Introduction

The court as the third realm of government, is the only branch of government not made up of elected representatives but of personnel appointed to perform the very fundamental role of adjudication in society, which sometimes has a greater effect on the lives of the people much more than the actions of the other two arms of government.

In the words of Justice Nnamani:

“It has been generally acknowledged that the judiciary is the guardian of our constitution, the protector of our cherished governance under the rule of law, the guardian of our fundamental rights, the enforcer of all the laws without which the stability of society can be threatened, the maintainer of public order and public security, the guarantee against arbitrariness and generally the only insurance for a just and happy society.”

See “The Justice: A Journal of Contemporary Legal Problems, Vol. 1 No. 3 (1990) P. 27.”

Sowore’s Arrest Saga

Every observer of socio-political developments in Nigeria, would have known how the sacred temple of justice was brutally desecrated by the operatives of the Department of State Services (DSS). This incidence happened at an FCT High Court presided over by Hon. Justice Ijeoma Ojukwu, when the DSS operatives sought to re-arrest him inside the court room, thereby causing a commotion that resulted in the court rising abruptly for the day.

Although, this incidence has been rightly condemned by both local and international media, our view is that this incidence be rightly considered as an attack too many against the integrity and independence of the judiciary in Nigeria and should be treated as a trigger-point issue!

This latest attack ought to and indeed, should galvanize a consensus amongst the stakeholders in the judiciary – the Bar and the Bench and indeed all lovers of democracy.

It is indeed, heart-warming that this latest attack on the integrity of the court has re-opened the covered wounds of previous attacks on the court by this present government. It would be recalled that this government has been very consistent in disobeying several court orders, mandating the release from custody, the former National Security Adviser, Col. Sambo Dasuki (rtd) and the leader of the Shites Movement, Ibraheem Ezalzaky and his wife. It would also be recalled that the Attorney-General of the Federation, Mr. Abubakar Malami, SAN, had while (while sitting on appeal) over Dasuki’s case, posited inter alia (among other things), that obeying the order of court, mandating Dasuki’s release from custody would not be in the interest of national security. How else can one explain the meaning of impunity to a lay man?

It is our contention that all these multiple assaults against the judicial integrity and independence, should galvanize a “save the Nigerian Judiciary” solidarity amongst critical stakeholders in the justice sector. It is in this direction that all lovers of democracy and indeed, critical stakeholders must rise up in loud ovation in support of the bold position of the Ondo State Governor, Mr. Oluwarotimi Akeredolu, SAN, when he stated that with the way things are going in the country, that he foresees a situation where if nothing is done by critical stakeholders, judges may soon be suffering the fate of an arrest during court sittings.

Indeed, Governor Akeredolu has by his position displayed rare courage and has also decisively justified that he is a true Bar man – little wonder he was chosen by his colleagues as one time president of the Nigerian Bar Association (NBA).

It is instructive to note that Governor Akeredolu is not only a governor under the platform of the ruling All Progressives congress (APC)- which has since feebly attempted to justify the condemnable conduct of the DSS, but is also one seeking a re-election on the same platform.

Justification for our position

It is a proven fact of good governance that every thriving democracy does so on the wheels of the application and practice of the doctrine of separation of powers. It is in this wise that the renowned United States of America statesman and Federalist, James Madison posited that:

“…there can be no liberty where the legislative and executive powers are united in the same person or body of Magistrates or if the power of judging be not separated from the legislative and executive powers.”

Flowing from the above, we posit that the strategy of this governent is to employ clandestine moves aimed at silencing the independent voice of the judiciary and indeed any other dissenting voice in the country, including the media; having already pocketed the National Assembly by the installation of pliable individuals at the helm of affairs in the both chambers of the House of Representatives and the Senate.

As if the above was not enough, this present government, which by every indication, is leaning towards full blown dictatorship, has recently sponsored a bill in the National Assembly, aimed at criminalizing free speech; in their bill christened “ Hate Speech Bill.” What other warning signal does the Nigerian Judiciary need to in other to courageously act in defense of the Constitution- knowing that it (the judiciary) is the ultimate target in this ensuing onslaught against democracy in Nigeria; albeit by the same person(s) who swore to protect it? Particularly given that an independent judiciary can only be possible in a democratic atmosphere where there is freedom of expression under a virile press.

It is a trite principle of law that a court of law, which is also a court of equity must never indulge a person or party who is in disobedience of an order of a court of competent jurisdiction. See the recent Supreme Court case of All Progressives Congress V. Ibrahim Umar & ORS (2019) LPELR – 47296 (SC). This principle, no doubt, is a time-honored principle through which the court of law and equity protects her independence and integrity.

It is in this direction that we submit that any act of countenancing any further criminal charge against Sowore by the Federal Government or any of its agencies by any court of law in Nigeria, when the order of court ordering the release of Sowore is still being trampled upon by the DSS, would tantamount to self-death sentence pronouncement by the judiciary in Nigeria.

Conclusion

At this point, self-preservation remains the wisest option for all stakeholders in the judiciary and the justice sector. In this direction, the Judiciary Staff Workers of Nigeria (JUSUN) is called upon as stakeholders in the judiciary, to lend a solidarity voice to the judges by embarking on an industrial action aimed at compelling this government of President Buhari to obey all the orders court so far. In the same vein, the Chief Judge of the Federation, the NBA President and even the Attorney-General of the Federation are called upon to urgently convene an emergency stakeholders meeting aimed at addressing the emerging issues challenging the independence of the judiciary in recent times.

The step taking by the Body of Senior Advocates of Nigeria (BOSAN) by unequivocally condemning the condemnable conduct of the DSS and making positive demands on the Presidency, is highly commendable. On the other hand, the undignified silence of a principal stakeholder in the judiciary such as The Hon. Justice Muhammed Tanko, the current Chief Justice of Nigeria is, with due respect, quite worrisome.

The recent feeble attempt by the Attorney-General to wash off his hands like Pontius Pilate, with respect to the continued illegal detention of Sowore by the DSS is not only embarrassing to this government but a testament of the irreversible path of perdition which this government has trodden.

The Attorney-General and indeed other holders of the levers of power in this present government are well reminded that power, is transient with men, but only permanent with God Almighty; hence, He will certainly give it to other persons who may call the acts of this current government for reckoning in no distant time. The ordeals of two former Attorneys-General in the persons of Michael Andoaka and just recently, Mohammed Bello Adoke should call him to a sober moment of reflection.

May we draw the curtain of this paper with the immortal words of a German Theologian and Lutheran Pastor, who opposed the Nazi regime in the 1930s:

“First they came for the communists, and I did not speak out because I was not a Communist; then they came for the trade unionists and I did not speak out- because I was a trade unionist; then they came for the Jews and I did not speak out because I was not a Jew; then they came for me- and there was no one left to speak out for me.”

Today, the ill treatment may be directed at Hon. Justice Ijeoma Ojukwu ( for obviously having the guts to order the release of Sowore within 24 hours). However, I make bold to state that any judge who will entertain any further charge against Sowore in flagrant disobedience of a valid other of court may be the next victim of this burgeoning state lawlessness and tyranny.

A word, they say, is enough for the wise.

Gift Agbagbuo is a Constitutional Lawyer, based in Port Harcourt, [email protected].