by Kenneth Dareng, Nigeria, October 1997
THEME = JUSTICE
At a special session of the Supreme Court, held to swear in new Senior Advocates of Nigeria, and also to mark the beginning of a new legal year, Nigeria's Chief Justice, Mr Justice Mohammed Uwais, made some startling revelations concerning the Supreme Court. He said that the Court is suffering from an inadequate number of justices, a situation which has compelled the few justices available, to work overtime, in order to cope with the increasing number of cases pending before the Supreme Court. The Chief Justice said that the Supreme Court has only nine justices, instead of the necessary sixteen. "Taking into consideration the age of the justices, coupled with the fact that now they have to remain in office until they are 70 (previously, the retirement age was 65), and they still have to write well-considered judgements that must stand the test of time, it is indeed an understatement to say that we are overworked. The present situation is neither desirable nor ideal".
Chief Justice Uwais revealed that the average time taken to hear a case in the Supreme Court, can be anything from six to seven years, and he estimated that the 125 appeal cases filed in the Supreme Court during the 1996-1997 legal year, might not be heard until the year 2003.
Justice Uwais called for more justices to be appointed to the Supreme Court, warning that without a full complement, fewer appeal cases will be heard. A situation which he said, is most unsatisfactory, as "justice delayed is also justice denied".
Most Nigerians share Justice Uwais' concerns, and are appalled that the Supreme Court is placed in such a situation. Indeed, Barrister John Magaji says: "This is a dreadful situation. Nigeria has many erudite jurists, well-qualified to sit on the Bench at the most senior level".
People simply cannot understand the reasons for the delay in the appointment of senior judges, especially when they know that the appropriate recommendations have been made to the Head of State, General Sani Abacha.
Political analysts are quick to point out that such a situation, when the Chief Justice of the Federation is compelled to make public the problems of the Supreme Court, speaks volumes about the problems facing Nigeria's judiciary. Because of this, many people think that the "usual channels" of communication between the judiciary and the executive may have broken down, and that the Chief Justice must have spoken out of frustration. All may not be well between the Head of State and the Chief Justice.
Barrister Magaji noted that the Federal Government cannot justify its prolonged lack of interest in what is, after all, a problem which affects many citizens. He said that Chief Justice Uwais made the Supreme Court's plight known on 15 September 1997. Since then, the Federal Government has not given any thought or concern to the issue. The presidency has also maintained a puzzling silence.
There are a number of politically sensitive cases presently pending before the Supreme Court. For instance, there are two cases involving Chief M.K.O. Abiola, who was known to be the winner of the 12 June 1993 presidential elections (the results were cancelled). Both these cases deal with alleged infringements of Chief Abiola's fundamental human rights. But it is known that a majority of the present Supreme Court justices had previously disqualified themselves from presiding over Chief Abiola's cases, because, as they said, they were already hearing a libel suit with the Concord Press of Nigeria Limited, in which Chief Abiola has a declared interest.
If only the government had authorised the full complement of justices for the Supreme Court, other judges could have taken over Abiola's cases, and justice would have been better served.
The five government-registered political parties, are gearing themselves up for a major showdown with the Federal military government. The controversy concerns the Election Tribunals which were established to hear and judge petitions relating to the March 1997 Local Council elections. These Tribunals were each presided over by a High Court judge, assisted by three other qualified legal practitioners, each having at least twelve years' professional experience.
But soon after the Election Tribunals ended their nationwide sittings, the Provisional Ruling Council (PRC), the highest decision-making body of General Abacha's military government, suspended all the rulings made by the Election Tribunals. The PRC said that there had been reported cases of alleged bribery and corruption in the Tribunals in certain States.
Because High Court judges presided over these Tribunals, the regular judiciary is now viewed with some suspicion regarding its integrity.
Mr Fred Agbaje is a lawyer. He says that any allegation of corruption against a court or tribunal is a serious matter and must not be swept under the carpet. "Once people begin losing hope in our judicial system, then the road to anarchy is opened. Justice must never be administered on a "cash-and-carry basis"".
Since General Abacha took over power, Nigeria's judiciary has experienced a great deal of government interference. The legal system is infected with what can only be described as "political ulcers". The High Courts of Justice and lower courts hand down judgements, and then the Government dictates what should really happen. Judges, magistrates and lawyers who are not prepared to sing the praises of the Government, are regarded as "bad eggs" and are quickly denied promotion, or they are sent into "early retirement".
Lawyers who are thought to be "anti-government" or "pro-democracy", have no hope of ever sitting on the Bench, or being appointed Senior Advocates of Nigeria. For instance, human rights lawyers like Gani Fawehinmi, Femi Falana and Olu Onagoruwa, have suffered all kinds of humiliations from the present government.
Gani Fawehinmi is well-known for his uncompromising stand against the military regime. He has been jailed and tortured, and attempts have been made on his life. But for his human rights opinions, Gani would long ago have been made a Senior Advocate of Nigeria. Nigerians, especially the young, have taken matters in their own hands, and dubbed him "Senior Advocate of the Masses"!
A general "house-cleaning" is needed in Nigeria's judicial system. The Justice Ministry needs a change of attitude. It should be a ministry caring for the proper administration of justice in Nigeria. It should not be there to pass detention laws. Working conditions must be improved and the courts supplied with modern equipment. Something must be done to lessen the backlog of cases, either because they are still waiting to be heard, or because the cases take such a long time when before the courts. Indeed, there are far too many cases in this category, and everything has to be written down in long- hand. The situation of the judges themselves needs looking into. A former Attorney-General, Olu Onagoruwa, says that judges must enjoy security of tenure and have physical security. They need an atmosphere whereby they can apply themselves to their job, without fear of outside harassment.
Nigerians are looking to General Abacha to restore faith in the country's judicial system, so that the judicial dictum: "An accused person is deemed innocent until proven guilty", becomes a reality in our country, Nigeria.
END