Judiciary has given human face to our democracy – Bayeshea

Some lawyers bring frivolous political suits to court, is there any way this type of practice can be stopped?Until we develop a self regulating system that will knock off such frivolous matters because the court is supposed to be busy dealing with more important matters affecting our people than for frivolous political matters. It is […]

Some lawyers bring frivolous political suits to court, is there any way this type of practice can be stopped?
Until we develop a self regulating system that will knock off such frivolous matters because the court is supposed to be busy dealing with more important matters affecting our people than for frivolous political matters. It is like wanting to politicise the court.
What model of rule of law would you subscribe to?
I will subscribe to a model of the rule of law on which democracy can be sustained. Actually the rule of law is the bed rock of democracy, it is the foundation. That is why I would not subscribe to a situation where one party would want to win everything. That will no longer be democracy. Variety is even the spice of life. The more people on the democratic field, the better for us because it means that no one person or group of persons can hold the country to ransom.
So to me rule of law would strive better if the players play according to law, not arbitrariness and not high handedness, because we have had enough of that under the military. Again the judiciary should be strengthened to perform well for rule of law to be meaningful because it is the judiciary that can actually give effect to the rule of law to sustenance of democracy. In most cases politicians disagree with themselves and everything is taken to the court for resolution.
What is your take on what is presently happening in the  Nigerian Governors’ Forum vis-a vis the rule of law?
Part of the desecration is what is happening in the Nigerian Governors’ Forum, (NGF) where you will expect high level of democratic process, discipline, probity and adherence to democratic principles and with what has been demonstrated in recent days shows that our democracy is in danger. If such a small matter like this cannot be handled properly by the NGF, where does the citizen belong and what is the hope of the ordinary citizen of this country, that we can have a good and credible election that people will agree?  So democracy is in danger and there is a real threat to the democratic process and to the adherence or recognition of rule of law as bed rock of democracy. Am worried that at the level of the NGF, that kind of thing is happening and falsehood is been promoted as truth, that is a problem. They cannot even accept the result of their own election.
Would you subscribe to a situation where serving judges are not appointed to sit on election petition matters, whereby only retired judges will be appointed on those panels?
The truth of the matter is that whether serving or retired, anybody can still be influenced corruptly. People have the impression that those who are retired would not be subject to manipulation by the executives but is it not somebody that is responsible for appointing the retired judges? Those who are responsible for appointing can still influence such people also, it is possible. It is one funny way of trying to proffer solution to the hydra headed problem that is called corruption. Deal with corruption head long and then everybody will fall in line whether retired or serving.
Let there be a decisive action to confront and tackle corruption, then there will be a general code of ethics so that whether you are retired or serving, there will be a general standard that anybody can be dealt with, when found wanting.
But paying lip service and scratching the matter on the surface can be a window dressing approach to the fight against corruption and it will not help anybody. And you know that politicians are very desperate, they can influence even the dead and the living to any length so whether you are retired or serving is not even the matter.  What is important is the character content of the appointee,  after all we have some judges that are retired but were corrupt when in service, or does it mean that because you have retired you have become saintly? To me that is not a solution.