Chief Judge of the Federal High Court, Justice John Tsoho, has decried the increasing attacks on judicial officers by members of the Bar. Why is the relationship between the Bar and the Bench now so strained? ADEBISI ONANUGA sought lawyers’ views on how to restore the harmonious relationship
A time was when the Bar always rose in defence of the Bench.
Judges are not to be heard outside the courtrooms, so lawyers spoke for and in their defence.
The relationship between the Bar and Bench was one of mutual respect and high regard.
Both worked hard to protect the dignity of the profession as the “most learned”.
But that relationship seems to have been torn apart in recent times.
There appears to be no love lost between the Bar and the Bench.
Petitions by lawyers against judges to the National Judicial Council (NJC) are common, while judges have also referred lawyers to the Legal Practitioners Disciplinary Committee (LPDC).
But there seems to be an increase in public attacks on judges, according to the Chief Judge of the Federal High Court, John Tsoho.
He described the trend as disturbing and urged the Nigerian Bar Association (NBA) to rein in erring members.
The CJ also urged judges to go tough on such lawyers.
Justice Tsoho, speaking at a special court session to mark the ceremonial commencement of the Federal High Court’s 2024/2025 legal year in Abuja, accused lawyers, some of whom he said are Senior Advocates of Nigeria (SANs), of making themselves the tools to greedy politicians in manipulating the legal process with resort to blackmail and name-calling when their clandestine overtures are rejected.
He said: “I am compelled to seriously deprecate the current pervading attitude of some lawyers, litigants and public commentators, of launching virulent attacks in the media against judges and their decisions.
“The Federal High Court, regrettably, has been worse for it, arising from its wide territorial and vast subject matter on jurisdiction.
“This trend seems to have become a ready means of seeking fame, employed mostly by failed lawyers and litigants.
“I wish to use this rare opportunity of voicing out, which comes just once in a year, to comment at length on this canker, as it poses great danger, not only to the Nigerian judiciary but the Rule of Law generally.
“It is more so, as those promoting it are not well-informed, but act in concert with some disgruntled lawyers.
“It is very sad that certain lawyers, with a few senior lawyers among them, have willingly offered themselves as errand boys to some politicians to malign judges.
“They secretly seek to influence judges, but hypocritically turn round to condemn judges when their clandestine overtures to judges are rebuffed.
“In such situations, their supposition is that the judge must have been compromised by the opponent. They merely appear sanctimonious while levelling unfounded allegations of bribery against judges in humongous sums of money.
“None of them has ever proven such allegations; nevertheless, they succeed in inciting the gullible society against the maligned judges.
The CJ called on the NBA to scrutinise its ranks and uproot the misfits who are causing incalculable damage to the legal profession.
He reminded the Bar that “both the Criminal Code and the Penal Code provide punishment for malicious or injurious falsehood”.
Justice Tsoho added: “For lawyers, the Rules of Professional Conduct can apply.
“On the part of judges, there is a crying need to revive the exercise of the power of contempt to protect the integrity of their persons and the courts.
“Their reluctance to employ this potent weapon should not be seen as a sign of ignorance or cowardice.
“Justice Tsoho, who noted that it was not unusual for litigants to be dissatisfied with the court’s decisions, said the realisation was the reason lawful avenues were created in the Constitution to challenge court’s rulings or judgments.
“The right of appeal is constitutionally guaranteed with regard to both civil and criminal litigations. The essence of this narration is to demonstrate that the legitimate manner of challenging a court decision is through the appeal process.
“If, however, a litigant genuinely and strongly feels that a judge has misconducted himself in handling the case, such a litigant may then quietly make a written complaint to the National Judicial Council (NJC) for redress instead of holding press conferences to criticise judicial decisions.
NBA’s response
Also at the same event, the NBA asked judges and court managers to urgently address what it described as “existing doubt in public domain about accountability in the nation’s judicial system.”
NBA President Afam Osigwe (SAN) said: “The perception by Nigerians is that our courts do not give justice; waste a lot of time; are corrupt, and do not protect the indigent, rights, and interests of the citizens.
“Some of these decisions not only do violence to laid-down precedents but also introduce a lot of uncertainties and contradictions/ conflicts into our jurisprudence.”
Osigwe said it worries the bar that there is a growing belief by many Nigerians that judgments can be influenced by extraneous factors.
These perceptions, he noted, erode trust in our judicial institutions.
“I will use this opportunity to remind us that while the judiciary is the custodian of justice, public trust in its integrity must be maintained,” the SAN stressed.
Osigwe admitted that while appeals exist to test the veracity, tenacity and brilliance of judges, some parties, after appealing the decision of a judge, proceed to petition the NJC on the same issue.
Criticisms of the judiciary
One of the major causes of the breakdown in the Bar/Bench relationship seems to be the lack of trust.
A study by the United Nations Office on Drugs and Crimes (UNODC) found that corruption amongst judicial officers has eroded “public confidence in the judiciary.”
A representative of the UNODC, Melissa Omene, stated this at a judicial accountability event in Abuja organised by Tap Initiative, a not-for-profit organisation.
Speaking on the 2019 survey conducted by the UNODC and the National Bureau of Statistics (NBS), Ms Omene said it “found that 20 per cent of those who had contact with the Nigerian judiciary were confronted with a request for the payment of a bribe.
“Indeed, corruption in the Nigerian judiciary is extensive and both male and female judges are party to it.”
A report by the Centre for Law Enforcement Education (CLEEN) Foundation found that 61 per cent of judges/magistrates and 61 per cent of correctional services consider corruption a prime issue.
Meanwhile, 82 per cent of judges/magistrates and 78 per cent of ICPC personnel consider lack of independence as a huge constraint to service delivery.
A former Chairman of the National Human Rights Commission (NHRC), Prof Chidi Odinkalu, in an article titled: “Nigeria’s Federal High Court: A Scandalized Court” said judicial officers were part of the problem.
He wrote: “The crime of ‘scandalising the judiciary’ has largely fallen into disuse. It assumed that the people who scandalise courts were always others rather than judicial staff, or even judges themselves.
“In Nigeria, the people most likely to scandalise the judiciary these days sit in most cases as judges and magistrates.”
Odinkalu referred to the abuse of court orders by judges as an example.
He said: “New Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, warned that under her watch, obedience to court orders will be ‘non-negotiable. No individual or institution, irrespective of their standing, will be permitted to treat the judgements of our courts with levity or disregard. The Judiciary stands resolute in ensuring that the sanctity of our legal decisions is upheld.’
“Regrettably, Madam CJN labours under the misapprehension that it is always possible or easy to know what the order is that is to be obeyed.
“The joke is that court orders these days are so lucrative that many judges make them – in good old Nigeria-speak – double-double. Responsibility for this sorry state lies mostly with the Federal High Court.”
Odinkalu cited the ancient city of Kano which he said now has two Emirs, one state and the other federal after a judge decided to take chieftaincy into the federal realm.
He also cited the case of Edo State which had two deputy governors at a point.
“By dint of the judicial labours of Peter Lifu, a judge, the Federal High Court also attempted to impose two separate dates on Rivers State for the conduct of Local Government elections after Chigozi Igwe, a judge of the High Court of Rivers State, had issued a considered decision setting 5 October as the date for the election,” Odinkalu said.
Rebuilding a broken relationship
Senior lawyers shared their thoughts on how to mend the broken relationship.
They include Chief Wale Taiwo (SAN), Babatunde Fashanu (SAN) and activist, Chief Loius Alozie (SAN).
To Chief Taiwo, the issue raised by Justice Tsoho is a concern already shared by many.
He noted that there had always been occasional disagreements between the Bench and the Bar over the years but the recent dimension is worrisome.
He said the Rules of Professional Conduct (RPC) for legal practitioners are designed to instil discipline in the members of the legal profession.
Amongst its cardinal rules are the defined relationship expected of lawyers in their dealings and interactions with judges.
“Lawyers are officers of the court and topmost in the RPC is the duty to treat the court with respect, dignity and honour.
“Both in verbal and non-verbal interactions, the duty to show respect and treat the court with dignity and honour cannot be overstated,” he said.
Chief Taiwo believes there is a loss of respect due to politically influenced recruitment processes for judges and justices.
He said: “The vocation of a judex is a life of sacrifice. Taking up the job entails that once you’re appointed to the bench, you have it at the back of your mind that some hitherto relationships and ties must be weighed critically and assessed against the backdrop of the need to avoid getting influenced.”
He lamented that what judicial appointments have thrown up in recent times believe that ethical balance.
“We have a perception amongst some lawyers that some judges are politically beholden.
“Not just beholden but that some judges have godfathers, hence no matter indiscretion traceable to such judges, appropriate sanctions may not be meted to them.
“The result is to view some of the judges with contempt especially when counsel in cases with unfavourable verdicts or outcome of cases felt that there’s been a perversion of justice.”
Chief Taiwo argued that judges and justices must understand that the life of judging and deciding cases is beyond the physical realm.
“By the powers vested in a judex, lives of individuals, families, communities and even nations are altered with consequences, good or bad.
“Judex who have earned respect or reputed for their steadfastness and upholding their judicial oaths are hardly subject of attacks for not yielding to overtures and influences of the political class.
“It comes from the judges and justices abiding with their code of conduct,” the SAN said.
He noted that there are judges who still want to wine and dine or live like members of the political class and end up getting compromised.
“A serious judge must draw the line and ensure that lawyers representing politically exposed persons don’t get too close for comfort.
“It’s easy to get manipulated and maligned once a judge fails to draw the line.
“As for the members of the bar fond of desecrating and maligning judges, the disciplinary committee of the bar must be up and doing.
“Attacks on judges have tendencies to erode and undermine public confidence in the judicial system.
“When not satisfied with the decision of the court and there exists an opportunity to seek appellate review, a counsel should utilise the opportunity or direct petition to the NJC.
“Lawyers must uphold ethics and ensure that our foremost duty to treat courts with respect, dignity and honour is non-negotiable,” he said.
‘Attack comes when cases are lost’
Fashanu noted that attacks on judges always happen when some lawyers lose cases.
“But when they win, there is no corruption allegation attached. The judge is a saint. The judge is the most brilliant judge in the whole world. It’s always been like that.”
Fashanu said a sound lawyer, whatever the outcome of a case, would look at the judgment and take it up on appeal.
“But then we now have some people accusing the Supreme Court of corruption, but where is the evidence? It’s just a perception.”
Fashanu said rather than attack judges, a lawyer who feels strongly about an issue should complain to the appropriate authorities.
The NJC, he noted, would always give everyone a fair hearing.
“Sometimes, judges are disciplined, sometimes with the ultimate punishment of dismissal or compulsory retirement.”
To Fashanu, accusing judges of corruption on social media without evidence is uncalled for and casts the profession in a bad light.
“Judges are not heard in public. It is lawyers who ordinarily should defend them. So, attacking judges is uncalled for,” the SAN said.
Why lawyers attack judges
Chief Alozie urged Justice Tsoho to look inwards and call erring judges to order.
He said: “A lot of crooks are on the Bench and Bar. There is corruption everywhere.
“The attacks of recent have been more on judges of the Federal High Court, some of whom are known to disregard the constitutional delineation of jurisdiction between Federal and state high courts.
“The Federal High Court judges operate as if they are superior to state high courts when in fact they are courts of coordinate jurisdiction.
“The Federal High Court judges sitting in Abuja now act as if they have supervisory jurisdiction over the affairs of states and local governments.
“They, by their judgments, leave no one in doubt that they are dancing to the tune of the Executive arm of government, especially at the Federal level.
“When they churn out the political judgments without regard to the law and the constitution, how do they expect members of the public, particularly members of the bar, to jeep quiet?
“Hon. CJ of Federal High Court should rather caution his judges to stop marketing or trading with their judgments, and do what is right.
“I recently saw a cartoon where a frustrated Nigerian stated: ‘I have tried every business I know of without success. I am now considering establishing a Federal High Court.’
“That cartoon was made by an enlightened journalist, not a member of the Bar.
“Our Federal High Court judges are taking all of us for a ride, and we are entitled to protest.
“Their lordships should repent and save all of us the shame their conducts bring.”
