NJC Sanctions On Erring Judges, A Galvanizer For More.

By Maduabuchi Ofoegbu

The Holy Bible in Psalm 11:3 provide thus;

It is generally said that there is also, no smoke without fire. The judiciary as it is, is the third tier or organ of government of Nigeria. It is regarded as the last hope of the common man on the street of Sabon Bwari, Ijah Gbagyi, Minna, Mbala Isuochi and every other street in Nigeria. A man who goes to court, does that because he reasonably believes that he has a good cause of action to pursue. He also believes that in pursuing the said cause of action, he will kiss and hug justice at the end. As a result of this, such a person is willing to do everything required of him by the law of the land.

What then, becomes of the man if after satisfying the requirements of the Law as prescribed, justice is not served on him not because, his attorney was incompetent but because the pillar of Justice being the Judiciary failed in her duties to uphold the law? Your answer, is as good as mine. When next such a man has a good cause to approach the temple of Justice, do you think that the man will be willing? Definitely, such a person will develop cold feet and sort for other alternatives to remedy his case after all, ‘NO BE WHO DEM CATCH BE THIEF’?

Recently, the rate at which jungle justice is perpetrated in various communities and streets is on the increase. Many Nigerians no longer believe in the inherent powers of the court to do justice to their case and so, many have decided to take the laws into their own hands. Why is it so? Many are of the view that the Nigerian court is not different from a bazaar sale where the highest bidder takes all. Even though that ideology is totally misconceived and not apparently true, there exist some colouration of truth therein. Who then will want to approach the temple of Justice if he is sure that he will not get justice? ‘EJI AKPATA ATUFUO ABU OGARANYA’ translation, WHO GET RICH BY WASTING HIS ACQUIRED RESOURCES? Who will want to live in a building that will collapse? Even though the views of Nigerian towards the judiciary is highly misconceived and inaccurate, truth remains that the JUDAS in the judiciary are becoming more in number and the justice system is being raped by them and on daily basis.

What then is the way out? Shall we continue in Sin so that grace may abound?

It is no longer a news that some members of the Judiciary, formed as a habit to be issuing conflicting exparte orders on issues that affects same parties. It is no longer a news that some Judges especially, of the courts or records presides over matters and issue orders on cases already decided by their brother judges in same or different Jurisdictions in Nigeria. One begins to wonder where the Judiciary is headed to as they end up creating serious confusions on other government agencies especially, INEC who finds it difficult to pick from the decisions.

Conflicting exparte orders from courts of coordinate jurisdiction over same issues affecting same parties only shows that all is not well and that water flowed through the bridge. Some judges have allowed themselves to be used by mischievous politicians. They have allowed themselves to be used by fellow legal practitioners who take delight in breaching professional ethics and this has made the judiciary which is supposed to be the hope of the down trodden appear like a mere University class room of the revered Ebonyi State University Abakaliki faculty of law where students sample wonderful legal opinions on term papers with so many conflicting legal conclusions as supposed.

While many including legal Jurist complained bitterly about the conflicting orders of the court as it affects same parties on same subject matter, the National Judicial Council NJC rose up to investigate and punish the erring judicial officers who were engaged in such ungodly acts.

The above line of the NJC, brought some respite to many who patiently waited for the outcome of the investigation and sanctions as a way of restoring sanity to the system.

While hope was high, NJC upon the conclusion of her investigation, published the names of the erring judicial officers and their respective sanctions. According to NJC, all judicial officers found guilty of such misconduct are to be barred from promotion for certain number of years. No doubt, one will believe that NJC actually considered the profiles of these judges knowing that some if not all may be due for promotion in few years and then, decide to visit them with that portion. This is just an assumption which may be wrong.

The question is, to what end is these penalties? How effective will it be to these judicial officers and to others who are waiting on the queue?  To my mind, these penalties is as good as a Christmas gift. It is as good as no penalty at all. Some affected officers will not be entitled to promotion until they clock the retirement age and so, they have nothing to lose. They are still in charge of their courts. Those who would have been promoted but close to retirement, will still console themselves as they have nothing to lose instead, they will do more knowing that they are due for retirement even before their year of punishment ends. Lawyers who submitted various petition on some of the affected judges will surely have their name in black book as far as that court is concerned. Besides, this is Nigeria where anything can happen. So, who is at lost? The proper punishment would have been suspension from the bench for a reasonable number of years say, five and above. This will help in checkmating the said vice and others and especially, the newest judges will be made to adjudicate on matters with fear and trembling to the benefit of the entire system.

While I commend the NJC for rising and taking measures to restore sanity in the judicial system, I must say that the NJC as it is now, is living below statutory, judicial and human expectations. The judiciary needs an urgent total overhauling. The in ability to live up to statutory standards, is the major reason the executive and legislatory arm of government is trampling on her. The judiciary today, finds it extremely difficult to speak not to talk of taking measures, those who manage to speak through performance of their statutory duties, will have their houses waylaid by miscreant using orders obtained from inferior courts what a shame!

The judiciary must rise up and fight not only for the common man, but for herself first as charity begins at home. A man cannot give what he does not have.

Those who needs to be removed from the judiciary, should be removed. Those who got in there by error, should give way. Those who got elevated by error, should disappear for money is not everything.

In summary, while I commend members of the judiciary for performing the onerous duties of the bench and hoping that in no distant time, the judiciary will be what God and the Constitution said it should be, members of the legal profession that is, lawyers who allowed themselves to be used in procuring conflicting court orders should be seriously dealt with as a deterrent to others irrespective of their position. Suspension for at least seven years won’t be a bad idea.

No doubt, the leadership of his Excellency Olumide Akpata, has been living up to expectations, there is still much work to be done. Doing is believing. It is not enough to make a public announcement in social media without a corresponding action. Better is the man who is silent and does nothing than he who speaks and goes to bed.

The legal profession is one and one only. We can never be Americans. As we make our beds, so we lie on it.

Stanley Maduabuchi Ofoegbu Esq

Email; [email protected], 08068515340.