NBA Warns Buhari’s Govt Against Undermining Judicial Independence

The Nigerian Bar Association (NBA) has warned the President Muhammadu Buhari-led government against practices that undermine the independence of the judiciary.

President of the NBA, Paul Usoro, in a remark at an event to mark the beginning of the 2019 judicial year in Abuja raised the alarm over a recent tele guiding and programming of the decisions of the court.

He also said the independence of mind and thoughts by judges in the determination of matters before the courts is under severe attack.

He said “the mental and physical disposition of judges was instrumental to the attainment of justice in any society”.

He said the executive arm of government and its agencies are increasingly and unceasingly critical of the judiciary and its decisions “particularly in matters that the Government and its agencies may be interested in.”

“It is not unusual these days to hear high officials of government talk down the judiciary and ridiculously and rather ill-advisedly dump all the ills of society on the judiciary,” he said. “Decisions by Your Lordships are sometimes brazenly denigrated and attributed to ulterior and ill motives – and these on social and traditional media platforms.”

He said “veiled and sometimes open and, in all cases, audacious attempts are made to tele-guide and program the decisions of courts”.

“These are very dangerous practices that destroy the independence of the judiciary and by extension the rule of law and indeed the fabric of our society.

“The society needs and can only survive if we have independent-minded judges who are empowered to dispense justice to all manner of men, including government departments, without fear or favor.

“We can only survive as a nation if the independence and vibrancy of the judiciary, particularly, the non-interference with the thoughts and decision-making processes of Your Lordships, are guaranteed and protected.

“Self-help and anarchy ultimately become the available remedy. Of course, our economy suffers in the process: the investing public, both local and international lose confidence in our justice system consequent upon these denigrations of our judiciary and there follows a consequential downturn in our economy with the attendant fallout on the socio-economic wellbeing of our people.”

Usoro is currently facing trial on allegations of fraud. He stood against the removal of former Chief Justice of Nigeria, Walter Onnoghen.

Recall that Onnoghen, few weeks before the general election, was forced out of office following allegations of false asset declaration.