OPINION: Saraki and the hypocrisy of the Nigerian judicial system. By Raheem Raheem Okoya

Date: 2015-11-12

Nigeria operates a form of government that portrays Federalism in the Constitution of the Federal Republic of Nigeria. The Federation consists of 36 States and the Federal Capital Territory, which are constitutionally empowered with the Legislative, Executive and the Judiciary functions within the scope of their jurisdictions.

However, the Judiciary faces certain problems, which show the weaknesses and defects of the system that require immediate reforms. These problems include corruption, backlog of pending cases, lack of transparency, hardship of under trials, pressure from unseen forces and lack of interaction with the society among others.

Nigeria’s legal system has one of the largest backlogs of pending cases in Africa – as many as 2 million pending cases; of which over hundred thousands are High Court cases, and more than two hundred and fifty thousand are before the Supreme Court. This number is continuously on the increase, which again shows the flawed and defective complexion of the judicial system.

The clamour to increase the number of Judges, create more Courts have continuously met with staunch brick walls because the implementation have been hard to come by. The Right to Information (RTI) Act appears to be totally out of the ambit of the legal system. Thus, in the functioning of the judiciary, the substantial issues like the quality of justice and accountability are uphill tasks.

It is very essential that the judiciary of any country should be an integral part of the society and its interactions with the society must be made regular and relevant. In some advanced democracies, there have been the involvements of common citizens in the judicial processes of decision-making. However, in Nigeria the judicial system has no connection with the society, something it had inherited from the British judicial set-up. Even though things should have changed over the periods, but from what we have today, the law officers have not been able to come close to the ground to meet the common man.

In this context, it is important to train the judges in writing judgments which are precise unambiguous and clear. Judges must also remember that apart from interpreting law, they are the arbitrators for the people, who are often strangers to the world of law. A concise, clear and coherent judgment does not only improve public accessibility to the law, but also repose great confidence in the process.

The Nigerian judiciary system is a particularly refined system, bearing testimony to the ingenuity of the human thought. The threads of constitutional philosophy have weaved an exquisite tapestry of substantive procedural laws. As a polity, we seek to achieve high values of liberty, equality and justice delivery system that translates the rhetoric of these into practical rules, such that “no man shall be a judge in his cause” and “no man shall be condemned unheard”.

Now to the crux, like any other institution of Government, the Nigerian judicial system is fraught with corrupt officials. The recent charges by the Code of Conduct Tribunal against Senate President Bukola Saraki have clearly emphasized that and underscore the weaknesses inherent in the functioning of Nigerian Judiciary. There is no system of accountability. The process of registering against a trial judge for taking bribes is burdened with bureaucratic bottlenecks because it has to have the express permission of the Chief Justice of Federation.

The Chairman of the Code of Conduct Tribunal is enmeshed in corruption and bribery scandals of his own, as a sitting jury over a court of competent jurisdiction that the CCT is, which again justifies the lack of trust in the legal system.

Having keenly observed the proceedings of the CCT in the Saraki trial and particularly, the body language of its Chairman Danladi Umar vis-à-vis having Saraki docked by all means, it is important to bring to the fore a clear case of bias.

Danladi Umar justified his ruling on Bola Tinubu’s release as follows:

ON THE SECOND ISSUE THAT CCB DID NOT INVITE TINUBU BEFORE THE TRIAL, THE TRIBUNAL RESOLVED IT IN FAVOUR OF THE ACCUSED APPLICANT, AS HE SAID “THE BUREAU DID NOT PRODUCE EVIDENCE THAT IT INVITED THE ACCUSED OVER COMPLAINTS ABOUT HIS ASSET DECLARATION”. HE SAID THE INVITATION WAS A CONDITION PRECEDENT BEFORE FILING CHARGES AGAINST AN ACCUSED PERSON BY THE BUREAU.

“THE TRIBUNAL CHAIRMAN (DANLADI UMAR) LAUDED TINUBU FOR MAKING HIMSELF AVAILABLE THROUGHOUT THE TRIAL, AS HE SAID IT WAS NOT MANDATORY FOR THE ACCUSED CHALLENGING THE JURISDICTION OF THE COURT TO APPEAR BEFORE IT”.

Meanwhile, Section 3 (d) of the Code of Conduct Bureau and Tribunal Act states that “the Bureau shall receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by Section 20 of this Act.

“Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary: WHY IS SARAKI’S CASE DIFFERENT?

Why didn’t Saraki get the same treatment, which is the provision of the law? Why was the matter referred directly to the CCT first?

On the whole, despite the advancements in information and communication technologies changing the life of the people dramatically, the Nigerian legal system is still a vestige appearing to belong only to a section or class, faraway from the people. As a matter of fact, the present system of justice is totally out of place and out of time and tune with democratic procedures and norms that please only a certain section of the society with vested interests. Therefore, there is an immediate need to restructure the entire judicial system to make it answerable to the needs of a democratic, progressive society.

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Maigidasanma     Adama Isa     Shehu Alimi Foundation For Peace And Development     Ayedun     Pakata Patriots     Abdulganiyu Salahudeen     Ubandoma Of Ilorin     AbdulRaheem Ahmad Shayi     Saadu Gbogbo Iwe     Oba Abdulkadir La\'aro     KWIRS     KWASSIP     Ahmad Olanrewaju Belgore     Kwara Politics     James Ayeni     April 11     Wakilin Mata Lafiagi     Olaiya Victor Mobolaji     Sadiq Buhari     Iyeru Grammar School     Saudat Abdulbaqi     Afusat Nike Ibrahim     Wahab Agbaje     Ayodele Olaosebikan     Kunle Akogun     Onilu     Atiku Abubakar     Najim Yaasin     Council Of The Wise     Oba David Oyerinola Adedunmoye     Lanre Aremu     School Of Nursing     Alaiye     Busari Toyin Isiaka     Yashikira     Samuel Elizabeth Keatswa     Sunday Otokiti     Ibrahim Abduquadri Abikan     Dan-Kazeem     Ishak Mohammed Sabi     Ayegbeni     Adamu Atta     Women For Change And Development Initiative     Government Girls’ Day Secondary School Pakata     Alabere     KWATMA     Raheem Adaramaja     Popo-Igbonna     Abdulkadri Ahmad Alaiye     Yusuf Lanre Badmus     Yeketi     Offa Poly     Cassava Growers\' Association     Abubakar Suleiman     Baruba     Ahmed Ayinla Jimoh     Metro Park     Omoniyi Ayinla     Muhammed Mahe Abdulkadir     Olatunji Abdulmumeen     Abdulkadir Jimoh     Azeez Bello     Wasiu Odewale     Saadu Alanamu     Shuaib Boni Aliyu     Rafiu Ibrahim     Tope Daramola     IHS     Oba Abdulraheem     Budo Egba     Centre For Community Empowerment And Poverty Eradication     Demola Banu     Olatunji Ayeni     Abdulfatah Ahmed     Dogara     Saad Belgore     Bello John Olanrewaju    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Garba Ayodele Wahab     Idowu Laro     Government High School (GHS), Adeta     Jeunkunu-Malete-Bani     Chief Imam Of Omu-Aran     Kwara Basketball Association     Durbar Festival     Musa Abdullahi     Ibrahim Labaika     Salary     Suwa-Arabs     IHS Towers     Sun Qing Rong     Musibau Akanji     AbdulRazaq AbduMajeed Alaro     Ilorin Emirate     Halidu Danbaba     Olatunde Oyeyiola     International Public Sector Accounting Standards     Trade Lenda SME Fair     Kishira     Kudirat Arinola Lawal     Yakub Lai Gobir     Temi Kolawole     NIRSAL     Olota Of Odo-Owa     Oba Abu     Omar Gambari     Lateef Fagbemi     Gurei     GRA     Tuesday Assayomo     Samari     Afin Descendants Union Of Odo-Owa     Solomon Edojah     Undergraduate Bursary     Kwara NIPR     Oke-Odo     Arik     Summit University     Moremi High School     Magaji Nda     Raliat Islamic Foundation     Voices Of Tomorrow     Akume     Yakubu Gobir     Isiaka Abdulrazak     Chief Imam Of Offa     Abdulhakeem Adelaja Amao     Leke Ogungbe     TESCOM 2025     Suleiman Mora Omar     Bukola Saraki     Chikanda     Malete     Yahaya Oloriegbe     Kolo     Ahmed Shuaib Buranga     Modibo Kawu     Lola Ashiru     Agbarigidoma     ASUU     Adeola Abraham     Olaiya Victor Mobolaji     Curfew     NITDA     KWASAA     Kaiama     Aminu Adisa Logun     Sobi     Abiodun Abdulkareem     Quareeb Islamic Association     Kwara State Television (KWTV)     Oluranti Idowu     Rotimi Samuel Olujide     Omotosho     Kwara State Fish Farmers Association