The role of the bar and bench

“As critical stakeholders in the dispensation of justice, as players in the football field of justice and not mere spectators and fans, the Bar and Bench should be foot soldiers in the anti-corruption war.” Prof. Adamu Kyuka Usman, Senior Special Assistant to President Muhammadu Buhari on legal matters, research and documentation The professor of Law […]

“As critical stakeholders in the dispensation of justice, as players in the football field of justice and not mere spectators and fans, the Bar and Bench should be foot soldiers in the anti-corruption war.” Prof. Adamu Kyuka Usman, Senior Special Assistant to President Muhammadu Buhari on legal matters, research and documentation
The professor of Law and story teller was the keynote speaker at the NBA Kaduna Branch Law Week held on 16th May, 2016 at the ceremonial canopies, U/Rimi, Kaduna State wherein he pleaded with the Bar not the bar the anti-corruption war; neither should the Bench bench it.
The fight against corruption was instituted by the current administration to rid Nigeria of the theft and looting of public resources by public officials mostly politicians and civil servants, which begs the question, what is the role of the Bar and Bench in the anti-corruption war? In the words of A.B Mahmood (SAN) “a well-functioning, efficient, incorruptible and independent Bar and Bench are essential requirements for a fair, consistent and neutral administration of justice…”
The august gathering of lawyers at the NBA Kaduna Branch Law Week 2016 was enlightened in the keynote speech that the war against corruption is a call to arms, and the Bar is one of the custodians of the arms to be used for this war, and so has a responsibility of inspiring its members to acquit themselves credibly in their prosecution of corruption cases. Simply put, members of the Bar should not become complicit in the act of corruption, abettors and accessories after the fact of corruption.
It is well understood that declining to accept a brief of notoriously corrupt persons is a controversial and difficult thing to do. Controversial because it flies in the face of professional duty; difficult because it is difficult to say No to money. However members of the Bar are charged to stand with honour, abhor infamous conduct so that society does not hold us in contempt; lest we gradually begin to lose relevance.
The Bar must also respect the Bench in the discharge of its duty, lawyers should not be seen criticising judgments on the pages of newspapers or social media platforms or in the presence of a client, this demeans the legal profession. There are rights available to parties dissatisfied with a ruling or decision of a court, why then bring the court into disrepute because we want our opinions to be heard?
The Bench on the other hand has a duty of hearing corruption cases conscientiously and expeditiously. They should be given accelerated hearing and determined at a time not more than six months. “Election rigging is the worse form of corruption. After rigging the polls, the election rigger will certainly rig the treasury. This is why judges seized with such cases should be wary of being influenced to decide them corruptly.”
The chairman of the Branch in the person of Ndasule Y. Sherrif Esq also reiterated that the negative consequences of a corrupt judiciary to the society at large cannot be over- emphasized.
 “A corrupt judge is more harmful to the society than the man who runs with a dagger in a crowded street. While the man with dagger can be restrained physically, a corrupt judge deliberately destroys the foundation of the society,” he said.
The benefits and incentives when the Bar and Bench discharge their roles in the anti-corruption war involves recovering the nation from impunity and anomie; helping grow the economy; helping secure the country; bestowing respect and dignity on the country; acquitting lawyers and judges from the court of the people; inspiring respect for the law, lawyers and judges et al.
Truth be told, lawyers are the conduit pipe through which litigants get to a judge, and if we truly want a corruption-free Bench then the lawyers must also abhor such conducts. We should turn the mirror on ourselves and adjust what needs adjusting otherwise we would have ourselves to blame when the society no longer trusts in our integrity as gentlemen and lose confidence in the judiciary.
Godspeed!
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