Before The Judiciary Commits “Suicide”

It has become imperative that any judicial officer who is interested in politics should kindly resign and join politics, instead of allowing himself to be used as a tool to ridicule the nation’s judicial system. I believe some judicial officers need to learn from the events that happened during the time of Justice Samuel Wilson Egbo-Egbo.

When there are two conflicting decisions emanating from two courts or coordinate jurisdiction, the one that comes first is supposed to prevail of course. If care is not taken, some of the rulings of some judicial officers will eventually become dangerous precedents to the country’s jurisprudence. Ordinarily, a judicial officer is not supposed to allow his personal interest come into a matter which is brought before him. Once he perceives such, he or she, as an upright person, should recuse himself from the matter, which will eventually be transferred to another judge.

Some of the orders/rulings made by a particular judicial officer are bizarre and even strange to our legal system too. Truly speaking, no Law, Act or even prior decision of the Supreme Court can be used to support such rulings. In fact, mere looking at such decisions, one could easily detect they emerged from a biased mind.

Jimmy Abia was actually right when he mentioned that the media equally have a role to play. Some of the media are misinformed or may not carry out some investigations properly before updating their news on legal matters, which in turn might mislead the public.

The media should endeavor to inform the public properly rather than misleading them. They shouldn’t also allow themselves to be dragged into the murky waters of Nigerian politics which could actually make them disseminate false information.

A Federal High Court in Lagos made an Order which is entirely different from the one a FHC in PH made. Another FHC in Abuja sacked Modu Sheriff as the PDP National Chairman. Another FHC decided to set aside an Order made by another Court of coordinate jurisdiction. This even sounds like a jumble of uncoordinated sounds.

Since when do courts of coordinate jurisdictions preside over same matter, after Order made by one of them is still subsisting? This will amount to a court of coordinate jurisdiction seating as a Superior Court over a matter or rather seating on appeal over a matter which has been ruled on by another Court of coordinate Jurisdiction.

None of those Courts are superior to the others, they are on the same level as far as the 1999 Constitution of the Federal Republic of Nigeria (as amended) is concerned. The Constitution and some of our judicial precedents also frown at some of the rulings of this judicial officer. Litigants and lawyers should also avoid forum shopping too.

Finally, it will be in the interest of our dear country for some of judicial officers to be honest enough as people of integrity to recuse themselves from matters once there will be the likelihood of bias or interest in the matter.

May God bless the Nigerian judiciary, judicial officers; SANS, legal practitioners, NJC, citizens and my dear country, Nigeria.

Chiamaka Nwangwu, a legal practitioner, wrote from Lagos. [email protected]