Attack On Judges: Public Sentiments Can’t Displace Law, Say CJN, NBA

The Chief Justice of Nigeria, Olukayode Ariwoola, on Monday, said public opinions and sentiments could not displace the law of the country, urging judges to be impartial in discharging their duties.

His position was backed by the Nigerian Bar Association, as it condemned the attacks on the judiciary in recent times.

Ariwoola, who spoke at the special court session to mark a new legal year and swearing-in of new Senior Advocates of Nigeria in Abuja on Monday, also said most cases should end at the Court of Appeal.

He insisted that the appellate court was competent, and well-equipped to adjudicate effectively on most matters.

He urged Nigerians not to take every dispute to court, stressing that not all appeals should be brought to the apex court for adjudication.

He said, “Even as we celebrate the successes recorded in the past legal year in the disposal of cases, I would like to admonish all Nigerians on the imperative of being less litigious and be more disposed to alternative dispute resolutions to free the courts of this unnecessary over-stretching of both human and material resources. I have made it clear on different occasions that it is not every dispute that must find its way to the court, and it is not every matter that must come up to the Supreme Court on appeal.

“Our laws have to be amended to make most appeals to end at the Court of Appeal, which is competent, dexterous, and well-equipped with the right materials and manpower to adjudicate effectively and resourcefully. In every dispute, only one party must win; and winning could come after intense legal fireworks that are transparent and based solely on subsisting laws of the land. We cannot import foreign laws to try our cases here, as some litigants would erroneously and desperately want us to do in the quest to get victory.”

Ariwoola also urged judicial officials not to be intimidated by the actions of mobs or crowds, adding that cases should not be determined by sentiments.

He said, “The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to sever the strings of emotion from logic and assumption from fact. We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.

“Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided. I admonish our judges to, as usual, receive what is tendered in court and eschew what is against the law and facts after thorough analysis and assimilation both in and out of court, which exercise is, of course, part of judgeship.”

The CJN also called for statutory protection for judiciary independence at the federal and state levels.

He said, “We expected the independence of the judiciary to be given adequate statutory protection, not just at the federal level alone but equally at the state level so that they could be seen to be truly and genuinely independent in all ramifications. The rule of law, with all its well-understood facets, has been highly questionable since the advent of democratic governance in 1999.”

Ariwoola, however, called on the judges not to be partial while discharging their duties, describing impartiality as the hallmark of a judge.

He said, “Therefore, it is our solemn responsibility to keep the river clean at all times. Needless to say, impartiality is the hallmark of a Judge. So, I admonish all of us to always be impartial in all our judgments. I am saying all these now because I will never have this great privilege and opportunity to address the galaxies of legal luminaries, judicial icons, and distinguished personalities in the justice sector of our dear nation in another legal year of the Supreme Court as Chief Justice of Nigeria in my entire lifetime again.”

Ariwoola urged judicial officers to be honest while discharging their duties, stressing that his expectation was for “every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses, and members of the bar, and discharge all your judicial functions with all the humility at your command.”

He stated that while doing this, it was still necessary for judicial officers to have at the back of their minds that public opinions, sentiments, or emotions could never take the place of the law in deciding cases.

Ariwoola said the apex court received 1,271 motions and appeals between September 2022 and July 2023.

According to him, the apex court heard 388 political appeals, 215 criminal appeals, and 464 civil appeals.

He said, “The matters filed at the Supreme Court from September 12, 2022, to July 11, 2023, are 1,271, comprising motions and appeals. Out of these, we heard 388 political appeals, 215 criminal appeals, and 464 civil appeals. Similarly, the court considered a total number of 49 criminal motions, 153 civil motions, and two political motions.

“Between September 30, 2022, and July 11, 2023, the Supreme Court delivered a total number of 251 judgments. Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals. Within the period under review (precisely 10 months’ duration), a total number of 91 Rulings were delivered by the Honourable Court. “

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, called for a reduction to the number of appeals that get to the apex court.

He said, “We must begin to develop innovative solutions towards enhancing the working capacity of the Supreme Court, cutting down on the number of appeals that get to this Honourable Court, implementing critical judicial reforms, as well as adopting alternative dispute resolution mechanisms.”

Advising the SANs, Fagbemi warned that unlike before if the rank is withdrawn, it would not be restored.

He said, “One of the highlights of the new guidelines is that, unlike the 2018 guidelines which contain provisions for discipline of erring holders of the rank and for the restoration of the rank after three years of withdrawal upon the fulfillment of certain conditions, the 2022 Guidelines makes no provision for the restoration of the rank after withdrawal.

“ In other words, once the Legal Practitioners Privileges Committee under the provisions of Paragraph 26(4) of the Guidelines withdraws the rank from any holder who may have breached the provisions in sub-paragraph (a)-(h), the withdrawal is final and the rank cannot be restored afterward. “

He also warned them against analysing cases before the courts in the media.

Fagbemi said, “It is unprofessional for a legal practitioner nor a Senior Advocate of Nigeria to be seen engaging in the analysis of cases pending before the court. It is fast becoming a sad norm and regrettably so, for legal practitioners to appear on television or radio stations discussing pending matters. We have also seen lawyers after court sitting discussing what transpired in the proceedings. You must resist the urge to engage in such practice. You must also reject the temptation by media houses inviting you to analyse or discuss pending matters.”

The President of the Nigerian Bar Association, Yakubu Maikyau, SAN condemned the attacks on the judiciary in recent times.

According to him, 90 per cent of the attacks were from election-related matters.

He said, “There has never been a time in our history that the judiciary came under attack like this time, and my lords will agree with me that more than 90 per cent of these attacks stem from election-related matters, which in so many ways have affected the other matters being handled by the courts. The question is, why do we have the preponderance of these accusations arising from electoral matters? – in cases dealing with politicians and political interests.”

The NBA president noted that the allegations by politicians had impacted the public perception of the judicial system.

He said, “The accusations and name-calling have, however, in recent times acquired a dimension that calls for grave concern and action. Whether we like it or not, it is these accusations, unfounded as they may be or can be, arising from these political matters, that have largely shaped the public perception of the judiciary in Nigeria. Have we, members of the Bench and Bar, who are privileged to be the ones to guide the public in regard the matters of justice, contributed in any way to fuelling this negative public perception? “

He, however, urged judges to be above board and ensure justice was seen to be served in every matter.

 He said, “It is in this wise that your lordships must not only serve justice but must ensure that justice is seen to have been served. As a matter of fact, beyond these, your lordships are under an additional duty to persuade or convince the public for whom justice is served, that indeed, justice has been served in any given situation. This duty, my lords, cannot be discharged by either the executive or the legislature. It is the exclusive preserve of the judiciary.

Commenting on the submission of Ariwoola, the leadership of the Labour Party called on the CJN to set up an internal audit that could go after erring judges and lawyers in the legal profession.

The chief spokesman for the LP Campaign Organisation, Yunusa Tanko, said that some justices should be prosecuted, given the manner they handled certain cases in the aftermath of the 2023 general elections.

Although Tanko refused to give names, he lamented that the judiciary had been infiltrated by the executive arm and some corrupt politicians to the detriment of the masses.

He said, “I sincerely think there is a need for checks and balances in the judiciary. For instance, there is what they call an internal audit of the police. There is also the military police that apprehend soldiers who are criminally minded.

“The judiciary also needs its own police to arrest and prosecute any judge or lawyer that contravenes the ethics of the profession or brings the profession to the level of disdain.

“The checks and balances we are talking about should be devoid of the intervention of the executives because it is obvious that that arm and some politicians have found a way of corrupting and disgracing our judiciary just like the way they did to INEC. Now we don’t have any respected institution again that people can place their hope on. It is so disappointing.”

On his part, the National Director for Publicity for the APC, Bala Ibrahim, chided the LP campaign spokesman, whom he claimed was merely raising a smokescreen to mask his true intention.

Ibrahim argued that if given the chance, the opposition, especially the LP, would wish away all the legal actors who took part in post-election judgments including CJN.

He said, “In their hallucination after the court losses, particularly the Labour Party, which hinged its support on social media speculations and hullabaloo, they will not hesitate to call for the overall amendment of the constitution to make a declaration for the president to be done on social media.

“They are people who are not in touch with reality. Everything about them is artificial including their mode of thinking. So they are always quick to blame everything on the judiciary. I am sure if they have their way, they will call for the removal of everybody including the CJN. They are just being economical with the truth. We see this as the hallucination of defeat.

“Of course, there are checks and balances in the judiciary since 2020 or thereabout. There have been checks in order to correct some. The judiciary has been sanitising the system of corrupt lawyers and judges. It is not for the politicians now to tell the judiciary how it is going to operate. Each arm of government is independent and should be allowed to do its job without interference.”