EMINENT Senior Advocates of Nigeria (SAN) in the country have expressed divergent views about the conflicting judgments emanating from the courts across the country. The senior lawyers, who spoke against the backdrop of the conflicting judgments bythe Federal High Courts, feared that the trend, if allowed to continue, could destroy the confidence of the citizens in the judiciary and lead to a breakdown of law and order in the society.
Lamenting what he described as distasteful to the judiciary, foremost Senior Advocate, Chief Ladi Williams, said the development is awful and embarrassing. He said: “Everyone should be embarrassed by the development. There is no gain saying that what is happening is very terrible.
This makes some of us to be suspecting there is a tinge of corruption in the whole thing. What is happening now destroys the confidence of the people in the judiciary and if an urgent step is not taken to address the problem, it can lead to breakdown of law and order because people will begin to take laws into their hands. “Unfortunately, the Nigerian Judicial Council cannot sanction any judge unless an aggrieved party petitions the body.
When this is done, the NJC will look into it and if the judge in question is found guilty, he will be given the appropriate sanctions. “Before now, judges were highly respected by members of the public. They were seen as God’s representatives. But all that is fast fading away. If you hear what people say about some judges, you will be shocked. There is need for a change. Judges should always come up with positions that are not biased.”
The ugly development, in the view of Chief Emeka Ngige, a SAN, is caused by corruption. He said: “The issue of conflicting judgment is a recurring one. The causes are so many, but corruption is at the root of all of them. A lot of unqualified lawyers are being appointed to the bench and this is not helping matters. When such unfit lawyers are appointed, what do you expect them to do? “It is caused by the infiltration of politicians into the judiciary. Many judges are appointed through the influences of politicians in the society. These politicians manipulate the judges and cause them to give conflicting judgments.
“The NJC should wield the big stick against erring judges. Those found guilty should be brought to book. Apart from the judges, lawyers who drag judges into giving conflicting judgments should also be dealt with.” Also speaking on the issue, Chief Mike Ezekhome, a SAN, said: “It is nigh impossible to prevent conflicting decisions because facts are never similar, even though the principles remain immutable. Reasoning and conclusions of different judges will continue to vary and differ as a result of their birth, nurture, schooling, training, exposure, experiences, perception of issues and personal idiosyncrasies and predilections. It is the apex court that has the final say.