NJC should sit up, society is watching – Chief Joshua Alobo

I have discovered that there is a need for hybrid law reports. What I mean is that from those lower courts. What we have now only concentrates on the Court of Appeal and Supreme Court. This is because there are a lot of cases that will not go on appeal and where far reaching principles […]

I have discovered that there is a need for hybrid law reports. What I mean is that from those lower courts. What we have now only concentrates on the Court of Appeal and Supreme Court. This is because there are a lot of cases that will not go on appeal and where far reaching principles like the prosecutor’s power, the independence of a prosecutor to be impartial in prosecuting a criminal matter. This is a novel issue because if you look at section 36 (1) you will think that it is a court that ought to guarantee fair hearing and you will not anticipate that the prosecutor has a role but the elementary criminal practice is that it is not the duty of the prosecution to seek the conviction of the accused person all the time. But to place material documents that will tilt the tide of the judgment one way or the other. So, for that decision to emanate from the Magistrate Court and the High Court in respect of Keyamo, that he has a vested interest in Bankole’s case.

Whether the prosecution could be somebody that is impartial and not interested in the outcome of the case. In the interview that Keyamo granted, he said that Bankole has been proven guilty of corruption but the issue is by which court. If the prosecutor feels that he has been proven guilty, you try to do everything to make sure that justice is not done. And if justice should be done, it is in your own perspective and not what is expected within the ambit of the law

 

The amended Evidence Act is now in force. What is the salient feature?

The computer is less than 60 years old and the Evidence Act is 68 years old. The IBM was saying that by 1950, the computer penetration would not be up to 100 computers. And the computer has changed the face of everything. You cannot blame the Evidence Act. The only thing you blame is the slow pace of amendments and those amendments are those that will suit their own interest and not the generality of the interest of the people. Look at the BOFID Act because you can see the effect on the economy but they fail to realize that if there is no fair trial, there is no way there will be economic stability. Now most of the transaction is internet based or computer generated and you cannot tender those documents based on Fani Kayode vs. Federal Republic of Nigeria, where the statement of account was rejected. But now if you look at section 84 of the amended Evidence Act, it defines and makes provisions for computer generated data. Now, if you look at section 258 which incorporates those data to documents.

The new definition of documents now renders computer generated evidence admissible now.

 

How would you assess the outgoing Chief Justice of Nigeria (CJN)?

He has done well notwithstanding the recent allegation on the aspect of undue interference with the course of justice. Now, the interim report is out and we are waiting for the final report. The first report exonerated him to some extent and you must base your assertion on what is available because I am not expected to speak like a lay man.

During his tenure, there has been a sort of stability which was re-enacted from the time of Justice Belgore. Belgore actually brought a lot of charisma and dynamism. We should also understand the peculiarity of Belgore’s era because that was the time that we were having a gale of impeachments and we were almost moving towards constitutional crisis. As a constitutional lawyer, I have come to see that Belgore has a lot of decisions justifying military   decrees. Both at the time he was made CJN, he had an ample opportunity to re-write his personality and within seven months like in Ladoja’s case, Joshua Dariye’s case all those impeachment cases were set aside. But a lot of persons have also been arguing that the case did not fall within the acceptable precedent.

I witnessed the proceeding of what took place in Sokoto State case between Dingiya, the aspect that brought the integrity of the CJN to question is based on the decision in Dingiya Vs. INEC. Even the reasoning for that judgment, because if there is a withdrawal of an appeal, it is just as if the court lacks jurisdiction. Will the court go ahead and make consequential orders? That was the only aspect that talked about corruption. That is what has brought the crisis between the CJN and the   PCA.

If for instance, the appropriate court that has jurisdiction to disband another court is the Court of Appeal, it is at the Court of Appeal that the application of abuse of court process has to be argued. Not before the Supreme Court because at that time, the Supreme Court gave that judgment, it lacked the jurisdiction. Based on that, there has been a lot of criticisms at the NBA NEC meeting in Katsina where they have actually released their findings and indicted not only the CJN but even some senior members of the bar. So, the issue that we must address should go beyond the aspect of emotion. Sentiments have no place in law. We should not be bothered that what happened in Rotimi Ameachi Vs. INEC, what Oguntade JSC who can be described as a Professor of dissenting judgment, said was that it was not the business of the Court to determine who won election but what the Court should be concerned is whether justice has been done based on the established principles of law. But when the principle of law is not followed, then you can infer other extraneous factors and those factors may not necessarily be money because based on the interim report of the former PCA’s panel there was no link that money exchanged hands.  Even the allegation against the PCA, there was no evidence of monetary inducement. The call log which has now brought to fore, the new Evidence Act now amounts to documentary evidence because it is a computer generated data which has now been referred to appropriate criminal investigating authority since that was not part of the panel’s mandate. So, we cannot because of the singular judgment in Dingiya, say that the outgoing CJN has failed the judiciary. No, I won’t because there are other far reaching developments that have emanated within his tenure.

See the case of Hope Uzodinnma Vs Izunaso.  So in a nutshell, the Supreme Court has fared very well and we must respect the institution. A lot of persons have been insinuating corruption. Not only the common man but a lot of influential persons have sought succor within the judiciary. Look at what happened to Rotimi Ameachi.Rotimi Ameachi is not a poor man. Even Atiku Abubakar is not a poor man. But it is that same Supreme Court that has come out openly to say that INEC lacks the power to disqualify any candidate and happily, this has been captured in the Electoral Act. Most of the decisions of the Supreme Court is reflected in our laws that shows that the society is moving and the Supreme Court is also moving with the trend of things. All the justices emanate from the society and if we have agreed that Nigeria is a corrupt society, then it is not impossible that you find some persons with criminal inclinations towards corruption even among the judiciary.

In Enugu State, a magistrate who demanded N500,000 was set up and is now in ICPC custody. In 2003, two justices were dismissed in Enugu Division. So, corruption has been part of the judiciary  for a long time but because of the vested interest and those who ought to speak were not speaking. We must face the reality if we must move forward in the fight against corruption and we cannot afford to bring sentiments to fight the monster called corruption.

If you look at all the recent functions which have been presided over by the CJN, the aspect of corruption  has been hammered upon. That they must desist. That shows that the corruption is actually present in the judiciary but that is not to show that everyone there is corrupt. No. We must be fair to ascertain and ascribe who is corrupt and whoever is corrupt should be shown the way. If two justices of the Court of Appeal were dismissed in 2003, by 2011 what has happened to those allegation. Some allegations leveled against some persons but you will know that the judiciary has one of the best self regulatory mechanisms that is the NJI.

 

Are you satisfied with the disciplinary mechanism in the judiciary?

To be fair I am not satisfied. As much as the NBA is interested that there is transparency and that questionable characters are not conferred privileges such as SAN, they should also take such message and crusade, such sanitization to the judiciary. The mode of appointment of judges must be addressed because it has become like a routine. You get a job as a registrar and then promoted to be a judge. But are those persons fit for the onerous task? It has become like a family tradition. Because your mother or father is a judge, you automatically find yourself there. What happens to those who are not privileged to come from a legal background and they are fit. The competition for becoming a judge has become something else. I don’t have aspiration to become a judge because my temperament will not fit into it. It is a noble calling and those on the bench were formally members of the bar. So, the NBA knows the character of the judges. Now the procedure of appointment has to be reviewed and made open. Just as there is a room for comments on those to be appointed SAN, so comments as to the character of people to be appointed judges or justices should be allowed. Is that done? If it is not done, then there is need to look at it critically because you cannot talk about discipline if the foundation is faulty from the beginning. You cannot put something upon nothing and expect it to stand. When somebody from secondary school to university has not been fit morally and academically and by providence or by connection is a judge, there is no way that he will not be corrupt. There is no way that there will not be incompetency because the greatest corruption  is ignorance and when you read some judgments that cannot be backed by facts, that is corruption. How do you sanction such persons? Remember the likes of Egbo Egbo who were shown the way out because of the exparte motions that they granted. When some persons grant injunctions infinito to restrict some persons, what has become the outcome of such investigations? Injunctions are of three types but when a matter has not even been decided, then you restrain a party in perpetuity, is that not part of corruption which must be investigated? In as much as NJC is working, they must also sit up because the society is watching. When the average person loses interest in the judiciary because of what is happening, that day, Nigeria will come to an end. So, if there is a perceived conception that some members of the bench are corrupt, those persons must be disciplined. They must be sanctioned and answer for their acts.