A retired judge of the Federal High Court of Nigeria, Justice Ibrahim Buba, has accused politicians and not the judiciary of being responsible for the prevailing impunity in virtually all the sectors of the country.
According to him, until the political class, which constitute the executive arm of government, begins to obey the orders of courts, good governance would continue to elude the country while democracy would continue to be endangered.
Justice Buba spoke in Abuja at a one-day workshop on Judicial Accountability, organised by TAP Initiative in conjunction with Open Society Foundation (OSF).
The jurist said that although the judiciary, amongst other arms of government, has the strictest forms of regulations as well as qualification, the failure by politicians to respect the country’s constitution and their own rules would not make Nigeria a better society.
In his keynote address titled, “Impact of Judicial Accountability on Public Trust in the Legal” the retired Federal High Court judge observed that if politicians play by the rules, a lot of political cases would not reach the courts in the first instance.
“The Nigerian judiciary, undoubtedly, is being overworked by politicians to sustain democracy, it is very easy for an outsider not to see the ‘cow’ on the head of the politician and political class, to quickly see the ‘lice’ on the head of the judiciary”, he said.
“No amount of judicial activism by the judges can better a society if the political class are not willing to play by the rules of the game, according to the constitution of their parties enacted by them and given to themselves, a fotiori the Constitution of Nigeria.
“Obedience to court orders is sine qua non to order and good governance, if judgements of courts and court orders go forth without respect and come back without effect, society and by extension democracy will be endangered,” he added.
While arguing that never in the history of Nigeria are the courts so inundated with pre-election matters and election petitions, as under the current dispensations, the former jurist submitted that the Nigerian judiciary has given a very good account of itself.
According to him, the “judiciary in spite of all odds, has to work with incompetent, poorly paid support staff whose trust cannot be guaranteed, judgments can be leaked to the press before being delivered.
“The Nigerian judge, a product of the Nigerian society and not from the moon, is still struggling to hold the balance evenly, why wouldn’t we say the Nigerian judge has given a good account of himself, why would we not say he is one of the best in the world.
“Nigerian judges are courageous, very, very courageous, they have dared the military, they have dared the political class, like every society, they have also dealt even with their colleagues who are found wanting.
“We have increased in numerical strength, both at the bar and on the bench, it is our duty to carryout checks on our members and the way we do things and stop crying wolf where there is none.”
He also accused politicians and political actors, who cannot have their way, of undermining the independence of the judiciary, not only starving it of funds but ensuring an erosion of independence and trying to remove chief judges unconstitutionally.
He said, “Even agencies of government who cannot have their ways would want to have their judges and their courts, so as to act ultra vires their statutory powers and the constitution of the Federal Republic of Nigeria.”
Buba noted that if the country play politics of development and politics of advancement, resources will not be wasted on inter-party fighting, election petitions and by extension, dragging the judiciary in the mud of the conflict.
The executive director of TAP Initiative, Mr Martins Obono, in a welcome address, stated that the workshop was aimed at enhancing public trust and confidence in the judiciary.
He however lamented that judicial officers shy away from accountability and canvassed for a change of heart.
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