By Sonnie Ekwowusi
I don’t know whether it is only in the court case in which I am counsel that the failure of the Nigerian judiciary manifests itself most eloquently.
I am in court in Abuja at the moment. I flew into Abuja yesterday. My matter was scheduled for trial. 10 am is the time. As usual,the court Registrar has most casually announced to all the lawyers present in court that the court would not sit because the judge was attending a Seminar at Sheraton. Consequently we are taking dates now.
My matter has been pending in the court for gargantuan 14 years. Trial had been completed. We got to the stage of addressing the court when the judge, who was hardly sitting, suddenly announced her retirement.
So the matter started de novo. And this new judge presiding over the matter is behaving exactly the same way the previous judge was behaving.
He is erratic. Insultive.He hardly sits. Five times I had flown into Abuja only to be told the court was not sitting. Prior to leaving Lagos yesterday I called the Registrar and he assured me the court would sit. Now, look at me, frustrated and tired. I have incurred an air ticket and hotel accommodation bills. I have incurred risks flying to Abuja. I have wasted two or three days for nothing.
Apart from this particular case, two weeks ago I was at the Federal Court Abuja. And we were told that the court was not sitting for no reason. That was the three consecutive times that the judge had not sat on the case. Three days ago I was at the Lagos High Court. The lady judge was the loquacious kind. She spent the whole morning talking and bashing lawyers. No electricity supply in court. We were sweating profusely. The judge herself was also sweating. I got up and humbly and respectfully pleaded with her to allow us to remove the wig and gown to receive some fresh air. She turned down my request. So, I sat down sweating and sweating. Other lawyers in court were suffering too. I left the court by 2 pm. My matter was just for mention.
We are counsel in one matter at the Federal High Court, Lagos. For three years the judge in that court has not sat.
A few years ago I appeared at the Justice Oyekan-Abdullahi’s court at Ikeja, Lagos. Midway in my submission before her, she got up, left the exalted Bench precinct and entered the Bar and started accusing finger at me. I was astounded. I packed my books and walked out against her. Prior to her sitting, the lawyer on the other side had warned me that Oyekan-Abdullahi’s was his court and that he would show me pepper in the court. I thought he was joking. And he ended up showing me pepper. Anyway, I later appealed the useless judgement in that matter and the Court of Appeal reversed it.
I can go on and on narrating the tragedy of the Nigerian judiciary.
Why am I recounting my harrowing and frustrating experience this morning? To encourage you not to give up the fight. I myself am not giving up the fight.
What I am saying is not new to you. I know you have experienced the worst travesties. I know that you know that the Nigerian judiciary is rotten inside out. I know that for decades you have been loathing and fighting the same failed judiciary.
But my friend, we cannot give up the fight. We cannot flee. Those who have fled are cowards. But you and I are not cowards. We are optimistic that some day the light will shine in the direction of the Nigerian judiciary and it would stand on its feet.
Today in Abuja I am having a crucial meeting on how to redeem the Nigerian judiciary. Tall order ? Waste of my time? Heating my head against the wall? No. Not at all. Look, hope remains our greatest asset. We cannot flee. We cannot keep quiet. We must continue to do our best even when our best seems inutile and ineffective. This is the way
Sonnie Ekwowusi
