We are in an election season where every Dick, Tom, and Harry vying for different political posts will want the judiciary to do their bidding have though they have been surcharged by their party. Like the previous one, the season is usually characterized by conflicting injunctions by the judiciary which many believe, is to the highest bidders. Those injunctions are usually inimical to the democratic growth of this country.
The Judiciary which is the third bastion of our democracy can be blamed largely for the failure of our democracy. I say this categorically but sadly. I know that there are many of our judges from low to high courts that are incorruptible but sadly the bad eggs stink up the whole.
In Nigeria, our Judicial arm insists on self-regulation alone even when that is not our law per se. If the principle of separation of powers were absolute, there would be no checks and balances infused in it.
I believe Montesquieu has Nigeria in mind when he propounded separation of power to curb the shenanigans of each arm of government. Montesquieu in his wisdom knew that no arm of government should be allowed to become despotic.
You can imagine a society where a retired Justice holds a valedictory occasion and it is filled with more politicians from a particular political party telling the whole story of our judicial system right now, not just their attendance but book launch donations. APPALLING!
I will never forget David Lyon’s case where logic was turned on its head. That was a case where no judicial precedent or statutory provision was relied on, purely on assumptions. I hope one day the Supreme court will review itself on that particular judgment. The Imo state guber judgment by the Supreme Court is another ruling that defies every tenet of justice. The two judgments cannot be forgotten in a hurry.
One of the main agendas for the next President of Nigeria come 2023 in my opinion should be “Judicial Reform”. This must be on the top burner and must be holistic. Whoever emerges as President comes 2023 must take on Judiciary reforms as his Presidency depends on them.
I can remember that the federal government of Nigeria raided the houses of ‘corrupt’ judges, but the hue and cry by suspect civil society and tainted by Nigeria Judicial Council (NJC) weakened that intervention. The judiciary must not be tainted by corruption, justice must not be tainted, and justice must not be delayed or derailed.
It is also important that we set up a Non-Governmental Organization (NGO) to watch the judiciary – “Judiciary watch” where we watch cases, report on the tardiness of prosecutors, defense, judges, and so on. Nigeria must fulfill her potential.
If our democracy must advance, the judiciary must be clean.
