Legal masquerades

Night masquerades were known only to men who belonged to secret cults, but daytime masquerades were different, everybody including women and children could watch. The worst thing that could ever happen to a masquerade was to be disrobed, then everyone would realize they were harmless, simply ordinary people earning a living by dressing up. Every […]

Night masquerades were known only to men who belonged to secret cults, but daytime masquerades were different, everybody including women and children could watch. The worst thing that could ever happen to a masquerade was to be disrobed, then everyone would realize they were harmless, simply ordinary people earning a living by dressing up. Every Nigerian culture has its own traditional masquerades. They vary between those that wield sharp knives which appear able to cut everything excepting their own skins, those that pretend to threaten people with hidden features and long wielded sticks; those that dance or somersault in the skies; or those which instil fear.
The recent activities within the Nigerian legal profession showed our “Oyibo” masquerades on display.  At the occasion of the Nigerian Bar Association (NBA) Conference, the swearing in of new Senior Advocates of Nigeria (SAN) and the commencement of the new legal year, lawyers and judges dressed in full regalia to celebrate themselves. Bestowing honour’s upon each other, and quite evidently enamoured with their self-imposed mode of dressing, they appear far less concerned about the complete breakdown of the legal system. The National Human Rights Commission continuously protests the fact that over 70% of inmates in Nigerian Prisons have no business being there.  The Comptroller-General of the Prisons confirms that the majority of prisoners have not been convicted of any crime and are “awaiting trial”. Public prosecutors routinely fill our prisons with the innocent by obtaining initial detention orders then failing to pursue the case diligently, the scandalous result being some inmates spend up to fifteen years in prison without trial. On their own part the judiciary deals selectively with the guilty in judgments which ensure the poor languish in prison, while the rich get away with grand larceny. The absurdly light sentences given to high profile convicts like directors of pension funds, chief executives of banks, political high fliers and former top police officers does not inspire confidence. Corrupt former political office holders continuously take advantage of our failed legal system and walk free as a result of incompetent prosecution, dubious plea bargaining, or corruptly obtained judicial orders.
 Anyone unfortunate enough to be involved in court proceedings will marvel at the charade. Frustrated Judges constantly have to lecture young lawyers from the Bench telling them what they are supposed to be doing to expedite the course of justice. Ineloquent, un-composed, and with insufficient understanding of procedures or the important elements of a case, it is difficult to fathom how they obtained law degrees in the first place, let alone passed Law School examinations. Those who actually know their onions, practice what is commonly referred to as “jankara” (market place) law, selling their experience and knowledge of our inefficient Court proceedings to frustrate the righteous. They specialize in initiating frivolous litigations and obtaining ex-parte injunctions authorizing injustice. Sitting on top of the pile of advocates are the SAN’s, acknowledged to be the elite of the profession. They are entitled to the best schools for their children, overseas holidays, luxury homes, and therefore must charge high fees which innocent ordinary citizens can’t afford.
However election riggers, corrupt politicians, and big time fraudsters can, the end result being that the best brains in our legal profession don’t engage themselves in ensuring justice, but use their expertise to ensure that all manner of charlatans escape the long arm of the law. Since the Department of Public Prosecutions (DPP) doesn’t employ the calibre of lawyers who can face up to SANs in court, legal battles to secure exemplary jail terms for political and financial fraudsters on behalf of the general public, will remain an uphill struggle. On top of the legal profession sits the Judiciary. All said and done, it’s down to them to dispense justice. The National Judicial Council (NJC), State Chief Judges, and even the Chief Justice of the Federation, all admit unacceptable levels of corruption in the judiciary, but seem helpless to do much about it. Confirming that corruption has eaten deep into the system, former President of the Court of Appeal Justice Ayo Salami claimed senior Judges engage in judgment fixing and some dishonourable people not fit to be judges make it to the highest level of the judicial career. It’s an international embarrassment that judgments in Nigeria which were previously readily cited overseas are no longer regarded in UK and US courts.
The call by Chief Justice of the Federation for a “new” judicial code of ethics to tackle corruption, begs the question as to whether the existing judicial code endorsed it? In a sorry state of affairs Judgments are bought, sold, leaked, and altered with monotonous regularity undermining the rule of law, transparency, fairness and equality. Not surprisingly some retired Judges have called for caution handling the matter, saying that while it is important to discipline erring judges, efforts must be intensified to secure their welfare and protect their tenure. According to them poverty and lack of welfare packages are the key factors behind Judges yielding to temptation. No one should expect that Judges alone can build a nation based on democratic justice.
 The Supreme Court’s decision to preside over the cases of 23 Judges investigated for large scale corruption is only a small step in the right direction. Any serious attempt to fully restore the faith of Nigerians in the system requires the NBA and NJC to act fast by removing all unconscionable judges, modernizing and expediting court procedures, and ensuring the competence of those allowed to practice at the Bar.  The current system is pedantic, inefficient, antiquated and snail-paced, perpetuating illegality rather than speedily dispensing justice. Even when our courts eventually do the right thing, they do it at the wrong time!  The masquerade is disrobing itself because justice delayed is justice denied.