By Kunle Edun
I have always believed that the members of the legal profession hold the key to democratic growth and development. All over the world historical jurisprudence showed the role the members of the legal profession played in the growth and development of their countries of birth and residence.
We must practice and assist the courts or the Tribunals to dispense justice in its purest form and not to erect road blocks to attaining justice. Every time, lawyers argue causes and matters in chameleonic manner just to impose injustice and pervert the cause of justice and thereby produce unjust decisions, we murder justice and enthrone evil. It is these kinds of practices that have helped to enthrone “democratic dictatorship” in our electoral jurisprudence and have emboldened political rascality in our polity.
Nigerians are worried that lawyers are the cause of the problems. This may not be entirely correct. No one says lawyers should not do their jobs, as professionals and in line the Rules of Professional Conduct. But in doing so no lawyer should act as a misleading minister in the temple of justice. No lawyer should knowingly mislead the court or Tribunal under the guise of performing his professional duties.
Mr. Christopher Alexander Sapara Williams, the first indigenous Nigerian lawyer, called to the English Bar on November 17, 1879. He defined the appropriate role of lawyers in these golden words: “The legal practitioner lives for the direction of his people and the advancement of the cause of his country.” This also informed the Motto, object and vision of the Nigeria Bar Association, which is “Promoting the Rule of Law” Lawyers must not pursue or defend the interest of their clients at all cost. The bar and the bench must all be together in the pursuit of real justice. If we do not, we would one day be victims of our own kind of justice.
Let me end this piece with the evergreen admonition of Hon. Justice Niki Tobi, JSC for the bar, the bench and the citizenry, as stated in the case of Abubakar vs. Yar’Adua (2008) 19 NWLR (Pt.1120) 1 at 177-178, paras. H-G. My Lord said, “One last word – politics as it is played in Nigeria, leaves much to be desired. There is so much acrimony, bitterness and violence. Nigerians play politics as if they are in a battlefield. It is not so. I do not agree that politics is a dirty game. It is a decent game; only some Nigerians made it dirty. The problem in Nigeria is the politics of winner takes it all. Another problem is the gain from it. I will suggest that politics should be made less attractive. If that is done, there will be less fight, acrimony and bitterness. In years back, the fight in politics was within, in the sense that only the players of the game were involved. In more recent times they have involved the judiciary. Nigeria Judges are called all sorts of names by litigants. They are suspected for the slightest action. Parties do not seem to believe that Judges can dispense justice in the light of the law and law alone. The insults are getting too much. Some of us have always taken the matter as one of occupational hazard. It has gone to beyond that and that is very very worrying. In the administration of justice, somebody must be trusted. Why not the Judges. I hate to say what I want to say to end this Judgment. But I must say it. No human being and I repeat no human being can influence me in the performance of my judicial duties. Only God can. Fortunately, God is holy and can never make us commit sin. Let every human being get that one straight for now and forever. Despite all the insults, this court will continue to administer justice in the interest of our most cherished democracy. This court has consistently promoted democracy in its judgments and will continue to do so in appropriate cases. I recall vividly in recent times that this court, in the promotion of democracy, consistently gave judgment in favour of one of the parties in this case. This court will not shy from its responsibilities as a final court in deserving cases to promote democracy in the performance of its judicial duties in accordance with Section 6 of the Constitution. This court has no jurisdiction to interpret or construe clear provisions of the constitution or a statue in the guise of promoting democracy when the enabling law does not allow it. As that will be a trespass on the constitutional role of National Assembly, it will not do such a thing. Not at all.
No matter the insults, the caricatures, the threats and billboards intimidation like “All Eyes on the Judiciary”, the Judges will still do justice and the heavens will not fall. There is a reason why there are appeal courts. If a party is not satisfied with the decision of a Court he has the right to challenge the decision by appealing to a higher court (Court of Appeal and the Supreme Court).
The structure of the court’s system is a reflection of the fact that Judges are also humans and bound to make errors, hence the availability of appeal to a panel constitution of more number of Judges. That is the only institution that is still ensuring that our democracy survives. We therefore, collectively owe the nation a duty to protect the Judiciary. Advocacy for change and reform are ok, but certainly not threats and intimidation.
With excerpts from articles authored by J.S. Okutepa, SAN, and Dr. Kayode Ajulo
