SPEECH BY THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION AT THE OPENING OF THE 2024/2025 LEGAL YEAR OF THE EBONYI STATE JUDICIARY

Protocols

I am honoured to share in this occasion which happens to be my first official visit to Ebonyi State after my inauguration as President of the Nigerian Bar Association. The opening of the legal year is a time for reflection, renewal, and rededication to the values of justice, fairness, and the rule of law. It provides an opportunity to acknowledge the work done by the judiciary in the past year and look forward to challenges and opportunities.

Each time I participate in events like this, I cannot but recall the words of Amos 5: 24 “But let justice roll on like a river, and righteousness like an ever-flowing stream.” This passage reminds me that the judiciary has an onerous duty of ensuring that justice flows like a river and quench the people’s quest for resolution of their disputes with the state and against one another.

This is why the judiciary is seen as the last hope of the common man and the backbone of a just society. At its core, it serves as a defender of rights, a dispenser of justice, and an essential force for maintaining societal order.

When courts operate with fairness and efficiency, trust is cultivated, and society flourishes. Oftentimes, as is the case in Nigeria, there is a huge gap or disconnect between reality and perception in the societal perception of how well the judiciary has performed its task.

In the speech I delivered at the Legal Year Ceremony of the Supreme Court on September 30, 2024, I borrowed the words of a past Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher of blessed memory to note that as it stands today, it appears that the society is not entirely satisfied with the performance of the judiciary.

In that speech, I pointed out that while some may argue that the law is not what the statute books say it is, but what the judges say in their judgments (decisions) that the law is, that perception is stronger than reality.

If I had any doubt that perception is greater than reality, such doubt has been eliminated by certain recent events and public reactions to some decisions by our courts. The reactions have gone from the scandalous to the provocative. In one of such provocative reactions which unfortunately went viral, an anonymous person who claimed to be contemplating which profitable business he could establish mused that he could open a court.

While it is worrisome that such a dark joke could be contemplated much less shared, it brought home to me the sad realization that some persons now believe that judgment could be purchased from our courts. Alarmingly, it is gaining ground that Nigerians now believe that justice is for sale. This position seems to be gaining ground increasingly.

In another example, some time ago, some of our colleagues who were victims of robbery, otherwise called “one-chance” in Abuja, recounted how the criminals meted out very severe punishments on them when the robbers found out they were lawyers.

In one incident, the female lawyer recounted how the robbers told her that the lawyers were the cause of the problem in Nigeria. I could not help but wonder what audacity made a robber feel justified in accusing lawyers of being the cause of the problem in Nigeria! I sometimes shudder to think that many citizens, tired by what Hamlet called “the law’s delay” or caught in the intricacies of legal red tape, technicalities, injustice, or legal frustration, must have bitterly echoed Dick the Butcher’s sentiment in Henry IV, Part II “The first thing we do, let’s kill all the lawyers.’

I keep wondering how the legal profession has possibly got it so wrong that lawyers are now seen as the cause or part of the problem in our society, rather than part of the solution. I can only insist that we should not pretend that the societal perception of our work should be ignored. Perception is of utmost importance as reality.

While we must ultimately be concerned with reality, we should not feign indifference to how we or our actions are perceived by others, especially the public. This is of utmost importance in the administration of justice.

At this occasion, I must remind us that Nigerians expect that the only thing that can guarantee them some degree of enjoyment of their fundamental rights, economic development, welfare and security of their lives and property, political development, stability, and sustainability, etc., is effective administration of justice. I must however admit that many Nigerians have come to liken the hope that they would enjoy effective justice delivery in Nigeria to waiting for something that may never arrive.

Whether we all agree or not, there is a strong belief that some of the judgments emanating from some of our courts are driven by considerations other than law. Some of these judgments are so bothersome that they appear to have no regard for judicial precedents or the importance of respecting the contending rights of the parties to the proceedings.

The downside of such judgments is that litigants are now not only using uncouth language to describe the judges and their judgments but, in some instances openly making it clear they would not obey such judgments. These are danger signals we must only ignore at our peril. We must take urgent steps to address these ugly trends before they consume us.

We must make a conscious decision to ensure that judicial officers who give decisions that neither accord with laws, facts, or judicial precedents are seen off the bench, and also ensure that lawyers who are involved in such cases are equally disciplined.

I will not shy away from admitting that it appears that litigants and their lawyers, not only shop for judicial divisions for their cases but also shop for judges. Shopping for judicial divisions or judges, if indeed these happen, must be treated as proof of an attempt to corrupt judges or actual corruption of judicial officers.

For the Judiciary to play its role in dispensing even-handed justice, it must be independent and free from any form of interference or influence. This will enable Judges to determine cases freely and competently based on facts presented before them and nothing more.

It will be a very sad day indeed for the court which is seen as the bastion of hope for the common man to be seen as an “accused” or even “easily controlled to people’s advantage” or “dishonest”. This, indeed will signify the end of everything the judiciary represents. I will say no more.

My Lords, this occasion presents a good platform to declare the NBA’s strong opposition to the proposed Constitution of the Federal Republic of Nigeria (Alteration) Bill, 2023 which seeks to take away the powers of the National Judicial Council (NJC) to make recommendations to the Governor for the appointment of judicial officers of the State High Court, Sharia Court of Appeal, and Customary Court of Appeal, and empower the State Judicial Service Commission to directly advise the Governor on the appointment of judicial officers for the State Judiciary.

It also seeks to transfer the powers of the NJC to discipline judicial officers, recommend judicial officers for removal, and manage the monies of the judiciary, to the State Judicial Service Commission. Specifically, the bill seeks to amend Sections 271, 276, and 281 of the 1999 Constitution, to transfer the appointment and disciplinary control of Chief Judges of State High Courts, Grand Kadis of Sharia Courts of Appeal, and Presidents of Customary Courts of Appeal as well as their respective judges.

Under the proposed amendments, disciplinary control over judges and heads of the Courts would shift to the Governor, on the advice of the SJSC and with approval from the House of Assembly. This grants the executive branch significant power not only over who is appointed to the judiciary but also over which judges may be disciplined or removed.

These proposed shifts raise serious concerns about judicial independence. Judges who issue rulings unfavourable to the Governor or the state government could face disciplinary action or removal, thereby creating a chilling effect on judicial independence. We believe that if the proposed amendments pass, judges may feel pressured to issue decisions that align with the executive’s interests to avoid retaliation or dismissal, thereby compromising their ability to adjudicate cases fairly and impartially.

For instance, in politically sensitive cases such as electoral disputes, land disputes, or cases involving high-profile politicians, judges may face undue pressure from the Governor or politicians to rule in a particular way. Those who refuse to comply may be removed under the guise of disciplinary control, further weakening the judiciary’s independence.

We admit Nigeria has a peculiar federation and political culture. This peculiarity of our federation makes the retention of the National Judicial Council (NJC) imperative. The NJC, as a national body, ensures that uniform standards of judicial conduct, appointment, and discipline are applied across all states.

These national standards are critical in maintaining the integrity of the judiciary, ensuring that judges across the federation adhere to the same principles of impartiality, competence, and independence. By devolving these powers to the State Judicial Service Commission (SJSC), the proposed amendments risk creating a fragmented judicial system where standards may vary from state to state.

Some states may prioritize merit and judicial independence, while others may prioritize political patronage, control, and appointment of persons who would readily do the bidding of the executive. We can therefore say for certain that we will see a rise in political interference and the appointment of friends and associates to positions of authority, without proper regard to their competence and suitability. This lack of objectivity and adherence to standards would greatly weaken the judiciary at the State level, leading to suborned decisions, inconsistent judicial decisions, and further erosion of confidence in the judiciary.

We are therefore of the view that these powers should NOT be taken away from the NJC. If one can conjecture from the ways the State Governors have largely emasculated the Local Government system by ensuring that they are denied democratic government as well as their financial autonomy despite clear Constitutional safeguards backed up by judicial decisions, one will be right in concluding that Governors would abuse the power and make the State Judiciary an appendage of the Executive.

The devolution of the powers to the States will yet again usher in a situation where judges will be owed salaries and pensions after retirement. The proposed amendment will reverse the gain of the recent alteration to Section 291(3) of the Constitution which guarantees the pension benefits of judicial officers by providing that all pensions, allowances, and other retirement benefits of judicial officers shall be charged upon the Consolidated Revenue fund of the Federation and paid directly by the National Judicial Council (NJC).

This remedy which addressed the situation where payment of retirement benefits of State Judges was left to the state governments to handle, and in many cases, these benefits were owed or delayed by the States and would be lost in many states.

My Lords, if the judiciary is perceived as being under the control of the executive, the public will lose confidence in its ability to administer justice impartially. Persons may naturally go away believing they can never get justice in state courts or that decisions may be influenced by politics or the need by a judge to preserve his position or even his life by trying not to offend the Governor or the party in power at the State.

This perception may lead to increased public dissent, lawlessness, a rise in civil disobedience, loss of confidence in the judiciary, and a general erosion of trust in democratic institutions. The judiciary must not only be independent but must also be seen to be independent. A fundamental aspect of an effective judiciary is its independence.

Our judges must be free from undue influence, whether political, financial, or social. The ability to deliver fair judgments without fear or favour is paramount. Judicial independence not only ensures that justice is served but also bolsters public confidence in the judiciary. For the judiciary to fully exercise its independence, it must also operate efficiently and free of any political control or interference. The proposed amendments should therefore be resoundingly rejected.

I will digress to urge that immediate steps be taken to improve and harmonize the salaries and allowances of magistrates, judiciary workers, and law officers, now that there is a new framework that stipulates the remuneration of judicial officers, to provide new salaries, allowances, and fringe benefits to Judicial officers across the country to end prolonged stagnation in their remunerations and reflect contemporary socio-economic realities.

Since the judicial officers need an incentivized and well-remunerated workforce to achieve justice delivery, we should take steps to ensure that magistrates, judiciary workers, and indeed law officers, benefit too.

My Lords, this legal year offers an opportunity for the Ebonyi State judiciary to reaffirm its commitment to foster public trust in the judiciary by continuing to champion justice, accountability, transparency, and impartiality in every case, every decision, and every interaction. We must therefore continue to streamline processes and prioritize swift, effective justice delivery. An efficient judiciary is one that not only fulfills its mandate but also commands the respect and confidence of those it serves.

May I seize this opportunity to respectfully, call on the Chief Judge of the State to help ensure that all Police stations and other detention facilities in the State are visited and inspected by Magistrates and Judges once a month, pursuant to the requisite provisions of the Administration of Criminal Justice Act/Law.

We also hope that the number of inmates in our Correctional Facilities which was recently put at about 73% of the total prison population, will be greatly reduced if the abuse of the holding charge is addressed. We humbly urge, My Lord the Chief Judge to work with the NBA Branches to ensure that no court, particularly magistrate courts, makes a remand order without taking steps to ensure that a charge is filed against a person whom the order is made or that such a matter is periodically reviewed to avoid prolonged incarceration without trial or any charge being filed.

The Courts no doubt have a role to play in making sure that no person who has no reason to be in detention is incarcerated. It is believed that thousands of citizens are suffering in unlawful custody in many detention facilities/centres in all the States of the Federation.

We all therefore have a crucial role to play in monitoring and ensuring that the requisite authorities carry out their statutory duties of inspecting Police Stations and other detention facilities in the various parts of the State.
As we open this legal year, let us make the administration of justice a central priority. It is essential to avoid unnecessary delays that may deny citizens timely justice. Case management, improved scheduling, and the minimization of frivolous adjournments are all steps we can take to ensure that justice is delivered promptly and effectively.

The Nigerian Bar Association has been a strong advocate for the modernization of our judicial processes, from digital case management to electronic filings. We are committed to supporting the Ebonyi State judiciary in any way possible to adopt and integrate these advancements, which are key to ensuring timely and effective justice.

Our courts, the arena where justice is served, must reflect the importance of the work that occurs within them. We are aware of the infrastructural limitations that courts across Nigeria, including here in Ebonyi State. Investing in modern and functional infrastructure is not a luxury but a necessity.

Conducive and well-equipped court facilities are essential to efficient justice delivery and to maintaining the dignity and authority of our judicial institutions. We call on the state government to prioritize the improvement of court facilities and ensure that they meet the standards required for effective judicial operations.

I would like to repeat my concern that the swearing-in of judicial officers has been marked by lavish celebrations that do not portray the judiciary and judicial officers in a good light. We hold the view that the lavish parties now being thrown by many judicial officers after swearing-in, should be stopped. We reiterate that the judiciary, as a bastion of justice, should reflect values of wariness, prudence, and refusal to be like the generality of the society.

Overly extravagant events may give the wrong impression to the public, potentially eroding trust. I respectfully urge that we embrace solemn and private swearing-in ceremonies that maintain the dignity of the judiciary and allow judges to enter their roles without unnecessary public fanfare, mingling with politicians, litigants, etc.

Our judicial officers must be mindful of public perceptions, especially in the current socioeconomic climate. Lavish celebrations may be perceived as discordant with the values we uphold as defenders of justice. Modest, restrained ceremonies better reflect the solemnity and weight of judicial responsibilities.

Our commitment to justice must be unwavering. The rule of law is the foundation upon which any society stands. For the judiciary to be effective, it must hold itself to the highest ethical standards. Every interaction, every ruling, and every act of judicial conduct should reinforce the principles of fairness, impartiality, and justice. As legal practitioners, we have a role in this.

The Bar and Bench must work in partnership to uphold the rule of law and ensure that we are fostering a legal environment where the rights and freedoms of all citizens are respected and protected.

I will not end this without reminding the Governors of the south-eastern states that the primary purpose of government is the security and the welfare of the people. I say this in light of the reported “closure’ of the Enugu, Awka, and Owerri Divisions of the Court of Appeal, on account of prevailing security situations in the region.

We respectfully urge the Governors to assert the authority of the state and ensure by their words and actions that the security of lives and property of the people, particularly that of judicial officers who man various courts in the region are guaranteed. They must show the ability of the states not only to govern but to protect and secure the people. The south-east cannot afford to have the three divisions of the Court shut down. All hands must be on deck to do the needful to ensure that these divisions of the Court function.

As we embark on this new legal year, let us rededicate ourselves to advancing the principles of justice, accountability, and respect for the rule of law. The people of Ebonyi State, and indeed all Nigerians, look to the judiciary for protection and the upholding of their rights. Let us not fail them. On behalf of the Nigerian Bar Association, I extend our best wishes to the Ebonyi State judiciary for a successful and impactful legal year ahead.

May we all work together to strengthen the pillars of justice upon which our society rests, ensuring that our judicial system remains a true beacon of hope and equity.

Thank you.
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
1st November, 2024