Prof. Ajayi: Conflicting Judgments Indicate
Unreliability Of Nigerian Judiciary, Once Respected Worldwide
Emir of Kano, Muhammad Sanusi II, and Chaplain of
Emmanuel Chapel Methodist Church, Professor Konyinsola Ajayi, yesterday,
dissected the decline of the judiciary in Nigeria, and described it as the
second worst source of corruption in the country.
Sanusi lamented that although the job of the Nigerian
judge was complicated due to the political dysfunction, the judges who gave
terrible verdicts would one day account for them.
Ajayi, on his part, argued that whereas the law should
provide certainty in Nigeria, it was the greatest source of uncertainty.
They spoke in Lagos at a ‘Public Discourse on Ethics,
Morality and the Law’, organised by the Movement for Islamic Culture and
Awareness, MICA, to mark the elevation of Justice Adewale Abiru to the Supreme
Court.
Those who graced the event included Chief Justice of
Nigeria, Justice Kudirat Kekere-Ekun; former Lagos State governor, Babatunde
Fashola; Attorney-General of the Federation and Minister of Justice, Lateef
Fagbemi; Deputy Vice-Chancellor (Development Services) University of Lagos,
Professor Ayodele Atsenuwa, Dr Wale Babalakin and Professor of Political
Science, Adele Jinadu.
In his address, Sanusi, who described the judiciary as
a large family with many good children, said the few bad ones should be held
responsible for destroying the profession.
He said: “Frankly, in every profession, just like in a
large family, we have many good children, but all you need is one or two bad
children to have the entire family’s reputation destroyed. And I think a lot of
what you hear about the judiciary is something that is linked to a very tiny
minority of judges.
“I have met so many judges in person, and I must say
that I have not personally met a bad judge. But the reality is, my lord, you
have a big task. Because at the end of the day, we all have to fight to clean
up the reputation. So, if there are a few, they have to go. We have to make
sure that we bring down the number of bad judges to zero.”
The monarch, who also urged judges not to be an
advocate for wrongdoers, begged those tilting judgments for their gains to
stop.
He said: “I would like to leave you with this: as
judges, do not be an advocate for those who are wrong, for those who deceive
themselves. And seek forgiveness of God, because God is merciful. Do not be an
advocate for those who are wrongdoers because Allah does not love sinful
wrongdoers.
The final verse for my brother, Justice Abiru, for all
our brothers and sisters in the judiciary; if you don’t remember one verse in
the Quran, remember this verse.
“Where you are, be advocates for them in this world.
Who will be their advocates on the day of judgement in front of Allah? And who
will help them?
“When your colleagues come to you, when government
comes to you, when your relatives come to you and have a case before you,
appealing to you, and you listen to them, and tilt justice in their favour,
that is fine.
“But ask yourself where they will be when you stand
before Allah explaining that judgement. You are the final judge, Supreme Court.
Once the Supreme Court rules, there is no judgement apart from God’s judgement
that can change it. There will be a day when God will ask, who will be your own
advocate on that day? Who will be your lawyer? Who will be your senior advocate
of Nigeria, your silk, in front of Allah, when he’s asking you why you ruled
against what you know as the truth? If you do not remember any verse in the
Quran, please always remember this. Write it on your table everyday.”
Ajayi, in his lecture titled: ‘Ethics, Morality and
the Law – Christian Perspective,’ faulted the spate of conflicting judgements
in Nigeria, and said it indicated the unreliability of the judiciary.
He said: “The judiciary is the second worst emanation
of corruption in the nation. I didn’t say so the United Nations, UN, did by
their data. The law provides certainty, but the law today is providing the
greatest uncertainty that we can think about. Otherwise, we would not have a
court in Nigeria saying that there should be elections in Rivers and another
says there must be no election.
“The Nigerian judiciary was one of the best.
Australia, New Zealand, the whole of the Commonwealth referred to Nigerian
court decisions.
“Our decisions in the 50s and 60s were what was
creating precedent in the best legal systems in the world.
“When you look at your judgments, ask yourself, are
these judgements of impact? Some of us think that if the judiciary is truly
right, Nigeria will change.
“Many people have been saying that there will be war,
revolution, coup. You don’t need all those things. Nothing is going to change
if the judiciary does not change.
“We must be careful to make sure that it is
(judgements) not going to bring the house down. We must be careful. We must
make sure that it is justice that ends up helping society.
“And so let me end by saying that what is it that we
must do? Judges must go back to realising that they have a special position in
the eyes of God and under our Constitution.”
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