Concerned 20

These SANs deserve support in their effort to sanitise the judiciary

The report that 20 Senior Advocates of Nigeria (SANs) have challenged themselves to work with relevant agencies to fight sundry malpractices in the legal profession gives hope that all is not lost. To pretend that all is well with the legal profession in Nigeria, as the majority of their colleagues at the bar and the bench have done, is clearly playing the ostrich. So, we commend the concerned SANs and, as the saying goes,: it is better late than never.

The concerned SANs have listed their strategy to review and reform the following critical aspects of the justice delivery system, namely: “the composition, constitution, functions and internal controls of the National Judicial Council (NJC); the process for the appointment, continuing education and promotion of judicial officers; the process for the discipline and regulation of judicial officers; the terms and conditions of service of judicial officers and judicial ethics, values and the relationship of the bench with the bar.”

Also included in their area of focus are: “the process for the appointment of lawyers to the Body of Benchers; the composition, constitution and internal controls of the Legal Practitioners Privileges Committee; the process and criteria for the conferment of the rank of Senior Advocate of Nigeria; the roles and responsibilities of Senior Advocates of Nigeria as leaders of the bar; the regulation and discipline of legal practitioners; ethics, values and standards of legal practice.”

Furthermore, they want a review of “the composition, constitution and internal controls of the National Executive Committee of the Nigerian Bar Association.”

We have no doubt that the SANs have given themselves onerous responsibilities, and their colleagues who prefer the status quo will do whatever they can to discourage them. They must expect that, like fighting corruption, those who are benefiting from the scandalous state of affairs in the legal profession will fight back with vigour.

But they have shown wisdom in appreciating that it is better the inevitable cleansing of the legal profession come from within, even when they are not statutorily empowered to tackle the rot in the profession. Their intervention has become critical, because, unfortunately, both the NJC and the Nigerian Bar Association (NBA), statutorily empowered to self-regulate the bar and bench, respectively, are in terrible shape. The malaise is such that the heads of both institutions are standing trial for egregious corrupt practices.

So, when as in the matter of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who heads the NJC, the head of the NBA, Mr Paul Usoro SAN, also on trial for corrupt practices issued a statement on behalf of the NBA in favour of the CJN, most members of the society scorned the intervention as a charade. That contempt for the intervention of the NBA is a pointer that sooner than later, members of the public may begin to treat court judgments with utter contempt.

Should that day come, the entire society would become a jungle, where survival of the fittest will become the rule of the game. Such scenario may be imminent unless the good intention of the concerned 20 SANs is helped to bear fruit. A situation where, as stated by them “unscrupulous litigants and some complicit lawyers, including some senior advocates, procure judgments and orders by corrupt means,” is without any doubt a clear invitation to anarchy. A common example is the untidy scramble to procure sundry court orders whenever an important person is on trial.

In making the intervention, the 20 SANs recognised appropriately the challenge facing their profession. They said the action is “a recognition that the events which have resulted in this debacle (the case of the CJN) is in fact a manifestation of and response to a deeper malaise in the administration of justice and justice delivery in Nigeria.” Any lawyer, whether at the bar or bench, who does not appreciate the enormity of the crisis of confidence facing the legal profession is living in denial.

But will their colleagues feasting on election tribunals stop to reflect? Will their colleagues paid billions of naira from public coffers as professional fees give a damn about the tragedy their conducts have infested the nation? Of course, they know that no private person will pay such humongous sums as professional fees from their private earnings. The senior lawyers involved will want the party to go on. Nevertheless, we commend the concerned SANs, namely: Ebun Sofunde, Kayode Sofola, Kola Awodein, Ademola Akinrele, Osaro Eghobamien,  Babatunde Fagbohunlu, and  Wemimo Ogunde. Others are: Dr. Eyimofe Atake, Mrs. Olufunke Adekoya, Mr. Oluwafemi Atoyebi, Mr. Yemi Candido-Johnson, Mr. Olasupo Shasore,  Dr. Babatunde Ajibade, Jibrin Okutepa, Mr. Olumide Sofowora, Prof. Ernest Ojukwu, Mr. Olatunde Adejuyigbe, Dr. Adewale Olawoyin, Mr. Adeniyi Adegbonmire,  and Mr. Oyesoji Oyeleke. We them not to be distracted. Other senior advocates interested in the cause should join them.

As Burke once said, for evil to succeed, it is only necessary for good men to do nothing. Evil men have prevailed for far too long in the judiciary; it’s high time good men did something.