Nigerian Judiciary and the defence of the common man Essay Example

Nigerian Judiciary and the defence of the common man Essay In line with the doctrine of separation of powers, which is a cardinal feature of a democratic system, the Nigerian Constitution guarantees the independence of the Judiciary. The doctrine of seperation of power was introduced by French political philosopher, Baron de Montesquieu in order to protect the people from dictatorship or authoritarianism. Under this arrangement, three branches of goverment were formed: the executive, legislature and judiciary. The legislature is responsible for making laws, the executive implements while the judiciary interpretes the laws. It was Madisons system of Checks and Balances that would keep the three in check. No one branch would be able to exploit its power without the scrutiny of one of the other branches. Montesquieu did specify that the independence of the judiciary has to be real, and not apparent merely. The judiciary was generally seen as the most important of powers, independent and unchecked, and also considered the least dangerous. That the judiciary all over the world is regarded as the last hope of the common man needs not be over-emphasised. This is why stakeholders in the justice sector often refer to it as a strong fortress, standing sure and strong, providing succour and shelter for the defenceless and vulnerable of the society; a safe haven where the oppressed, the injured, the dismayed, the upstanding, the expectant, indeed the whole society, looks up to for succour, protection and justice. But in Nigeria today, many see this statement, not only as literary expression, but as a cliche that is fast becoming a mirage to the common man because of the multitude of problems plaguing this hallowed instituton. We will write a custom essay sample on Nigerian Judiciary and the defence of the common man specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Nigerian Judiciary and the defence of the common man specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Nigerian Judiciary and the defence of the common man specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A well functional judiciary is a central element of the civil society. It is the sole adjudicator over the political, social and economic spheres. But despite the encomiums the Nigerian judiciary has received in recent time, the justice sector has practically collapsed under the weight of abject neglect by past administrations. The sector is slow in dispensing justice. Laws are archaic and antiquated, court infrastructures are obsolete and the prisons are over-crowded resulting in the collapsed of civil and criminal justice system. The Nigerian judiciary has come a long way since its establishment during the colonial era. The Nigerian legal system has had a lot of influence from English law on its growth. According to Obilade (1979), English law has a tremendous influence on the Nigerian legal system, and English law forms a substantial part of Nigerian law. Both the suspended 1979 constitution and the never implemented 1989 constitutions, as well as the new constitution promulgated on May 29, 1999 provide for an independent judiciary. In practice, the judiciary is subject to executive and legislative branch pressure, influence by political leaders at both the state and federal levels, and suffers from corruption and inefficiency. Under the 1999 constitution, the regular court system comprises federal and state trial courts, state appeals courts, the Federal Court of Appeal, the Federal Supreme Court, and Shariah (Islamic) and customary (traditional) courts of appeal for each state and for the federal capital territory of Abuja. Courts of the first instance include magistrate or district courts, customary or traditional courts, Shariah courts, and for some specified cases, the state high courts. In principle, customary and Shariah courts have jurisdiction only if both plaintiff and defendant agree, but fear of legal costs, delays, and distance to alternative venues encourage many litigants to choose these courts. Trials in the regular court system are public and generally respect constitutionally protected individual rights, including a presumption of innocence, the right to be present, to confront witnesses, to present evidence, and to be represented by legal counsel. However, low compensation for judges, understaffing, poor equipment, bribery, special settlements, and a host of developmental factors decrease the reliability and impartiality of the courts. The Nigerian judiciary has indeed come a long way and has evolved over the years from the 1st republic through the various military interventions to the present 5th republic. The judiciary has not been immune to the turbulent and capricious changes in leadership. Nigerias chequerd political and social evolution has indeed taken its toll on this indispensable institution of Government. Our prolonged romance with military regimes has unarguably wrecked the greatest havoc on the judiciary. The military regimes, notorious for their trademark of arbitrariness, authoritarianism and contempt for the rule of law did not regard the judiciary as an arm of government. Instead, these corrupt and unconscionable military regimes with intimidation and inducements manipulated the judiciary and effectively debased this institution. The decay of the Nigerian judiciary can therefore be traced to the military era. The soldiers always suspend the constitution when they come to power and enact decrees that guide their actions. Intimidation, extra judicial killings and assasination of dissenters which is usually the hallmark of military government all contributed to the castration and destruction of the judiciary. The massive corruption that takes place under military regime also lures some unscrupulous and rapacious judicial officers who make themselves stooges in the hands of the evil men in power just for a share of the filthy lucre. So, the military rule has had a particularly corrosive effect on the judiciary. As Justice Agboola recently put it: The aberration of military regimes dealt a dangerous blow to law because military regimes engendered lawlessness. You cannot have law when sombody is above the law. Law must be supreme. Nigeria, as a country has not lived up to the expectations of her founders in terms of overall development in different aspects of life. Nigeria is still bedevilled by various problems which has successfully impeded our adancement as a nation. Corruption is generally regarded as the bane of this country. Corrution at the different levels of government in different institutions has curtailed development in all critical sectors. Basic amenities like steady electricity, water and good roads are still beyond the reach of the citizenry. Free and fair elections have eluded us and power is still in the hands of a few privileged elite class who continue to manipulate the electoral process to install their stooges to continue the cycle of self enrichment and political aggrandizement. Corruption is indeed endemic in Nigeria; it is a way of life and in this situation, one would be stretching optimism to its greatest boundaries to expect the judiciary to be above board. With the pervasve and chronic corruption in this country and its evil offsprings: opportunism, nepotism, incompetence and mediocrity, no institution of government is wholly functional and efficient. Corrution has infiltrated all institutions and parastatals and even our learned judges are not immune. In a corrupt system like ours, meritocracy and competence are substituted with mediocrity and incompetence. A corrupt system throws up unscrupulous and incompetent individuals who are bereft of selflessness and patriotism. These individuals are greeedy and selfish, and are susceptible to financial inducements and gratifications. In such an unfortunate scenario, justice becomes a product which is sold to the highest bidders. The comon man, who do not have the finacial muscle to buy judicial favors or manipulate the process is left with the short end of the stick. In such an ill-concieved system, there certainly can be no justice for the commin man. The return of Nigeria to democatic rule was heralded by great joy and overflowing optimism. The Nigerian masses were full of hope that the years of suffering, poverty and injustice were over. The newly sworn in administration made mouth watering promises. We were told that our decaying infrastrucures will be revamped, that the educational and health system will be refurbished and upgraded, that there will be masive industrialization which will create jobs for the swarm of unemployed youths. The new government also promised to address the numerous human rights abuses of the autocratic military regimes and to respect the rule of law. Nigerians gullibly swallowed all the lofty promises and with high hopes, prepared themselves for the ride to the promised land. Alas, the implementation of the sweet promises proved not to only be an ardous task, but an impossible one. The first indication that the status quo was not about to change in the judicial system was the failure of the Justice Chukwudifu Oputa panel which was set up to investigate and resolve cases of human rights abuse during the military era. Victims attended the hearings and passionately presented their cases. But the various individuals, especially the ex military rulers indicted, snubbed the panel and refused to answer the summons. The government did nothing to make these people respect the panel which really undermined the credibility of the panel. Obviously, the hands of the government was tied because some of the indicted individuals bankrolled the campaign of the sitting president. At the end of the hearings, the renowned Justice Oputa and his colleagues made recommendations to the government which it contemptuously ignored and failed to implement till this day. Another case that comes to mind is that of the Apo 6 victims. These were 5 young men and a lady who were brutally murdered in cold blood on 7th june,2005 on the orders of a ruthless senior poice officer, Assistant commissioner of police Ibrahim Danjuma. At the time, the case generated much controversy and outrage. The police officers tried to lie by labelling the innocent victims armed robbers. These accusations were unanimously rejected by people who knew these young men as honest men engaged in legitimate business. Owing to the furore generated by the massacre, the federal government under former president Olusegun Obasanjo set up a judicial panel of inquiry which investigated the circumstances leading to the death of the victims. The panel rejected the police accusations and indicted the policemen for the gruesome murder of the innocent citizens. The federal government apologized to the families of the victims and gave them monetary compensation. The case was then transferred to court for the prosecution of the indicted police officers. One would expect that given the international attention attracted by the case and the intense media scrutiny, that the federal government would spare no efforts to ensure a expeditious and sound trial. Unfortunately, that was not the case, a year and two months after this welter of incontrovertible evidence was gathered, two of the accused, Deputy Commissioner of Police Ibrahim Danjuma and Police Constable Emmanuel Acheneje were granted bail by Justice Isaq Bello of Abuja High Court. That was on Wednesday, August 2, 2006. The two were admitted to bail on medical ground. While Danjuma was said to be suffering from diabetes, ulcer and heart problem, Acheneje was said to have contracted the Human Immunodeficiency Virus (HIV) and in the Justices opinion, granting Bello bail would enable him seek adequate medical treatment while that of Acheneje was predicated on the excuse that he could afflict other inmates with other ailments, which come with HIV/AIDS. And you would have thought that if for any reason whatsoever, such a man standing trial for so dreadful a crime was to be granted bail, the conditions would be so stringent, particularly bearing in mind that Danjuma had made several attempts in the past to escape from detention and also the fact that one of the principal suspects, Othman Abdulsalam, the DPO of Garki Police Station at the time the crime was committed escaped from the police detention facility and is still on the run. The case narrated above is just one of numerous cases in which average citizens are denied justice and the privileged are allowed to commit crimes with impunity. I am sure that there are cases that are far worse than this, but this one happened to come to limelight. The situation in Nigeria today is that the ordinary man has lost hope in the Nigerian judicial system. The problems are numerous and apart from corrruption, which is clearly at the root of all problems in this country, the system is run by unpatriotic and mediocre people. Approximately seventy percent of the inmates in all the prisons in this country are awaiting trial. The judicial process is so tardy and sluggish in this country that some people serve out the term of their alleged crimes before the completion of their trials. The case is even worse for poor people who may not be able to afford legal representation. The Nigerian prison system is a mess and the conditions in most of them are worse than that in Hitlers concentration camps. The police have no respect for the rule of law and ordinary citizens are sometimes treated like animals. Sometimes, people arrested for various crimes are held in police detention for extensive periods of time without reference to the stipulations of the law book for the maximum period people can be detained without trial. The police force being one of the most corrupt institutions in this country also exploits the masses blatantly by charging outrageous fees for bail and demanding financial inducements from the weak and desperate. Most analysts and stakeholders have concluded that unnecessary and frequent delays experienced in judicial proceedings have great adverse effects on the administration of justice in Nigeria. This situation is brought about by the congestion of cases in the courts as well as unnecessary adjournments sought by counsels in both civil and criminal proceedings. Recently, eminent jurist, Justice Chukwufudi Oputa, (JSC) identified delay and huge expense as twin weaknesses of Nigerias justice system. Justice Oputa said: The administration of the justice in our courts suffers from two major constraints, namely delay and expense. If it takes seven to ten years to decide a case, prospective litigants may decided not to go to court at all. But the one thing that frightens prospective litigants from the court is the inordinate expense which has to be incurred with the result that a very large proportion of our countrymen are as it were, priced out of our legal system. The present administration of President Umaru go slow Yaradua which made lofty promises of respecting the rule of law has failed to live up to expectations. There has been no reforms designed nor implemented in this institution and the status quo has been maintained. The rich are still sheltered from justice and there are still cases of judicial witch hunt. This is evidenced by the shabby handling by the EFCC of the prosecution of the corrupt ex-governors like James Ibori. The Federal government if anything has gone out of its way to protect these corrupt politicians fro the hands of justice. We all watched with shame as the Attorney general succesfully frustrated the prosecution of Ibori and his accomplices by the United kingdom. such a macabre dance can only make credible nations to scoff at the governments anti-corruption battle and further distance themselves from this cursed land. It is well known that there are two sets of rules in this country,one for the poor and another for the rich and privileged. The only area in our judicial system where we have recorded marginal success is in the election petition tribunals although it can be argued that this does not directly apply to the common man, because in most cases,the litigators are affluent members of the society. Nevertheless, this piece cannot be complete without mentioning the landmark judgements that has come out of the election tribunals in recent times. The success of Gov peter Obi at the electoral tribunals and his subsequent reinstatement by the supreme court is worthy of mention. Also, the victory of Adams Oshiomole was also remarkable given the fact that he was clearly elected on a popular mandate. Some other noteworthy judgements were bastardized by the sleazy and stinking INEC, Nigerians corrupt electoral body notorious for being an appendage of the ruling peoples democratic party. This is evidenced by the cases in Kogi,Enugu and most recently, Ekiti where the gubernatorial elections were upturned only for the shameless electoral umpire to reenact the same electoral sham. Lately, Nigeria once again made mockery of itself in the international community following the mayhem that occured in some northern states during the crash of the radical islamic sect, Boko harem with security agencies. The leader of the sect was captured and killed in police custody igniting widespread international condemnation. It is indeed, very unfortunate and distressing that in the year 2009, when less endowed countries are making progress and undergoing widespread advancement, Nigeria is still indulging in extrajudicial killing. No matter the magnitude of the crime committed, every individual is entitled to fair hearing. All accused remain innocent until convicted by a legitimate court of law. This is a basic knowlege and for the police force to disregard that shows that we still have a very long wy to go as a country. In conclusion, the fate of the common man in the hands of the Nigerian judiciary is bleak and forlorn. Infact, there is no justice for the common man in our present judicial system. The judicial system needs to be completely overhauled for it to function in line with international standards. Of course, reforming the judicial system cannot be effective without overhauling the police force which is in an even worse shape. We have to purge this country of corruption for us to make any tangible progress in this regard. We need responsible, honest and committed leadership and only a credible electoral process can produce that. Only a responsible and selfless government can implement people-oriented reforms which will impact on the various institutions in this country including the judiciary so that they can function in line with the prevailing standards in developed countries. Till then, the fate of the common man in this country remains in Gods hands.