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From Godwin Tsa Abuja
The Attorney General of the Federation and Minister of Justice (AGF), Prince Lateef Fagbemi and the Nigerian Bar Association (NBA) have emphasised the need for both the executive and legislative arm of governments to always respect the independence of the judiciary, which they described as the cornerstone for the rule of law and democracy.
They spoke separately at the 2024 annual conference of the Court of Appeal justices in Abuja.
In his goodwill message at the event, Fagbemi noted that regardless of the challenges that has bedevilled the nation’s judiciary, it is imperative to remain vigilant and steadfast in the defence of judicial independence.
While pledging to uphold the principles of judicial independence, the AGF, however, said he would work tirelessly to ensure that the judiciary has adequate resources to support its needs to carry out its vital functions.
He was, however, quick to explain that, “this does not in any way compromise judicial independence, as the executive branch remains a developmental and statutory partner in the administration of justice.
“It is trite that each of the independent three arms of government exercises separate powers, but the emphasis has always been on judicial independence, which is a major cornerstone or bedrock on which the rule of law and our democracy rests.
“We must acknowledge that challenges to judicial independence persist. These challenges can come from various sources, including political interference, public opinion, especially perpetrated on social media, and even well-intentioned efforts to improve the justice system.
“It is, however, imperative that we remain vigilant and steadfast in our defence of judicial independence,” Fagbemi posited.
He further promised to promote public understanding of the importance of judicial independence and to foster a culture of respect for the rule of law.
He acknowledged what he described as significant strides made by the Court of Appeal in promoting judicial inclusion.
“A truly just society is one, where every individual, regardless of their background, has equal access to justice.
“This is a fundamental right enshrined in our constitution. The Nigerian judiciary, as the guardian of justice and the protector of our rights, must reflect the diversity of the nation it serves.
“Aside from meritorious judicial appointments, judicial inclusion can also be achieved by enhancing accessibility to justice and fostering public trust and confidence,” he stated.
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On his part, the president of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, said for the judiciary to play its role in ensuring effective justice delivery, it must be independent and free from any form of interference or influence in terms of funding, political manipulation and appointment, among others.
The association said it was worried over the closure of the Court of Appeal divisions in Awka, Owerri and Enugu, on account of the prevailing security situations in the South East region.
Osigwe maintained that the total shutdown of the courts had significantly hampered access to justice in the affected divisions.
He urged the leadership of the judiciary to allow options like virtual hearings through technology in the three divisions, saying, “Justice must never be a casualty of insecurity.
“Your Lordships, may I also address the recent reported closure of the Court of Appeal divisions in Awka, Owerri, and Enugu, on account of the prevailing security situations in the region.
“While the safety of judicial officers, staff, and litigants must remain paramount, the total shutdown of these divisions significantly hampered access to justice in the affected divisions.
“We once more respectfully urge the governors of the region to assert the authority of the state and ensure by their words and actions that the security of lives and property of the people, particularly that of judicial officers, who man various courts in the region, is guaranteed.
“They must show the ability of the states not only to govern but also to protect and secure the people. We cannot afford to have three divisions of the court shut down. All hands must be on deck to do the needful to ensure that these divisions of the court function.
Osigwe emphasised that the efficacy of exercising constitutional, judicial power is firmly anchored to a moral authority that rests on public confidence.
“We must have an efficient judiciary manned by judges, who conduct proceedings with fairness and integrity in all their dealings both judicially and efficiently,” the NBA president charged.
He highlighted the challenges confronting the judiciary to include undermining of the independence of the judiciary by the executive arm of government, using security agents to invade their homes and intimidating them; government officials, lawyers, litigants and members of the public talking down on and brazenly denigrating the judiciary and ridiculously dumping all the ills and failures of society on the judiciary and the perception of the judiciary as a weak and malleable organ of the government and attendant loss of confidence in the justice system.
Earlier in her welcome address, the President of the Court of Appeal, Justice Monica Dongban-Mensen, noted that the jurisdictional framework of the Court of Appeal is always enriched by the collective knowledge and expertise of its justices, who harness their individual and shared experiences to inform the discharge of their duties.
She, however, noted that regardless of their knowledge and expertise, justices are not immune to errors, biases and prejudices in making their decisions.
“To address these limitations and ensure the delivery of justice, judicial introspection offers a mechanism for self-reflection, in depth analysis, and ongoing improvement,” she noted
