Osinbajo, Ogunade, others recommend Judiciary independence as panacea to corruption

Legal luminaries under the umbrella of Nigerian Bar and Bench Forum, Ogun state chapter have recommended total separation of power and independence of judiciary from executive as panacea to the gale of corruption and immorality that has pervaded socio-economic and political life of the nation.

Similarly, they requested that the Nigerian Bar and Bench should beam searchlight into itself and discover where things have gone wrong in the Nigerian Legal System so that Nigerian Bar and Bench would come out with cogent and effective solutions in order for the judiciary to perform its constitutional role of interpretation and adjudication without fear or favour.

Delivering a lecture on “Independence of the Judiciary and Professional Ethics” at one day workshop organised for lawyers and judges (both serving and retired) under the Ogun State Bar and Bench Forum in Abeokuta, Yemi Osinbajo SAN, former Commissioner for Justice in Lagos State said, “for the judiciary to perform its roles without fear or favour it must be independent from the executive”.

Osinbajo, who made a reference to the removal of Justice Ayo Salami as one of the evils of the perceived corruption in the judiciary, advocated the need for the judiciary to remain hope of common if it was independent and treated as such, saying that the judiciary must be able to discharge its functions without the executive or legislative interference.

He noted that cultural, religious, family and social ties including influence of heads of courts over subordinates may compromise independence even more profoundly, pointing out that unless those appointed to the bench were competent, upright and free to judge without fear or favour, just as he solicited a review of judges’ remunerations and condition of service.

The former Attorney General of Lagos state however, concluded that the Nigerian Bar and Bench could only win battle against corruption in the Nigerian Legal System and the country as a whole if the judges’ condition of service and remunerations were reviewed, saying: “If you want to fight corruption in the judiciary, you will deal with the issue of remuneration and build judges’ confidence”.

Also, the duo of retired judges – Justices Babasola Ogunade and Tunde Bakre argued that the Chief Justices of the Federation and other various states across the country should rise to the threats from the executive and determine the judiciary independence from the executive, saying it was high time judiciary extricated itself from the grip of the executive and maintain legal balance.

Justice Ogunade said, “Judiciary should extricate itself from the grip of the executive. You have to maintain independence as a judge, if you don’t do anything untoward you cannot be removed”, just as Justice Bakre added, “It’s the Chief Justice that will determine judiciary independence from the executive to allow unbiased adjudication on any matters”.

In her remarks, Abimbola Akeredolu, Attorney General and Commissioner for Justice, Ogun state corroborated earlier speakers’ arguments on the independence of judiciary, saying: “The independence of judiciary is one of the major components required to fight corruption in the country. Judiciary is the pillar to Nigerian development”.

But, the Chief Judge of Ogun State, Justice Olatokunbo Olopade urged men of the Bench and the Bar to rise up and put an end to the worrisome trend of falling standard in the law profession, saying that the mode and manner of dressing of some lawyers and language used at the Bar and while arguing a case in a Law Court must be put in proper perspective.

“We cannot but note the unwholesome practice of some counsels in our midst handling bail matters whereby they engage Professional Sureties (Charge and Bail) who are now in the habit of procuring fake Bank Tellers to obtain Tax Receipts to present in Courts or is it the act of some counsel and Professional Sureties in using the names of Magistrate and Judges to demand money from litigants to secure their bails or those of their relations that we should ignore”, she queried.

RAZAQ AYINLA