We Have Bad Lawyers, Judges Amongst Us – CJN

…Remove Them, Clean Up The System – Emir Sanusi

…AGF Fagbemi Concerned About Recent Conflicting Rulings

LAGOS – Hon. Justice Kudirat Motonmori Olatokun­bo Kekere-Ekun, the Chief Justice of Ni­geria (CJN), has admitted that some lawyers and justices are giving the judiciary a bad name in the discharge of their duties.

This is as the Emir of Kano, His Highness, Muhammad Sa­nusi II, expressed disappoint­ment at courts’ penchant for deciding cases on technicalities while ignoring substantive evi­dence in the cases.

He said the development had become commonplace because of vested and political interests the judges had in the matters.

Meanwhile, speaking at a ‘Public Discourse on Ethics, Morality and the Law’ organ­ised by Movement for Islamic Culture and Awareness (MICA) to mark the elevation of Hon. Justice Habeeb Adewale Abiru to the Supreme Court and their 30th anniversary, Hon. Justice Kekere-Ekun, in her speech, praised the judiciary for hav­ing excellent and hardworking judges, but admitted that quite a few of them are painting them bad.

“I want to say that our law­yers are morally upright, coura­geous and hard working in the dispensation of justice. Even, I know some few as ones among us are giving us bad names,” she said.

“In Nigeria, we are people of faith and our different faiths teach us uprightness and mo­rality, so we understand what is right and wrong.”

The CJN challenged Nigeri­ans to be the change agents they desperately needed to see in the country, saying it is the respon­sibility of all Nigerians to effect the desired changes they want to see.

“However, the changes we all require and want to see in society are the responsibility of all of us and not just for the judiciary and the justices or the police and politicians.

“It is for all of us to ensure that we bring about the changes we clamour for. All of us must be responsible in effecting the changes we so much desire to see in the society.”

Similarly, Emir Sanusi said the judiciary requires the collec­tive efforts of all to sanitise it, regretting the penchant for tech­nicalities as a form of ruling on cases, challenging the judges to look at cases on their merits.

He said: “Being a judge is not an easy task because of the demand to live and judge right.

“Despite what has been said about them being bad, I have met many judges.But, I haven’t met the bad ones.

“You have a big task in your hand as judges because collec­tively, we have to take the bad judges out of the system and clean the judiciary.

“In the modern era, when the police and the judiciary stand up for justice, the purpose of governance will be achieved but when they do not, the aim is defeated.

“We should all stand up to fight for the independence of not only the judiciary but the law enforcement agencies in or­der to have a good society where the law and order will prevail.

“We should not be swayed by favouritism in the dispense of justice. Let the love or hatred we have for someone not swerve us from dispensing justice,” he said.

Emir Sanusi said further; “Currently, technicalities in our judicial system is taking over substantive justice and this is because of political interests.

“We have to look at substan­tive justice on deciding cases even if the defence lawyer makes mistake in his argu­ments.

“This is because all religions are guided by ethics; all reli­gions preach good governance.

“While I will congratulate the judges and the CJN, I will tell the new CJN that there is a big task ahead of him to completely clean up the judiciary.

“The judges should not be ad­vocates for those doing wrong because Allah does not like wrong doers.”

While speaking on ‘Ethics, Morality and the Law – Role of Legal Practitioners’, former gov­ernor of Lagos State, Babatunde Raji Fashola, said the gathering was more than just to celebrate Justice Abiru.

“This gathering here is more than just celebrating the eleva­tion of Justice Abiru; it is a celebration of a family service because his father served the public very well; there are other Abirus in that lineage that have continued to serve the general public,” he asserted.

Fashola continued: “Law has kept us going as human beings and has made us different from animals.

“It has brought us to civilisa­tion – we are enjoying today be­cause the society is governed in a way that brings about serenity and civility.

“It is quite true that ethics and morality is the foundation of law but what is law is what the society has set aside as law.

“Law can be harmful to itself in the course of application be­cause there are times we have to apply morality to ensure the right thing is done.

“For instance, in the states versus the Federal Government over local government auton­omy, the constitution under Section 162(6) provided for the establishment of a State Joint Local Account (SJLGA).

“The account is meant to be a mechanism that can implement the notion of ‘fiscal federalism’ at the local government level.

“But, the Supreme Court rules otherwise because if that part of the law was upheld, the aim of local government auton­omy would have been defeated,” he said.

Meanwhile, Lateef Fagbemi, the Attorney General of Nige­ria, while defending the judicia­ry, said they had done well, even as he admitted the menace of conflicting judgements recently witnessed in the judiciary.