Allow embattled judges to prove their innocence – Sowemimo

How will you comment on the recent arrest of judicial officers by the security operatives? Well, it’s a welcome development. I believe it is geared towards sanitising the judiciary. So far, there is evidence that large sums of money were found in the houses of these judges. We wait to receive their explanations as to […]

How will you comment on the recent arrest of judicial officers by the security operatives?

Well, it’s a welcome development. I believe it is geared towards sanitising the judiciary. So far, there is evidence that large sums of money were found in the houses of these judges. We wait to receive their explanations as to how they came about the money. I think the exercise should have been more comprehensively undertaken. I am not very sure that the allegations that have been made are limited to these judges alone. I will not be surprised that there are several others who are yet to be investigated. What this then means is that others who are equally corrupt will have an opportunity to hide away whatever money and whatever evidence that could implicate them. But it’s a welcome development.

Some of your colleagues said the Department of State Service (DSS) ought to have referred the issue to the National Judicial Council (NJC). Do you agree?

We are not simply talking of professional misconduct; we are talking of commission of a crime.  NJC is not the proper body to try criminal matters. If the allegation is strictly on some professional misconduct, where there has been no mention of a crime being committed it is a different thing. But, once a crime has been committed then there is no basis for referring the matter to the NJC before taking any action. 

But does it not matter that the affected judges are still serving?

Yes, they are serving but a crime has been committed. Is it because we are talking of a bribe? So, if a judge commits murder, are you saying the police should fold their arms; that they first take the matter before NJC before the judge can be tried? A crime has been committed and the NJC is not the body charged with the responsibility of taking the necessary action. Let us commend the DSS for their work.

Are you not surprised that even justices of the apex court are involved?

I am not surprised.

Why not?

It is already in the public domain for a long time. People generally have been talking about it. We are all in Nigeria and we have been hearing rumour about corruption on the Bench. So, why do you think it was limited to any particular hierarchy in the judiciary? Generally, there have been so many complaints about corruption on the Bench and I have no reason to think that it was limited to any particular tier of our judiciary system.

What lesson do you think the judiciary should learn from this?

The lesson is that impunity of corruption is not something that someone who has taken oath of office should engage in. The consequences are that the good name that has been built over the years will be destroyed by such conduct. Judges should conduct themselves in such a way that they are above board. They should not expose themselves to the kind of things that will tarnish their reputation.

It is reported that huge amount of money was discovered in some of the judges’ homes. Could this be as a result of meager salaries’ of judicial officers?

Well, I agree that there is room for improvement in the emolument of judges because I wouldn’t be surprised if members of the National Assembly who hardly do any work earn far better than our judges. I am sure, when you compare the salaries of other segments in our society to what judges earn, you will see that what judges are earning can be improved on tremendously. So, I think there is room for improvement. Again, there is element of greed involved in this when you have instances of corruption.

But, let’s be clear about one thing, we must still grant these judges the presumption of innocence. 

While the effort of the DSS is commendable, there is also a need to have a search light on the judiciary. But, it shouldn’t be reckless exercise. It is something that should be done with painstaking investigation. If at the end of the day, it is discovered that there is no justification for the action taken by the DSS, then these judges deserve apologies and compensation.

In the past Nigerian judges served in international courts as well as in other countries as judicial officers. How will the recent happenings affect Nigerian judges globally?

 This is dent on the judiciary and it affects the image of our judiciary in other African countries. It will have negative impact, in that Nigeria will no longer be a country where other countries solicit for judicial personnel. Our judicial officers will no longer be as attractive as before. 

The Body of Senior Advocates of Nigeria (BOSAN) had warned the federal government and its agencies to ensure that its anti-corruption battle is fought within the ambit of the rule of law devoid of abuses of the fundamental rights of Nigerians. How will you react to this?

I don’t think that comment is fair, people saying that seem to have misunderstood the statement we issued. The important thrust of our statement is that, we are wholly supportive of the government in its anti-corruption crusade but we want them to observe due process. That is the only reasonable position for any lawyer to take. There is a risk that if they don’t do that, they will undermine the credibility of the process itself. I don’t think there is anything in our statement that shows we are trying to protect some people. Even in that statement, we made it clear that we are not going to support any member of the body that runs afoul of the law.

We do not intend to shield anybody, nothing in our statement suggest that the government’s anti-corruption fight is not appreciated. 

Some of your colleagues are on the Bench, is it wrong for you to assist them financially when necessary? 

Personally, I don’t interact with my colleagues who are on the Bench. I don’t recall any social interaction with them. Of course, if we meet at any function we probably greet but to go to their chambers or their homes to visit them, I can’t even recall in the past 20 years that I have done so.

 Speaking for myself that has not been my experience. Even, I have colleagues who are at the Supreme Court; I don’t even remember their names. People tell me some of our colleagues at the law school are now Justices of the Supreme Court. Until they tell me, I don’t even remember, so, the question of following up does not even arise.

 But, in any event it is even wrong to foster any close interaction with any judge because there is bound to be that integrity issue. Even if there is a judge that you want to assist, you must make sure that it’s not a judge before whom you have a case. If I had a blood brother who was on the Bench, I will say of necessity, we will interact and have close family relations, but if it’s a judge that we are not related any of such assistance could be misinterpreted.

 What I will say is that one should avoid it except there was a way of making disclosure of facts. Honestly, I can’t really explain how a lawyer assisting a judicial officer will not be misinterpreted, especially if that lawyer has cases before the judge. So, it is better not to engage in that kind of interaction.

 How do you see the decision of the NJC to compulsorily retire Justices Idris Evuti and  Oluyinka Gbajabiamila for misconduct?

 I believe that if any judge has been found guilty of misconduct, especially one which borders on corruption then such judge should be sanctioned and when necessary be prosecuted for it.

But, where there is no indication of corruption but as a result of failure to act diligently such as lateness in delivering of judgment, in such a case giving a warning might be sufficient. What makes the case of Justice Gbajabiamila troubling is that they said the judgement had been outstanding for about 22 months. Again, that he issued approval for execution when there was a motion for stay of execution in his file. 

Certainly, his actions in those regards are questionable. You can’t blame the NJC for sanctioning him. But personally, my own knowledge of him, and what people say about him is that he is not ordinarily a corrupt judge. He seems to have reputation for being quite honest but the default in writing judgement for so long certainly brought about the sort of sanction he has obtained.