By Bayo Akinlade Esq

Fighting Corruption is not an easy task. Our government says they are backing up the fight, all institutional heads claim they are supporting the fight but I am worried.

Nobody can fight corruption if the very things that cause corruption are not attended to and removed from the system.

You cannot place a burden on the Justice Sector and not be prepared to equip the Judiciary to be as effective as possible.

My write up today is however about something else and very recent.

For every 500 or so lawyers there is just one Magistrate. This puts the Magistrate at the eye of the storm. They are our colleagues who chose a public life to serve in the Judiciary as Judges (they are Judges by every sense of the word). So it is understandable when many find fault with them and criticize their actions and judgements.

Recently I heard that Magistrates are required to write an exam to be conducted by the Executive arm of Government and I couldn’t believe what I heard. However, this was sadly confirmed to me so I ask:

1. Who do our Magistrates work for or answer to?

2. As Lawyers and Professionals, our Magistrates (A few of whom have Doctorate and PhDs) would be tested by a lay person in the employ of the State Government?

3. What happened to the Judicial Service Commission, are they not independent?

4. Is the Judiciary not independent?

There are many questions to ask and it bothers me that a Lawyer would have to even write an exam to become a Judge or Magistrate let alone write exams to remain one.

The practice of this Profession is noble. Back in the day, appointment to the Bench was done by referrals. We chose those amongst us who had the necessary qualities and character to sit on the Bench. We didn’t choose those with the best academic results neither was an examination required. But today, because of the corruption even in the appointment process, exams are used as an instrument to undermine the integrity and the professionalism of the Judiciary.

I therefore call upon our Honourable Chief Judge and the NBA leadership to resist any attempt to subject the Judiciary to any sort of embarrassment.

Our Magistrates, once appointed, are deemed to be fit and proper to be appointed and they ARE JUDICIAL OFFICERS and not just civil servants as understood by others.

Our Magistrates deserve the respect and the honour the office holds. Let us protect the institution of the Judiciary where only LAWYERS are it’s conscience, engine room and soul.