AKEEM NAFIU 
AKEEM NAFIU writes that as Nigeria clocked 64 last week Tuesday, it was time for senior lawyers to appraise the judiciary and its role in nation building
Despite having to contend with powerful variegated forces since 1960, lawyers at the weekend, were unanimous that but for the judiciary, the nation called Nigeria would have disintegrated and became history as some of those issues which otherwise would have consumed the country were doused by the third arm of government.
“The Judiciary arm of the federation of Nigeria has done better than the other arms of government in Nigeria. It has played the role of unifying the constituent parts of the federation at critical times”, one of them said. Another one said: “Out of the three arms of government, I think Judiciary is still playing the leading role.
Judiciary is more effective than the Executive and Legislature”. The lawyers; Chief Mike Ozekhome (SAN), Dr. Joseph Nwobike (SAN), Dr. Olisa Agbakoba (SAN), Dr. Biodun Layonu (SAN), Mr. Amobi Nzelu (SAN), Mr. Mba Ukweni (SAN), Mr. Olalekan Ojo (SAN), Dr. Kayode Ajulo (SAN) and Kabir Akingbolu commended the judiciary for its steadfastness amidst daunting challenges.
Chief Mike Ozekhome (SAN)
“At 64 , Nigeria is still a country yearning for nationhood. What it means is that we are not united. We are still what late Chief Obafemi Awolowo called a piece of geographical expression. Ahmadu Bello once said it was a piece of historical mistake because we were coupled together on January 1, 2014 by Lord Lugard .
The Southern and Northern Confedaries in Lagos colony after Nigeria has been given her name by a young British author who wrote financial times on 8th January 1897. “That was the first problem. In other words, we were coupled together through direct and indirect system. Before then , we were operating and enjoying our independence.
The Benin empire, Oyo empire, the Kanem of Borno empire, the ancient Ife. We were already independent having our own system of government and we were happy. That was the beginning and the end of our problem as a nation . “If we don’t have nationhood, nobody will believe in Nigeria.
Take for instance , if you are asked to fill a form, you will be asked after your name, your state of origin, your local government and your religion. With that, you have been profiled to know whether what they want to give out can come to you .
“For the judiciary, I can say that with all the problems besetting the judiciary from time immemorial, particularly from the flag independence we got 64 years ago till now, I still dare say, thumping my chest that the judiciary remains the best of the three arms of government in terms of upholding democracy, in terms of deepening and widening the plenitude and the amplitude of democracy.
“I have rated the judiciary higher than the two other arms of government because the executive, the legislature and the judiciary constitute the three arms of government in the tripartite doctrine of separation of power famously popularized by the great French philosopher, Baron De Montesque in 1748.
That is not to say that the judiciary does not have its own problems; problems that are systemic; problems that afflict its performance; problems that question its integrity in the eye of the average common man in terms of dispensation of Justice”.
Judiciary remains the best of the three arms of government in terms of upholding democracy
Dr. Olisa Agbakoba (SAN)
“The way you determine the confidence that an institution such as the judiciary enjoys is by public perception. You don’t need me to tell you that the public perception of the judiciary is not very favourable and that has been an ongoing issue of how can the judiciary improve its image.
“Part of the reason for this weak perception of the judiciary seems to arise mostly from its involvement in political cases in relation to elections, which I hope that going forward, the judiciary will be insulated.
“So, unfortunately, because the judiciary is not insulated, the election of political leaders seems to have been transferred from the people to the judiciary and that has caused a lot of challenges, perceptions and misperceptions.
One party wins, the other side loses, and accuses the judiciary of bribetaking. “So, the role of the judiciary in nation-building cannot be secondguessed; it is vital. It is almost to be compared to a question, what is the role of the constitutional monarchy in England?
“The judiciary should be seen such that once it has said something, both sides accept it. There will be no doubt that what has been delivered is actually what ought to be delivered. That is the role the judiciary ought to strive, to have the respect and confidence of both sides”.
Dr. Joseph Nwobike (SAN)
“The judiciary arm of the federation of Nigeria has done better than the other arms of government in Nigeria. It has played the role of unifying the constituent parts of the federation at critical times. Despite its challenges, it has demonstrated an open commitment and willingness to unite the country and ensure its stability on a continuous basis”.
Dr. Biodun Layonu (SAN)
“The role of the judiciary is clear. The judiciary needs to correct and remedy itself. All these conflicting judgements and all that, they must know how to deal with it, how to reconcile it very quickly.
“The judiciary must always remember that it is that common refrain that everybody sees as the hope of the common man because it is only the judiciary that can protect even the citizen against the might of the state and a lot of the times it is the state that is doing a lot of injustice, and who will protect the ordinary citizen, it is the judiciary”.
Amobi Nzelu (SAN)
“A compromised judiciary is the greatest bane of any democratic dispensation. And every man has looked up to the court, to the judiciary, to salvage or to remedy any wrongs done to him. “But the day another man is meant to understand that he can no longer get justice, he will resort to self-help, which will lead to chaos in the country.
“The judiciary should distance itself from this mischief powder being rubbed on both the executive and the legislative arm of government. The judiciary should stand erect and speak the truth. The judiciary carries the burden of the entire nation. “Up to the time the Army took over, ruled with a decree, it is only the judiciary that survives.
So, the judiciary has survived everything, because whether civilian or military, the judiciary is there. “In recent times, there is nothing to worry about. I have been in this profession for 44 years and I can tell you for sure that what I am seeing today, I never paid attention to when I became a lawyer “It is very disheartening, the same facts, the same applicable laws, different conclusions by different judges.”
Mba Ukweni (SAN)
“The judiciary plays a pivotal role in a democratic setting, even during the military era. So, if the judiciary does not stand firm to do its work, like we have complained, and there are a lot of complaints about the infiltration of the politicians taking over and then dictating what goes on there, there will be corruption in the system.
“If those things are not shown the way out, and the judiciary remains upright, then we have no hope. There are many people who no longer have hope in the judiciary. “Somebody sitting as a judge is expected to be blinded to whoever comes to him to seek justice. But is that what is going on at the moment?
“Corruption should not be entertained in the judiciary because it is the one to try others. The judiciary has done its best. When this democracy started, the judiciary was a stabilising factor. The judiciary is supposed to remain firm. “If the judges sitting there, dispense justice in the way that it should be done, even the other two sectors, the executive and the legislator will be firm”.
Olalekan Ojo (SAN)
“In any society, community or country, there must be disputes. Disputes between the governed and the government, disputes among the citizens, and commercial disputes. “Look at the criminal law, for example. The judiciary plays a very important role in nation-building. In several ways, including ensuring that the two organs of government, that is, the legislature and the executives operate, carry out their constitutional roles and duties in accordance with the law.
“Whenever any dispute is turned over to the courts, the two sides cannot win. The side that has won will praise the judiciary. The side that has lost, in most cases, will find fault with the judiciary. “But on the whole, as far as I am concerned, the judiciary has remained the bastion of democracy, the bedrock of the rule of law.
“Everybody talks about the rule of law. Everybody knows the importance of the rule of law in any community, in any country. It is the judiciary that enforces and ensures the observance of the rule of law. “However, over the years, it appears as if the much-needed confidence in the judiciary has been gradually eroded.
I was ashamed years ago when somebody said, in Nigeria, when a party has breached the rules of the game in an election, so far that it has won, it will tell the other side, go to court. “They say so with confidence, because according to the man that spoke, the judiciary is in their pocket. I am not saying he is right, but I can say that this represents the view of many Nigerians as of today. They no longer see the judiciary as the last hope of the common man.
“In essence, the judiciary must be manifestly seen to stand. Whenever any decision is handed down by the judiciary, we must have the confidence that that is the law. We must have the confidence to say that, yes, nobody has been compromised.
“There is a popular saying that justice must not only be done but must be manifestly seen to have been done. The judiciary must do everything necessary to restore it to the olden days”.
When this democracy started, the judiciary was a stabilising factor
Dr. Olukayode Ajulo (SAN)
“As Nigeria celebrates its 64th Independence Day, it is crucial to reflect on the judiciary’s pivotal role in nation-building. The judiciary, often referred to as the third arm of government, has been instrumental in upholding the rule of law, protecting individual rights and fostering democratic governance.
“The judiciary serves as a guardian of democracy, ensuring that the rule of law prevails and that individual rights are protected. As Alexander Hamilton aptly stated, ‘The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” This underscores the judiciary’s critical role in safeguarding constitutional provisions and promoting democratic ideals.
“The landmark case of Afolabi v. State (2008) illustrates the judiciary’s role in protecting individual rights. In this case, the Supreme Court emphasized the importance of due process and fair trial, reaffirming that no one should be deprived of liberty without a fair hearing. Such judgements reinforce the judiciary’s commitment to upholding justice and democracy. “Despite its vital role, the Nigerian judiciary has encountered numerous challenges over the years.
The judiciary has struggled with maintaining its independence. Political interference often undermines its impartiality. “Allegation of corruption, though rarely established against the judiciary has eroded public trust. Some pockets of enquiries and research into corruption, by various agencies, both formal and informal, have revealed disturbing trends that stained judicial integrity. “Despite these challenges, the Nigerian judiciary has made notable strides.
The judiciary has delivered landmark judgements that promote human rights and strengthen democratic institutions. “Efforts to reform the judiciary have led to improved efficiency and transparency. The establishment of the National Judicial Council has been a significant step towards enhancing judicial accountability and independence. “Over the past 64 years, the judiciary’s performance has been a mixed bag of successes and challenges. While it has faced significant obstacles, it has also demonstrated resilience and a commitment to upholding the rule of law”.
Kabir Akingbolu
“Out of the three arms of government, I think Judiciary is still playing the leading role. Judiciary is more effective than the Executive and Legislature, even with remuneration far below the other arms, although thankfully, remuneration of judges was recently increased by the president.
“To whom much is given, much is expected, this upward review in salaries should
spur the beneficiaries to better performances on their jobs, while also enhancing effective administration of justice. “In essence, over the years judiciary has fared very well, however, there are some grey areas that needs to be addressed.
One of such is the issue of conflicting judgements by courts of coordinate jurisdiction. Some of the judges who were found culpable most of the times are not punished. This is very unfortunate. Every erring judge must be reprimanded. So, despite the accolades, more is expected from the third arm of government”
