citizens, must work in concert and unison to attain Nigeria’s global missions. Anything that detracts from that, is unqualifiedly and infinitely useless!

The executive arm of Nigerian government must obey, and enforce, all Nigerian laws! The legislative arm of the Nigerian government make new laws and amend some old laws, including the 1999 constitution, in particular, it must expunge the immunity clause as enshrined in section 308. The judicial arm of the Nigerian government must interpret Nigerian laws, and make Nigerian laws more alive, in the true spirit and letter, of Nigerian laws. Where necessary, infer the intentions of the legal drafters of Nigerian laws, the general intendments of laws has to be, the betterment and advancement of our society!

It certainly cannot be the case that the laws of Nigeria were intended to disable the EFCC, INEC! It equally could not have been the general intendments of the laws of Nigeria and its drafters, to allow fugitives from the law, such as Joshua Chibi Dariye and DSP Alamieseigha to preside over political subdivisions in Nigeria! What is the purpose of the laws? What is the purpose of medicines, good medicines that does not protect, prolong or preserve lives? What is the purpose of laws does not advance Nigeria’s cause?

The purpose of Nigerian laws is to advance the worthy causes of Nigeria, the purpose of laws of Nigeria to in hot pursuit, attain the furtherance of Nigeria’s national interests and Nigeria’s place in the global scheme of things. Nigeria’s place in the world must be pursued relentlessly, in that regard, all obstacles and impediments, domestic or foreign, must be decimated. Regardless of whose ox is gored, Nigeria must prevail and triumph!



All branches of all levels of our governments, the executive, the legislative and judicial branches of our federal and state governments, ought to be acting in concert and in unison to rid Nigeria of corruption. Corruption can only be eliminated and eradicated in tandem.

Nigeria's national interests are at stake! No one can afford to continue to act as a mindless robotic machine, as if without a stake in the outcome of what happens to Nigeria, particularly, because of the scourge of corruption! What is the purpose of the law? I make bold to assert, that the law fosters better society. The law is the difference between stable and progressive societies and those other societies that are not. I want Nigeria to be a nation of laws!



Nigeria is a difficult country to reform and to govern, anyone who is familiar with our country can tell you that much. As Chief Gani Fawehinmi has rightly said that some Nigerians have visited President Obasanjo with so much venom and hatred he added that some Nigerians are apparently, carrying-over, those hatreds and venom to the President-Elect Yar'Adua who is seen as President Obasanjo protégé. President Yar'Adua's emergence, his promise or vows to continue President Obasanjo's needed reforms.



The Nigerian judiciary comes across a splendidly disinterested party, in the race to reach a desirable outcome for Nigeria. The Nigerian judiciary, in my view, appears to be bogged down, unnecessarily in legalese and unwarranted reliance on legal technicalities to disable itself, from participating, actively participating in the eradication and elimination of corruption.



All these, even though it is quite clear to everyone that corruption remains the singular most disabling stricture on the path of Nigeria's advancement, development and greatness! It is clear to me that Nigeria's efforts in blood, tears, sweat and treasure will come to fruition, when all relevant branches of Nigeria state power actually work with a common purpose. The first and foremost, in our national tasks, is the elimination and eradication of corruption.



In this regard therefore, no laws, no rules, no regulations and no technicalities should be clogs in the wheels of desirably necessary and equally urgent business of Nigeria's progress. The Nigerian judiciary, currently stands the risk of appearing to allow the criminals who still parade as our political "leaders" to think that crime does pay!



Currently, it is the case that those who steal the most from Nigeria's public treasury, are the same ones, who are able to afford high priced lawyers, senior advocates of Nigeria etc who regal in legal victories, even as they buy legal technicalities as constitutional protections for the most vapidly corrupt public officials! Former Military Officers and former Customs Officers and current corrupt governors are benefiting from their crimes against the Nigerian people! The Nigerian judiciary cannot act as a disinterested party!



Nigerians should take one look at the recent reinstatement of Governor Dariye of Plateau State, a man who is a fugitive from justice, a man who is clearly a public disgrace and clear eyesore in decent minds and morally outstanding circles, both in Nigeria and Britain!



What is the purpose of the laws of Nigeria? What is the general intention of the drafters of the laws regulating the Economic and Financial Crimes Commission or EFCC? I would guess it is to rid Nigeria of corrupt practices and persons who perpetuate corrupt acts. It is common knowledge, and Nigerians are unanimous that the corruption scourge has given Nigerians and Nigeria a huge image problem and a metaphorical bruised eye. It therefore makes perfect sense to use every intelligent means to fight corruption.

What is the purpose of the laws of Nigeria with particular regard to the Independent Electoral Commission or INEC? It has to be assumed it is forethought that a body such as INEC would be allowed reasonable discretion to conduct a free and fair elections, acting as an umpire and referee with reasonable officiating authority?

What is the purpose of the laws of Nigeria and in particular, section 308 of the constitution of Nigeria 1999 that provides immunity from prosecution for certain categories or classifications of public officials, to give freedom of actions, reasonable discretion to engage in reasonable acts for public good, our common good, without hindrance and without fear of personal penalties or punishments for actions taken in furtherance of our citizen’s interests and furtherance of public interests of all Nigerians.

We have become aware that the immunity clause has been turned into impunity of actions and egregious misconducts by some Nigerian public officials, but must our Supreme Court look the other way, all in the name of hot pursuit of legalese and technicalities? Must we give free ride to those public officials who undermine Nigeria? What is the purpose of the law? The highly esteemed members of the Nigerian judiciary should not work at cross purposes with the legislative and the executive arms of the Nigerian government.

The executive arm of Nigerian government must obey, and enforce, all Nigerian laws! The legislative arm of the Nigerian government make new laws and amend some old laws, including the 1999 constitution, in particular, it must expunge the immunity clause as enshrined in section 308. The judicial arm of the Nigerian government must interpret Nigerian laws, and make Nigerian laws more alive, in the true spirit and letter, of Nigerian laws. Where necessary, infer the intentions of the legal drafters of Nigerian laws, the general intendments of laws has to be, the betterment and advancement of our society!

It certainly cannot be the case that the laws of Nigeria were intended to disable the EFCC, INEC! It equally could not have been the general intendments of the laws of Nigeria and its drafters, to allow fugitives from the law, such as Joshua Chibi Dariye and DSP Alamieseigha to preside over political subdivisions in Nigeria! What is the purpose of the laws? What is the purpose of medicines, good medicines that does not protect, prolong or preserve lives? What is the purpose of laws does not advance Nigeria’s cause?

The purpose of Nigerian laws is to advance the worthy causes of Nigeria, the purpose of laws of Nigeria to in hot pursuit, attain the furtherance of Nigeria’s national interests and Nigeria’s place in the global scheme of things. Nigeria’s place in the world must be pursued relentlessly, in that regard, all obstacles and impediments, domestic or foreign, must be decimated. Regardless of whose ox is gored, Nigeria must prevail and triumph!