Be Credible In Your Judgements – TheNigerialawyer

*116,623 cases pending before Federal High Court
*Body of SAN makes case for specialised courts
* NBA: Judiciary independence under threat

The Attorney General of the Federation (AGF) and Minister of
Justice, Abubakar Malami (SAN), yesterday, told judges to be
credible in all their judgements and rulings.

This, he said, will ensure that the sacred integrity reposed in
the courts remain unshaken at all times in order to foster and
promote public confidence in all judgements and rulings that
emanate from the court.

Malami, who made the call in Abuja during the special court
session held by the Federal High Court to mark the commencement of
the 2019/20 legal year, however appreciated the court over the
speed at which it handled pre-election matters in the wake, during
and after the general election.

“This court has set the records straight, which helped the
Independent National Electoral Commission (INEC) to effectively
field the right candidates for the elections and the efficient
conduct of election processes,” he said.

Malami urged lawyers to cooperate with the Federal High Court in
ensuring that the dignity, integrity and credibility of the court
are not put to ridicule.

He said: “We must collectively shun fraudulent practices and to
render sound and unbiased advice to our clients based on laid down
laws and not on sentiment. We should also not be seen encouraging
our clients to ridicule this court into doing the impossible. As
ministers in the temple of justice, we must together foster the
desired growth for a better society because this court, on its own,
can only do little as permitted by law.”

The Acting Chief Judge of the court, Justice John Tsoho, while
declaring the new legal year open, revealed that 116,623 cases are
pending before the courts across the country.

According to him, “16,144 cases were filed in this quarter alone
in which 12,692 have been disposed of. It is obvious that the
judges were overburdened with work in the last legal year.

“We therefore need to engage more judicial officers to help out.
However, it does appear that there was no provision for appointment
of judges in the current budget. I will make effort to discuss with
the relevant stakeholders to see to the visibility of facilitating
the recruitment of more judicial officers in the course of the
year.”

Also speaking, the body of SAN, represented by Chief Adegboyega
Awomolo, called for specialization of courts.

The group said: “The challenge, which we wish respectfully, to
place before my Lord, the Chief Judge is to break this court into
specialized divisions. What I mean is that the era of general
jurisdiction in one judge, has shown that a judge in each day, has
over 25 cases to deal with. Their claims or causes include
political matters under Electoral Act, criminal matters under
National Drug Law Enforcement Agency (NDLEA), National Agency for
the Prohibition of Trafficking in Persons (NAPTIP), Economic and
Financial Crimes Commission (EFCC), Independent Corrupt Practices
and other related offences Commission (ICPC) and sundry crimes.

“In the same cause list, you have suits on aviation, fundamental
enforcement, bankruptcy and insolvency, terrorism, mines and
minerals including pollution, natural gas, including arbitration
matters, arms and ammunition, cybercrimes treasonable felony and
allied offences and interpretation of the constitution causes. The
learned trial judge moves from law to the other within hours with
rulings and judgements to be delivered thereon.

“My Lord, specialized divisions of the federal court will lead
to specialization, increase productivity and reduce the much talked
about delay in the administration of justice arising from
unnecessary work load. The calls and argument for “Special
Corruption Court” will pale into insignificance and spent.

“We are in 20th Century, where information technology has become
a tool for efficient management of cases, resources and time in the
administration of justice. It is not an impediment to elevation
even up to the Supreme Court.

“All you need is to invest in training, retraining and
continuous education in the specialised fields. The judges will
suffer less stress and pressure. We believe the greatness of the
court lies in creativity and innovation and so, respectfully,
recommend this idea for the consideration of all stakeholders.”

The Nigerian Bar Association (NBA), on its part, stressed that
the independence of the judiciary is under threat by the executive
arm.

The President of the Bar, Paul Usoro (SAN) noted that it is not
for nothing that the Federal High Court is described and looked
upon in terms that suggest its ranking as primus inter pares in the
hierarchy of High Courts in the Nigerian Federation.

According to him, “The gamut of its jurisdiction, both exclusive
and concurrent, stands it out. But more than that, it is the
primary High Court in the federation that has jurisdiction over the
entire federation, with its divisions dotted all over the
country.

“Your Lordships therefore have the unique advantage of being
periodically transferred from one division of the court to another
and in that process, Your Lordships get to work in, know and
understand all the different component units of the Nigerian
Federation and also appreciate the different quirks and
idiosyncrasies of the people that make up this great country.

“Your Lordships are therefore in a prime position to pronounce,
as Your Lordships always do, through this Honourable Court’s
decisions, that, though tribes and tongues may differ, we remain
one great country and are strong in spite of and indeed because of
both our diversity and unity.

“It is in that context that I specially congratulate Your
Lordships for stepping forward at critical moments to reaffirm and
cement the bonds of our Nigerian unity through the various
pronouncements and decisions of Your Lordships’ courts.

“The opening of the legal year traditionally affords the Bar and
the Bench the opportunity for introspection and to ruminate on
national issues particularly those that affect the justice sector.
Topping the list of such issues at all times is the need to promote
and protect the rule of law in all its ramifications. That need is
perhaps more pronounced today given the siege under which the
justice sector is currently operating, evident in the open and
sometimes veiled incursions by the executive arm and its agencies.
In particular, the independence of the judiciary is under severe
threat.

“To be exact, the independence of mind and thoughts by Your
Lordships in the determination of matters before the courts is
under severe siege. The executive arm of government and its
agencies are increasingly and unceasingly critical of the judiciary
and its decisions, particularly in matters that the government and
its agencies may be interested in. It is not unusual these days to
hear high officials of government talk down the judiciary and
ridiculously and rather ill-advisedly dump all the ills of society
on the judiciary.

“Decisions by Your Lordships are sometimes brazenly denigrated
and attributed to ulterior and ill motives – and these on social
and traditional media platforms. Veiled and sometimes open and, in
all cases, audacious attempts are made to teleguide and programme
the decisions of courts. These are very dangerous practices that
destroy the independence of the judiciary and by extension the rule
of law and indeed the fabric of our society.

“The society needs and can only survive if we have
independent-minded judges, who are empowered to dispense justice to
all manner of men, including government departments, without fear
or favour. We can only survive as a nation if the independence and
vibrancy of the judiciary, particularly, the non-interference with
the thoughts and decision-making processes of Your Lordships, are
guaranteed and protected.”

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