Blackmailing the judiciary

In the last months, the federal government has lost virtually all the high profile corruption cases it is prosecuting that came up for judgement. So shambolic and pathetic are the government’s cases that the judges do not even dim it necessary to invite the accused to enter their defences. Most of the cases have been dismissed straight away as the government could not establish even prima facie cases against the accused. But rather than accept blame for its incompetence and shambolic investigation and prosecution of the cases, the federal government, as usual, is trying to blackmail the judiciary and blame it for losing the cases.

Consider, for instance, its reaction to the reinstatement of six of the eight suspended judges by the National Judicial Council (NJC). The government left the substance of the matter and tried to call the integrity of the judiciary into question, accusing the arm of government of derailing its war on corruption. According to Obono-Obla, Special Adviser to the President of Prosecutions, “What the NJC has done is a big disappointment and it seems as if they don’t want to cooperate with the executive in fighting corruption. Members of the public will not have confidence in the recalled judges. Investigations are ongoing and why will the NJC not wait? This is not a one-off allegation. We recall that a year ago, the president similarly accused the judiciary – particularly judges and senior lawyers – of hampering his anti-corruption efforts. The President was quoted as saying the judiciary was his “major headache” in the fight against corruption.

Eight months ago, the Department of States Security (DSS) in clear contempt of the law and without recourse to the NJC, the constitutionally empowered body to investigate, try and discipline erring judges, carried out a sting operation on eight judges; invading their residencies and arresting them over allegations of corruption and abuse of their judicial powers. Despite the illegality and unconstitutionality of the action, the NJC was forced to suspend the judges pending when they could clear their names in court.

However, eight months after, only three of the judges have been charged to court till date. Of the three, one (Justice Ademola’s) case has been determined with the courts throwing out the cases against the judge. The others have not been charged to court since at all. Seeing that the executive was no longer interested in prosecuting the judges and in the spirit of fairness and rule of law, the NJC had to recall the judges.

But hardly had the announcement of the reinstatement of the judges been made than the government began to shout blue murder, accusing the judiciary of trying to prevent the trial of the judges. Also, pronto, the Attorney General of the federation promptly filed a notice of appeal against the ruling discharging and acquitting Justice Ademola, long after the expiration of the statutory period allowed to file notices of appeal.

It is unfortunate that the government is shying away from accepting responsibility for its incompetence and chaotic manner of prosecution of cases of corruption. Instead of investing in thorough investigation of corruption cases before prosecution, the government has rather relied on prosecuting the accused on the pages of newspaper and on social media thinking the sheer weight of public opinion will force to judiciary to convict the accused regardless how it handled the actual prosecution in courts.

But the courts do not owe the executive any duty of conviction of accused persons. The judiciary is meant to be an arbiter, a referee of sort, and is not expected to take sides in disputes. The universal principle of “he who alleges must prove” applies to the government too. As we have noted severally, shoddy, lazy and incompetent investigation and prosecution combine to scuttle the cases of the government. That cannot be blamed on the judiciary neither can the judiciary lessen the burden of proof on the government.

We comment the judiciary for standing firm even in the face of intimidation and blackmail by the executives. The judiciary is the final bulwark against a tyrannical government and the last hope of the common man. That important branch of government must not and cannot allow itself to be cowed by a thoroughly incompetent and shambolic executive arm.