Squib Magazine & the Quality of Justice in Lagos Judiciary

Monday the 29^th of October 2001, I appeared before mama as she was fondly referred in her Court; in a probate and family matter. Sitting then with a pupil judge, and on the strength of the cause list informing that mine was listed as first for the day. She did sit in good time, although the profession preaches 9:00' clock as the hour of the court. There was some forty something matters listed for the day. From experience I knew mama would treat only a few. Mine being the first, was gratifying. When eventually it was time for business, a senior advocate Mrs. Adekoya mentioned before me. In addition to that of the senior Advocate, only two matters were taking on that day. All others mine inclusive, were adjourned. I had persuaded the court to take my matter. It flared, and even proceeded to use the following words, "I wonder what they teach at the law school these days" where upon a court induced apology was obliged.

In all, she only did; adjourn I mean; about fifteen of the matters on her list, before she rose promising falsely to take the rest on her return. The picture describes a typical day in that court. Cases never progress. Before this article, I was in search of lawyers, who concluded their cases and obtained judgment from that court. One regrets to say, that search continues.

The picture is the same in many courts in Lagos. Simple applications remain in court for many years, because of similar experiences or as a result of delay tactics employed by lawyers. There is even a court hall in the Lagos division of the judiciary that became reputable for adjournment. A number of judges who sat in that hall and retired there from; did so without advancing matters before them, and by implication; justice. There is also what can be referred to as institutionalized delay in justice administration in Lagos. Under this head one can consider power failure and workers strike.

It now appears that in addition to poor attitude to work by many of Lagos judges, the judiciary has now added the breach of rights of ordinary citizens to go about their lawful business. The Squib Magazine, the immediate victim, is a weekly magazine focusing on the happenings in and around the judiciary. It so happened that the magazine in some of its publications, reveal startling stories about some judges. The Honourable Justices Hunponu-Wusu (as he then was) was victim of such revelations in two editions. It was alleged, there was what looked like exhibits, that the judge was involved in the collection of a case file from a firm of legal practitioners for onward delivery to a former clients of the legal practitioners. Further, it alleged that the judge has only just returned from a panel of inquiry set up to review his conduct of another matter. The magazine published what looked like a query to the Honourable Justice Olugbani (as he then was) who it reasoned, had a problem with sitting by nine o'clock, the hour courts are expected to sit. Even the chief judge, it is suspected could never give such to Olugbani. As if to add salt to injury, the magazine publishes the time of sitting of most courts in Lagos. That, one understands is totally unacceptable to some judges who would rather sit at their pleasure.

The magazine also described the appointment of the chief judge as not being in conformity with the well-established legal tradition of seniority. Added to this, it allowed sentiment portraying the chief judge as lazy, to be published in some of its editions.

Many of the allegations in the Squib, I have come to discover are even mild expressions of the truth. On Tuesday the 30^th of October 2001, I was watching over another matter before the Honourable Justice Olugbani, albeit, from the gallery. To the surprise of every one present, the court sat at about 11 45am. Whereas the magazine conceded some 20 minutes earlier in reporting the sitting of the court for that day. Thereafter, it preceded to lecture all present on Afonja the Yoruba legend.

What is wrong in publishing the sitting time of a court, particularly where that court makes it an habit to sits late. Or what is wrong in reporting that a judge returned from a panel of inquiry set up to review its conduct of a matter. Further, what is wrong with encouraging ordinary members of society to express their fears about the appointment of a Chief Judge?

These questions are being asked against the background that an illegal order purported to have emanated from the Chief Judge has created a number of victims. It is purported; that in this day and age, the Chief Judge of Lagos State declared the magazine illegal, and that anyone seen with a copy of the magazine should be dealt with. I was struggling with believing the news of the order, when on Wednesday 28^th of November 2001, I ran into 2 lawyer victims of the order. In the first account, the lawyer involved was accosted, by the civil security men in Ikeja High Court and ordered to release his copy of the magazine. Upon his refusal, he got the beating of his life, the magazine was seized or shall we say stolen in exercise of the Chief Judge's order.

The other incident also on that fateful Wednesday, the lawyer involved was accosted by a mobile police man who did not even have the curtsy of demanding for the "illegal magazine", he immediately gave the lawyer a dirty slap and thereafter seized, better put, stole the magazine. That was also in exercise of the said orders.

I had on me at the time, a copy of the magazine. However having seen things for myself, common sense revealed to me, the need to conceal my copy immediately. The approach of the Chief Judge leads to the unfortunate conclusion that; if any news media including the present one; the Daily Times which is only being resuscitated, published a material against a judge or the Lagos judiciary, such a media would be banned or declared illegal in the court and environs; of course as is the case with the Squib, anyone caught with a copy of the publication would be dealt with and the copy seized.

With a lot of respect for the office of the Chief Judge, the approach is the height of pettiness and unbecoming of the occupant of that highly elevated office. I initially doubted that any such orders could be made by any judge talk more, a Chief Judge until I saw the Chief Registrar notice to that effect conspicuously pasted at several locations in the court.

Then again, one can ask, is there any hope for the common man, if in the present dispensation courts through their chiefs now restrict the basic rights of the citizens which it ought ordinarily should protect; in this case, the right to buy an informative magazine on happenings in the judiciary. Still on the matter, one has limited the report herein to direct assault on legal practitioners, learned men and members of the most noble profession; how much more real the threat of violence/assault on ordinary members of society.

Before the Squib, were a number of other magazines some of which were very critical of government. The media shouted against national legislators when it was reveal that they received millions as furniture allowances. Then again, Bola Hammed Tinubu, the Executive Governor of Lagos State, the very government that is suspected, manipulated the appointment of the Chief Judge, was victim of the media over a false affidavit. In all of these, the person(s) or group concerned did not bar the surging media from the conduct of their duties or from their territories and environs. Why should a judge who, it's believed, should know the law behave in a way that even area boys and girls would never contemplate. Even the Abacha government, considered by many as a plague never have behaved in that way.

There might be need to call on those who operating as were then from behind the scene, that saw to the appointment of the present Chief Judge; to call her to order. Ones thinking is that the Squib ordinarily should come to the Chief Judge as an aid in check and in the monitoring of the judiciary. From the above, it should be clear that the Chief Judge has completely lost focus on what the responsibilities and oath of office are.

In conclusion, and following the obvious inability of the present occupant of the office to fully appreciate the import of the office, there is need to call for her resignation, or to draw the attention of those behind her appointment, to reconsider their position with a view to bringing the right person who will appreciate the responsibility of the office.