EndSARS Protest; An Indictment On Nigerian Judiciary -By Gideon A. Okebu Esq

Gideon A. Okebu Esq.

SARS Protest, An Indictment On Nigerian Judiciary   –Gideon A. Okebu Esq.

The 1999 Constitution of the Federal Republic of Nigeria (as amended), which is the Grundnorm that governs Nigerian, despite its shortcomings has many laudable provisions which would have obscured many of the shortcomings of the Constitution, if only the letter and spirit of the Constitution are adhered to by the Institutions established under the Constitution. One of such laudable provisions is the creation of the Judicature.

The Constitution entrenched fundamental principles such as the doctrine of Separation of Powers and Checks and Balances and entrusted the safe guard of these principles in the Judicial arm of government. Thus, the Judiciary is often referred to as a watch dog and the last hope of the Common man.

However, something must be fundamentally wrong with the Judicial arm of government, when people take to the streets to check and balance the excesses of the Police, which is an agency of the Executive Arm of Government.

There is even greater peril and an absolute collapse of faith and confidence in the Judiciary, when the people who ought to run to the temple of justice, the Judiciary, as their last hope and defence, seek to burn in down! This is absolutely debilitating to a profession which ought to be the defender of civil liberties.

On 21st October 2020, I was at my work station which is literally demarcated from the Lagos State High Court and the Court of Appeal, by a stout fence. From my station I could hear and see the “hoodlums and anarchists” who came to vandalize the temple of justice, which to them was no more than a tool of oppression. 

After the vandalism, they were about to set the Court premises of the Lagos State High Court and Court of Appeal ablaze! What a sacrilege!! I jettisoned care of safety and wellbeing without a second thought and dashed down the stairs. On getting to the Court premises, after protracted appeals from myself and some indigenous residents, who are well known and integrated with the Arsonists, we were able to prevail on them not to perpetuate such a dastardly act on the institution which was meant to be a fortress to them.

The foregoing paragraph is not intended as a tale of heroism or patriotism, but a Wake Up CALL to the Nigerian Judiciary. The Judiciary must awake from its slumber in the interest of National Unity and Peace. The Judiciary cannot and should no longer be seen as beholding to the Executive or Legislative arms of government. Judiciary must be a friend of Justice which will inevitably endear her to the populace. 

As ministers in the temple of Justice, we cannot honestly claim to have been oblivious of the rot in the Nigerian Police. Over the years there had been several human rights abuses by members of the Police, even on lawyers and Judges, but the Judiciary kept mute. Seldom times when the Judiciary eventually gave some Orders to redress these wrongs, the Orders were observed more in breach, because the executive arm of government appeared to have seen the bottom of Judiciary. The Nigerian Police had even dipped their hands into the pocket of the Judiciary and were deciding land cases in their offices, settling contractual disputes and recovering debts, for a fee. While on the other hand, Fundamental right cases emanating from these anomalies and ultra vires acts of the Police were taking 2-3 years to be decided in Courts.

Also, the Judiciary in Nigeria had recorded cases of armed attacks by miscreants who disrupted Court proceedings and sometimes freed accused persons standing trial at the Court premises. These events happened because the Judiciary became too timid and/or nonchalant about Security in and around the hallowed premises of Court rooms. While Executive agencies and Legislative institutions are guarded by armed security operatives in addition to orderlies attached to the individual and principal members of those institutions, there are no armed security operatives around a vast majority of the Courts in the Federal Republic of Nigeria, apart from the orderlies of Judges who are not stationed on the Court premises and only bear sidearms.

Consequent upon the foregoing, the Judiciary must as a matter of National security, purge itself forthwith of the inhibiting factors that bedevil its true calling and purpose. Some of these inhibitors include but are not limited to; a Meritless Appointment process, Gross Incompetence, Corruption, Laziness/Tardiness, Cowardice and complete disdain for the Oath of Office. However, it is pertinent to state that the Nigerian Judiciary still has a declining number of competent, hardworking and forthright Judges who ought to be emulated and elevated to the helm of Judicial affairs, in order to bring the desired change. 

In summary, I am confident that if the Judiciary can turn a new leaf and be fearless in carrying out its constitutional responsibility, most of the issues threatening the existence of Nigeria as a Nation can be properly addressed by the Judiciary. 

Also, if the Judiciary can properly reposition itself, the Nigerian Police Act can be further amended to reflect provisions making the Offices of Inspector General of Police and Commissioners of Police to be positions which can only be held by retired Judicial officers such as Judges and Magistrates, who are renowned for upholding the rule of law. This can further strengthen human rights and address some of the issues bedeviling the Nigeria Police.

Gideon A. Okebu Esq, He can be reached via -:+234706 501 5516