By Mike Kebonkwu
Every post-election period in Nigeria is harvest time for senior lawyers and judges alike who jostle for electoral litigations, and membership of the election panels. We are bad losers in every contest; and election results are always contested because even the politicians themselves do not believe that free and fair election are possible in our clime as it stands today. There is also no great expectation from the electoral umpires and security agents who are themselves compromised most of the time in bare-faced rigging of elections. The judiciary has become ambush ground where politicians wrestle for positions after declaration of results by Independent National Electoral Commission (INEC). Election litigation therefore puts the judiciary also on trial as sometimes unusual and curious results come from the tribunals where the election panels sometimes give victory to candidate that did not even take part in the primaries. To the politician, money drives the engine and everything and everybody have a price tag.
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Not too long ago, Justice Flora Azinge at the Kano State Election Tribunal opened the Pandora’s Box when she was quoted in some media that a senior lawyer allegedly tried to offer her bribe. However, she was to soon lose her voice and gut when she backed down, claiming that she was misquoted.
This certainly is most un-circumspective given the position she occupies as a judge. A judge should not be flippant but should be ready to defend every of her word and the office she occupies even when not on trial. The story of judicial heist is often told in hush voices and allegory. Bribe moneys are delivered in customized brief cases pack full with wads of fresh mints and delivered lock-stock-and barrel with key.
The Nigeria judiciary has become a butt of mockery and infamy not because it cannot do justice but because the people themselves do not even trust and have confidence that it can do justice. The reason is that it has acquitted itself very poorly in the past with curious legal interpretations that have led to travesty and miscarriage of justice. The judiciary is not just the structure of the court system but includes judges and lawyers as main actors with other ancillary staff; the filing clerks and process servers etc.
Can an institution function above the society that births it? I am afraid, no! You cannot reap justice from the tree of corruption. As the saying goes, ‘as a man sows shall he reaps’. The root of the problem of justice delivery starts from the recruitment at the Bench which showed scant regards for merit and character. Appointments in the judiciary have been virtually reduced to political patronage and filial relationship. Like anything else, judicial knowledge could not have been hereditary to be found in the DNA of anyone to pass unto the children. Otherwise, someone like Charles Oputa (Charlie Boy) could have been at the Supreme Court bench.
Today, heads of courts and government officials are rigging their children to be at the bench to secure job for them whether they have the knack for the job or not whereas some of them could have been better artists or entrepreneurs. The same is true of other strategic establishments and extra-ministerial departments now becoming exclusive preserve for children of influential politicians and their minions. The judiciary is a very conservative calling; almost with oath of a hermit and self-discipline. A judge should not be seen to dress the way she likes or hangout with characters of doubtful credentials. This is because you cannot go into the mud to wrestle with pig and come out clean, never! When citizens lose confidence in the judiciary, it is an invitation to self-help and anarchy.
The office of a judge is one of the highest callings because it carries with it the liberty of the people and power of life and death. A judge should be sober and solemn to remain the conscience of the society. The judiciary does not need any reminder on bill boards that all eyes are on it to know that it must be above all impropriety on every matter that comes before it. The judge occupies the place of God that was why King Jehoshaphat while appointing judges admonished thus: “Always think carefully before pronouncing judgment. Remember that you do not judge to please people but to please the Lord. He will be with you when you render the verdict in each case. Fear the Lord and judge with integrity, for the Lord our God does not tolerate perverted justice, partiality…”. See 2 Chronicles Chapter 19 Verses 6 and 7. The Holy Bible, New Living Translation, Second Edition.
For a society to develop, there must be respect for the rule of law and social justice. The judiciary should be peopled by men and women of impeccable and unquestionable character. Our judiciary once paraded amongst the best of justices who ply their trade in candour and fearless in dispensation of justice. They were too numerous to mention but you cannot forget easily names like, Justices Kayode Eso, Chukwudifu Oputa, Mamman Nasir, Mohammed Uwais, Samson Uwaifo etc.
Not long ago, the poet laureate, Professor Niyi Osundare published a scathing lampoon on the judiciary in satirical poem titled, “My Lord, Tell me where to keep your bribe”. Our judiciary has become like the legendary bird ‘Chichidodo’ in Ayi Kwei Armah’ book, “The Beautiful Ones are Not Yet Born”. A bird that does not like excrement and faeces but feeds on maggot! This is the culmination of the decadence of the judicial arm of government in Nigeria which stinks like a putrid sore and taste like a rancid butter. The personality of the judge starts from his turnout both in and out of court; his dressing must be with moderation of the temper of a lord, edifying and sublime language with penetrating intelligence. His social life must be measured and calibrated never to court controversy in the midst of drunken political merchants. When you see a judge in heavy make-up, ornaments and jewellery like a Nollywood actress or fashion designer living large like celebrity, then know that we have lost the scale of justice to the buccaneer. We often spot such judges and justices today, sadly.
We cannot expect the judiciary to be different from the society it operates, so we must consciously set out to change our value system of ostentation. We set religion and tribe as qualifications for political office and we are expecting good governance; no, it does not just add up like that. When you give money to earn a place in political office or public service, or rig examinations and certificates for your children, do not expect the judiciary to deliver on justice; that is wishful thinking and a huge joke. You want to promote performance and integrity but you get corrupt and questionable characters to drive the project! You want to enthrone and deepen democracy but you rig election and compromise the rule of law and bribe judges!
This is similar to the current campaign by ECOWAS to restore constitutional order in Niger Republic with threat of kinetic force of military invasion to oust the junta usurpers. We should be careful not to plunge the entire region into a free theatre for terrorists and bandits by poorly thought-out strategy and tactics of misadventure. As credited to junta leader, military force is not going to be like a walk in the park is a truism. The regional group may succeed in the short term but the consequences to the regional peace and attendant insecurity will be far reaching especially for Nigeria that is still struggling with pervasive insecurity fuelled by marauding herders and terrorists from the same Niger and Chad axis. We must not fail to understand the issue of national pride; Niger is not a vassal or a prefecture of any of the member states of ECOWAS where you just issue order and it is obeyed and carried out. The sub regional body is being misled by the Western interest which will be ultimate beneficiary in the event of outbreak of war which will submerge the region especially Nigeria. We should therefore be careful not to go to war for the wrong reason of protecting one individual interest of a president that has lost support of the citizens.
For the judiciary, let us stop being defensive or pretending that the rot is not pervasive. The judiciary should purge itself thoroughly and come clean to save democracy and the rule of law.