President Umaru Musa Yar'Adua yesterday cautioned members of Nigeria's judiciary against submitting to sentiments in the discharge of their duties.
Chief Justice Idris Legbo Kutigi also yesterday advised his brother judges against controversial bail conditions.
Justice Kutigi also decried the action of some state governors who bypass seniority in the appointment of chief judges. Speaking at the All Nigeria Judges Conference 2007 organised by the National Judicial Institute (NJI), President Yar'Adua, who urged judicial officers to adhere to the strict application of the law in the discharge of their duties, advised them not to be swayed by public sentiments in arriving at their judgments.
He said: "It is important that the judiciary should not fall into temptations of public sentiments while deciding on cases before them but should stick to the application of the law. Decisions of courts must be according to the law and not according to public sentiments. All judgments from the Supreme Court become references which the lower courts rely on as judicial precedents or stare decisis."
Yar'Adua continued: "Although certain judgments may be popular amongst the people yet (they) may not be the true position of the law, but others may be unpopular, yet it has reflected the true position of the law and constitution."
However, he commended the nation's judiciary for "its demonstration of courage and exemplary qualities in the discharge of its constitutional responsibilities."
Yar'Adua emphasised the commitment of his administration to the rule of law and due process. The rule of law, according to him "entails that justice must be administered according to law and not according to the whims and caprices of government or an individual," noting that it is important to situate the rights of citizens within the law."
Earlier Justice Kutigi condemned what he described as "outlandish" bail conditions saying the practice is "strange and scandalous."
The keynote address by Justice Kutigi was delivered by Justice Sylvester Umaru Onu.
The Chief Justice of Nigeria (CJN) stated: "Another disturbing practice which I have observed in recent times is the idea of judges granting bail to accused persons and setting down what I may call outlandish bail conditions. Some lawyers and members of the public have had cause to deplore such practice and even petitioned against it. Their complaint is that the practice whereby bail is now granted by a court of law in the sum of say N100 million with sureties who must be senators, traditional rulers, etc., who must own property in choicest areas at Abuja or Lagos, is rather strange and scandalous. To my mind, while bail is a discretionary matter, where discretion is exercised in favour of a suspect, bail conditions should not be imposed in such manner as to render the process nugatory. You should never give bail by one hand, and take it away immediately by the other hand. It then ceases to be a judicial and judicious exercise of discretion."
Kutigi also frowned at "indiscreet granting of orders of interim injunction," which he said, had become a perennial problem in the judiciary.
Making a case for the financial independence of the judiciary, the CJN accused the 36 state governors of withholding funds meant for the state judiciary.
Addressing Yar'Adua, Kutigi said: "The Constitution of the Federal Republic of Nigeria, 1999, has made provision in section 121, subsection 3 for the funding of the respective judiciaries. Now, while the effort of the Federal Government and the National Assembly in conjunction with the National Judicial Council to approve and release the funds for recurrent and capital expenditure in respect of the federal judiciary is commendable, the same cannot be said about the states."
The CJN continued: "Many state chief executives have continuously failed, neglected or refused to hand over funds meant for the state judiciaries to the heads of courts. I would therefore implore the state governments concerned through Mr. President to reconsider their position on this, in the interest of justice, the rule of law, fear of God, good governance and the need to abide by the constitution which they swore to uphold."
Justice Kutigi disclosed that the NJC viewed the refusal by some state governors to appoint the next most senior judge in the hierarchy of the states chief judges, not only as an affront to the 1999 Constitution "but also as inimical to administration of justice and the rule of law, which this administration, since inception, has guarded."
Admitting that each of the three arms of government must jealously guard the powers allotted it by the constitution, Kutigi said: "Where such powers are to be partly performed by each branch of government, it should be born in mind that it is for the purpose of checks and balances, and not for anyone of them to disobey the constitutional powers exercised by the others."
He commended President Yar'Adua for anchoring his administration on the rule of law and due process which he described as the bedrock of constitutionalism and democracy.
Justice Kutigi said: "The rule of law requires that all authorities and individuals are equal before the law; that they shall act according to law and shall be bound by the law, and that the court shall adjudicate disputes referred to it impartially. The rule of law also means obedience to court orders and judgments. Where the rule of law thrives, democracy thrives and is also strengthened."
Over 700 participants are expected to take part in the one-week conference under the theme "The judiciary and challenges of nation building."
Dignities who attended the opening event included the Minister of Justice and the Attorney General of the Federation, Michael Kaase Aondoakaa (SAN), Muhammadu Lawal Uwais, and Alfa Moddibo Belgore as well as serving justices of the Supreme Court and of the Court of Appeal.
From Lemmy Ughegbe, Abuja
The Guardian
Tuesday, November 6, 2007
