BURNING POT BY PRINCE CHARLES DICKSON Nigeria's Judiciary...whining her waist to the beat Robbers enter a
house, asks for all the money and valuables. After they collect what they
can, they give the man of the house a gun with instructions to shoot his wife
or else he be shot himself. The man gets the gun, points it at his wife and
hesitates...He is thinking of what he has gone through in life with his wife
and how she has suffered and sacrificed for him... He hands back the
gun and says, "I am sorry I can't do this..."The boss of the
robbers silently grabs the gun from him and passes it on to the wife with the
same instruction. The wife gets the gun and without any single hesitation
points to her husband's head and pulls the trigger...But alas, the gun had no
bullets in it...The robbers get their gun and walk out of the house laughing. QUESTIONS FOR
DISCUSSION 1. If you were
the man in that house how would you react towards your wife? 2. If you were
the wife, what explanation can you give to your husband! 3. If you were
invited to bring peace between the couple, what advice would you give? I have chosen the
narrative above to illustrate how difficult the task of a judicial system can
be, besides the questions for discussion, one would agree that there are more
questions than answers in the narrative, and if we have a hundred persons, we
possibly would get more than a score totally different perspectives. And that indeed
is the law, and like Americans would say, “the law is an ass”, and another
sage would say, ”one law for the rich, another for
the poor.” What is
considered a right verdict would vary, and in almost every nation there is a
political narrative and intervention required of its judicial system, its
judicial officers and the law itself. However not to
the extent that all that comes from it becomes laughable, like is the current
case in Nigeria. So again, it’s
the same old, same old, the Nigerian judiciary once more is in the
news...tribunal rulings have not gone the way of the opposition, and how time
flies, who would have written a script like the one playing out, the
opposition being the People's Democratic Party PDP. But quickly, let
me ask, why are we surprised, it's not like the governing All Peoples Congress
APC in bringing change, has changed all the personnel that run the nation's
judiciary, however unfortunate, truth be told we are again witnessing
unimaginable verdicts, in tribunals, while rulings at all levels of the
courts have been nothing less than ‘jankara’
rulings. While the
Nigerian judiciary whether bench, bar or the beer has produced world greats
in terms of legal minds, from Justice Elias, to Oputa,
like Timi the law, and Gani
the people's SAM. The same judiciary has been in the last few years been
nothing but disgraceful. As I write this
admonition, I state categorically that the malaise that is dealing blows on
the Nigerian judiciary is episodic of our health sector, politics,
engineering field, sports arena, you just name it, and you cannot but frown
with angst. Let me at this
point quip in, that I am not learned, but importantly neither am I unlearned.
Lest I am sued for defamation, let me state quickly that if I mention names
at this junction, they are not real, but only bear a resemblance, which is
only a coincidence, our judiciary has served us cases of several judges
sacked for collecting bribes, this was unthinkable in the past, but these
days, I even hear a prominent judge abi na justice that had "chuachua"
(bribe) added to his/her name. It is now not
uncommon to hear, the justice is married to the brother or sister of the
defendant, complainant and what have you, and this is when the lawyer is not outrightly asking you for "something" for the
man who decides your fate. And before you
think that the problem is the bench, nope, it is the law and it's practice
that has become bastardized; agree that Nigeria while remaining the land of
very great men and women, it is also the land of fakes, fake doctors, fake
teachers, fake engineers, fake leaders, so I was not surprised when only last
week the bar or sorry I meant the NBA, anyway they are the same stated
"Sequel to the introduction of a Stamp Policy, the Nigerian Bar
Association, NBA, has discovered no fewer than 1,000 fake lawyers across the
country.” The association’s
Stamp Policy was introduced to curb the infiltration of quacks into the legal
profession, but it is beyond stamps. What happens when lawyers place same
stamp on illegalities, it simply becomes legitimate, and it's happening
nationwide. I have met very
good lawyers, same way I have met some, you wonder if the
have a diploma in law from a polytechnic, that not being an illegality, you
smile wryly at examination malpractice being reported at the Nigerian Law Schools. We operate a
judiciary except for barely Lagos, and the FCT Abuja, still thrive using the
old IBM typewriter, judges complain that they have to handwrite their
judgments, even in Lagos, on several occasions there are power outages during
hearings, and one can only imagine, visited a magistrate court that was not
fit enough to be used as kitchen. I conducted a
small fraud check, I collected an affidavit from Abuja, collected another on
the same matter in Bauchi, and got another from Kaduna, it
was so easy, as digitalization remains a myth. Not only are our
laws steeped in the 18th century, but also the corruption within
the system is ebola-like. While one may
heap all the blames on the judiciary, the question is, how much can it really
do, when it lacks autonomy, it's November, some state judiciary have only
been able to shake their waist with monies last collected in February, so how
do they survive, judicial workers going on strike at the expense of the
innocent, while the guilty ones are not spared either. The axiom that
the courts are the poor man’s resort in Nigeria, is only on paper, as justice
has become indeed, how much of the waist one can twist, would the much touted
change see the judiciary or we will continue to be subjected to the macabre
dance of our judiciary—Only time will tell |