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The bedrock of our democracy is the rule of law which means we must have an independent judiciary, populated by judges who can fearlessly and courageously take decisions independent of the dominant political wind.
To ensure judicial independence, the doctrine of separation of powers as a model for the governance of a state was popularized by early scholars like Baron Montesquieu. Under this model, organs of government are divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division is into three branches: legislature, executive, and judiciary.
The integrity of the judiciary is tied to her being independent in a manner that the system will operate unfettered from the over bearing interference of the other arms of government, particularly the executive arm. Only an independent judiciary can safeguard the interest of the people.
The first step in ensuring an independent judiciary is financial autonomy. So long as judges go cap in hand to beg for funds, so long as judges go to the president and governors to lobby for welfare, then the judiciary is not free. Like us, they are prisoners too and cannot prevent tyranny from enveloping the land.
Chief Justice of Nigeria, Tanko Mohammed, addressed the vexed issue of an independent judiciary at the commencement of this year’s Legal Year of the Supreme Court, where he affirmed that the Supreme Court which he heads is independent in the ways judges conduct their affairs, especially in their judgments.
However, in what seemed like a contradiction he admitted that their annual budgets are far below their needs and that he often has to “beg” for their funds to be released. The question is, how can you be “free” when you are starved of funds and even at that, you have to beg another arm of government before your money is released?
I most respectfully disagree with the CJN that the Supreme Court or any other level of the Judiciary is free enough.
The Supreme Court and the entire Nigeria judiciary is not free. It is widely known and everyone knows that. Like ordinary citizens of this country the judges are prisoners of the executive arm. Like every one of us they must plot their escape.
The jailer perfectly understands we are his captives. Perhaps to further the stranglehold, the president recently promised to ensure that his prisoners shall be well fed. Yes the president gratuitously pledged the Judiciary will be well funded.
Need I remind him that what we need now in this country is not a judiciary well funded by him but a judiciary that has financial autonomy at all levels as provided by the constitution. Need I remind him that even as he kept us prisoners , he must free our judiciary from any vice grip.
In Nigeria today, there is no freedom of speech, no free press, no freedom of thoughts, no free elections and no freedom of religion- the Shittes are not allowed to practice their faith as free citizens. This should not be happening in a democracy.
It is an elementary fact that whoever pays the piper dictates the tune. Starving judiciary of fund is a deliberate act, which we must all reject. The whole idea is to keep judges in check and have them tied to the apron of the executive arm. With the lawmakers pocketed and now the judiciary, we are heading towards a Nigeria where tyranny will reign supreme.
We watched with horror as the home of judges were invaded at midnight. We witnessed serving Supreme and Appeal Court judges arrested and charged to court without recourse to NJC. We saw the roles played by a cowed judiciary in the illegal removal from office of the former CJN. All these happened without consequence. No one was punished.
As long as the President is allowed to act the way he did in the removal of Justice Walter Onnoghen, the Judiciary is still a lapdog of the executive and must plot her escape.
What happened in the case of Onnoghen and the way the courts at all levels failed to protect him is a slap on the 1999 Constitution which affirms the separation of powers and checks and balances among the Legislature, Executive and Judiciary. I never for a moment envisaged that the judiciary in my life time would allow itself to be so bullied, harassed and intimidated. If the Judiciary cannot help itself, is it the traumatized citizens who see them as the last hope of the common man that they will give hope and relief?
It is no good pretending we have a free Supreme Court, when we know we don’t. Like us, the judges are prisoners and the sooner they realize they are co- prisoners in this big jail house, the better they will plot their escape.
The Judiciary must be allowed financial autonomy. They must be allowed to create, defend and apply their own budgets. It is in the interest of both the rulers of today and the ruled to have upright judges that are fearless and independent because one day, they too and their children will need justice.
The National Assembly must make laws that will unchain the judiciary. They should not wait for a bill from the CJN as one of them suggested during the Senate confirmation of the CJN or wait for an Executive Bill. As lawmakers; the Senate and House of Representatives must read the pulse of the nation and make legacy laws that will grant autonomy to the judiciary and invest resources in the improvement of our judiciary.
If the National Assembly has to “beg” the Presidency for its funds, this democracy would have died a long time. The importance of free and responsive judicial and law enforcement systems cannot be overplayed. If the citizens of a country believe they can obtain justice through the law enforcement agencies and the courts, they would follow the rule of law. But because the judiciary in most states and law enforcement systems are comatose, people are taking laws into their hands or resorting to self help. Many people are turning to voodoo for justice rather than approach our courts where judges have become businessmen.
Many of the challenges we face today, like insurgency, ethnic strife, violent crimes are linked to the failures of the justice system.
An independent judiciary is critical to the success of our democracy and the nation at large. We must therefore unite around Justice Mohammad Tanko in his quest for financial autonomy for the judiciary. We want a judiciary that is respected and an envy of the world.
The battle for freedom of the judiciary is a battle that must be won if we must save the core value of our justice system. Let’s not pretend the Supreme Court is free whereas it is in chains and crying for help. So long as any level of our judiciary, even as lowly as the customary court or magistrate court is not free, then our judiciary is not free, and that includes our Supreme Court.
