My Lords For The Sake of the Gabriel's of this World

The caller stated that his name was Gabriel. To His Excellency, the President of the Federal Republic, he put the startling question. What does the president intend to do about injunctions granted at odd times with the sole intention of frustrating the polity?

Ordinarily the question revealed the naive, uninformed and unlearned state of the Makudi caller. That notwithstanding the federal radio caller hit the nail on the head and at the right time too; maybe before a wrong audience. From the infamous injunction of the Honourable Justice Ikpeme upon a strange application brought before her lordship at a strange hour of the day. The Association for Better Nigeria (ABN) sought to put the June 12 1993 presidential election on hold. Her lordship so ordered. The injunction one now observes was merely forerunner to a series of injunctions, orders, judgments, and judicial pronouncements that were to be inflicted on the polity subsequently. The aborted All Nigeria People Party's (ANPP) convention is just another example of such inflictions

Even the Chief Justice of the Federation, had admonished the Bar and Bench at the Conference on Transparency and Integrity in Justice Administration, to exercise utmost discretion in the issuing of ex-parte orders. That seems to suggest that their lordships are equally disturbed about the trend. To the mind of the writer, the issue goes beyond the grant of unfortunate ex-parte orders. There are a number of disturbing recent judicial development. Where it is not the banning of the Squib Magazine, it would be the grant of an unfortunate orders, or news of some judicial officer somewhere, demanding financial inducement before performing his duties. One is also compelled to read judgments that test the very basis of his knowledge of the law.

The foregoing only emphasizes the need for a review of the entire legal system. For one, what quality of persons ascends to the Bench in the country? Is the process of ascension fair enough to guarantee justice in the system? Even at the higher Bench, is the process fair? The Abacha bail matter brings the issue to the fore. The fact of background influence on the comprehension of the law was clearly manifest. Two sets of justices came to different position while placing reliance on an issue they had previously agreed upon when the parties and subject matters, had no background relationship to them.

In the Abacha matter, the panel was constituted of five justices. On the one side, were four justices of northern extraction? On the other side was alone justice. It is no longer news that bail was granted the junior Abacha who is equally of northern extraction; by the court so constituted. In the infamous "Resource Control" matter, a matter determined before the Abacha matter, the panel was constituted with six justices with background outside the area clamoring for resource control unlike the Abacha matter. There was alone justice in that panel with background from the resource control area. The patterns of judgment in the two matters are quite instructive. To win a matter today, one only needs to be in the right court. The court where the judges have their background on the subject matter or with the parties. The celebrated Awolowo vs. Shagari matter introduced the pattern. One stands to be corrected.

It is disturbing that the quality of argument presented now goes to no issue. In many instances, the court itself frustrates that, while hiding on the sufficiency of time to take every argument. The Rules of Procedure could also determine a matter one way or the other. To put it differently, the Rules now have the capacity to change the law like the weather. How else is one to appreciate the Rules which should like the law school, be the lawyers' heritage. One would have imagined that the Rules or the law that sets up the court should at least spell out the procedure to be followed in the assignment of a matter to a court. Or the Constitution of a panel to sit over a matter.

The essence of the above is to guarantee the doing of justice, which should be seen by all as been expressly and manifestly done, or being done. That should come with an opportunity to the parties and in fact to the world at large to object where they have reservations about the Constitution of the court or panel as the case maybe.

The need for review of the legal system becomes more bearing, when considered against other developments in the Bar. Very recently, certain new "Wazobia" senior advocates were appointed. In making the appointment, no regards were afforded legal practitioners from non-Wazobia regions of the country. In the opinion of the appointers, none was good enough to be elevated to the rank. It is the same consideration that forms the pattern of appointment into the Bench, particularly the higher bench. As at today, there is no competent person from the Niger-Delta sitting with their lordship at the Supreme Court. That is what their appointers would have us believe. the foregoing, when considered against the background of clamour for an interpretation of the judgment of the court in the infamous resource control matter, the issue becomes clearer; a second time shaving of their hair in their absence; only, this time, there wont be a dissenting voice to upset the game plan.

Then again, by robbing non-Wazobia legal practitioners of the right to elevation to the rank of senior advocate, their level of progression in the profession would be stunted. It is necessary to restructure the entire legal system particularly the higher bench, along lines being proposed for the presidency. The six geopolitical zones should be made to have equal representation in every legal institution. That at least would assuage the sentiments that now follow every pronouncement of the apex court.

There is no gain saying the fact that several other factors like the existence of area boys and girls, nay charge and bails practitioners, corrupt judicial officers, inelegant legislations and Rules of Procedure, shortage of manpower, absence of basic operational facilities and even the absence of the willingness to do things rightly, all go a long way to reducing the quality of justice dispensed daily; and the quality of patronage for the system. The erosion of confidence in the judiciary and in particular, the Supreme Court as expressed by the Gabriel's' of this world at "The President Explains", is one sure way to bring an early collapse to the system. The need to make hay while yet it is day is emphasized.

 

 

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