By J.S. Okutepa, SAN
It is only the judiciary that can free itself from the pressures of litigants, some Nigerian lawyers, and even some members of the power that are in the Nigerian state. There is no doubt that Nigerian judges are being subjected to all manner of pressures by some members of the executive, the legislature, and even the judiciary.
There are some lawyers too who subject judges to pressures of all kinds. There are some judges too that allow themselves to be subjected to pressure. Their conduct suggests their availability to do the bidding of those polluting the stream of justice just for pecuniary and other unholy interests.
Judges have been given enormous powers. Why should a judge not order the arrest of anyone who attempts to influence the proceedings before him? There are orderlies and security agencies attached to judges. These judges have powers to commit anyone who attempt to influence them for contempt. Why are judges not ready to use the powers of contempt and arrest those who approached them for favour? Why are judges not reporting lawyers and litigants influencing them to appropriate agents? Why are judges keeping quiet when influenced? The judges in Nigeria need to free themselves from those who influenced them to pervert justice. Only judges can free themselves.
There is an interesting story I read in Law and Contemporary Nigeria: Deflections Dr Olu Onagoruwa, Inspired Communications Ltd, 2004 Pages 22 to 23. This is what I saw.
“Perhaps an occasion which more vividly illustrates the greatness of Justice Taylor was one in which I was directly involved some few years back. As a junior counsel to Mr. Abraham Adesanya, I had gone with him to Justice Taylor’s court with the customary feverish expectation, for nothing can be taken for granted in his court. Mr. F.T.O. Akinsanya was the lawyer on the other side. The case was an appeal from the Land Registry. As the court sat, Justice Taylor looked sweepingly at the whole courtroom and said, ‘You lady stand up, move forward, remove your scarf. Are you not the lady who came to see me in the chamber last week?
“The lady replied, ‘No, sir.’ Mr. Abraham Adesanya rose and spoke, ‘My Lord, I feel that this is a case of mistaken identity.’ Justice Taylor retorted: ‘Mr. Adesanya, my brain may fail me (which I doubt), but my eyes have never failed me.’ He went further: ‘I am adjourning this court for 10 minutes during which time I want you to question your client closely.’ The atmosphere of the court was one of utter suspense; it was as if the roof of the court would fall on us all. Immediately, the judge rose, one of his clerks told Mr. Adesanya that it was true that our client had come to influence the Chief Justice about her case and that she ran away when the Chief Justice called his Orderly to arrest her. Our client confessed. When Justice Taylor came back into court, Mr. Adesanya rose to apologise on her behalf, The Chief Justice said that if she had denied flatly, he would have called his witness against her. Brusquely, and with a spontaneous decidedness, the Chief Justice told Mr. Adesanya: ‘I am now biased against your client, and I am transferring this case to another judge.’ Mr. Adesanya, however, rose to say that he believed that the Chief Justice was still capable of deciding the issue, especially as it was an appeal on points of law alone. The Chief Justice then consulted Mr. Akinsanya’s view and Mr. Akinsanya expressed implicit confidence in any decision the Chief Justice might give as he was sure he would never do anything perverse.”
Why are our judges not following this example? Many judges hold tenaciously to case files even when there are allegations of biases against them. Once there is an appearance of improprieties, a judge ought to recuse himself.
Lawyers who make allegations of bias or improprieties against judges falsely ought not to escape sanctions. We must return to the golden era of purity of practice. Only the judiciary can free itself.
