By: Douglas Ogbankwa Esq.

The Nigerian Bar Association, the largest Association of Lawyers in Africa converges on an exquisite venue in Abuja today, to dissect the intractable issues plaguing the Nigerian Judiciary. The Nigerian Judiciary is in the eye of the storm. Issues that put the Nigerian judiciary in the storm include:

1. The faulty appointment processes that are characterized by nepotism and giving too many leverages to Politicians and Political cronies to populate the Bench. The Bench is a sacred temple, where the truthful, pure and fair ordinarily worship.
2. Judgments that no longer make common sense, not just to the common man, but to even the highest of the high in the Legal milieu.

3. Inconsistency of the National Judicial Council in applying its guidelines to the same sets of facts. These, amongst many other shenanigans, have shattered the peace of the Judiciary.

This Summit to be held today should look into these issues for which I suggest the following way forward:

1. The Nigerian Bar Association should be involved at all stages both at the State and National Levels in the processes leading to the appointment of Judges. The Bar should take the driver’s seat and be the major element in the appointment process. Peer Review is an integral element in getting the best for any Institution. Lawyers who practice in a jurisdiction know themselves better and can present the best among them to sit on the Bar.

The appellation “My Lord“ is reserved for the almighty God. If any man is given such an appellation, he should be in the realm of God, patient, forthright, fair, and incorruptible. We must ensure that only the best in learning and character gets to the Bench.

2. The independence of the Judiciary should be implemented to the letter and to this end, the Supreme Court should as a matter of urgent public importance determine the case filed by the 36, State Governors against the Federal Government on some issues about the funding matrix of the Judiciary. The Nigerian Judiciary has been, to say the least, weak in asserting its independence. Only one Judge has been bold enough to pronounce on the unassailable status of the Nigerian Judiciary being independent. His name is Justice Ademola of the Federal High Court, an offspring of the first indigenous Chief Justice of Nigeria – Justice Adetokunboh Ademola.

As we speak, he has been shown the way out of the Judiciary. Justice Ademola is my real hero and while they may have pushed him out of the Judiciary, posterity will remember him as the last Judge standing.

3. The Judiciary should deploy technology in the administration of Justice. Assignment of cases should be done electronically as they are filed at the Registry. Each Court should take its turn in having cases assigned to it by a special computer software, that will not know the parties or the Judge. Judges should be given a complete audiovisual recorder, that records court proceedings, not just the evidence of parties or argument of counsel, the visuals of both so that the Appeal Courts can have the leverage to observe the demeanor of witnesses as seen on tape or any other electronic devices. All files should be scanned online to be accessed by members of the public anywhere in the world, after paying a prescribed fee. Virtual Court sittings should be fully integrated into our Court system and I thank the National Industrial Court in all its jurisdictions and Justice Omotoso of the Edo State High Court for leading the guide in this respect in the South-South.

4. All monies standing to the credit of the Judiciary should be paid directly to the Heads of Court as provided by Section 121 (3) of the Constitution of the Federal Republic of Nigeria. At the State level in some States, the Judiciary is the Highest Revenue Grosser for the State Government. Nigerian Governors think they are smart, they collect the money standing to the credit of the Judiciary as internally generated revenue and expect the Judiciary to come back to them cap in hand to beg and collect pittances from the same money.

In some States in Nigeria, any expenditure that is above one million Naira must have the approval of the Governor. The same Governor that has cases in the Court is approving money to run the Courts. How do you expect justice in such a skewed system? Budgeting is Governance. It is he who buys the record books, that control what enters the record book. Let us make no mistake about it, if we do not sit up in our Judiciary, the Judiciary may be the next victim of an END SARS-like protest, I tell you, it will not be funny!

About the Author: Douglas Ogbankwa Esq.,@ douglasogbankwa@gmail.com, a Benin Based Lawyer is the Convener of the Vanguard for the Independence of the Judiciary and a Member of the Nigerian Bar Association National Editorial Board/Committee.