By advantage of Part 292 of the 1999 Structure, as soon as a Nigerian lawyer accepts appointment to judicial workplace, he isn’t allowed to return to full fledged authorized apply upon his resignation, retrenchment, retirement and even dismissal from the bench.
On this interview with Vanguard’s Regulation & Human Rights, a member of the inside bar, Chief Mike Ahamba, SAN, traced the origin of this constitutional provision and highlighted its adverse results on the administration of justice and democratic governance in Nigeria.
By Ise-Oluwa Ige
The Structure of the Federal Republic of Nigeria forbids any one who has held workplace as a judicial officer, on quitting that workplace, from showing or appearing as a authorized practitioner earlier than any courtroom of regulation or tribunal in Nigeria. How do you react to this provision?
Part 292 (2) supplies that an individual who has held workplace as a judicial officer shall not on ceasing to be a judicial officer, for any cause in any respect thereafter seem or act as a authorized practitioner earlier than any courtroom of regulation or tribunal in Nigeria. In my very own view, this provision is a Sword of Damocles hanging over the judicial officers who don’t like stress and resolve to resign. They’re completed endlessly. So, they should do every part doable to maintain themselves in workplace till retirement. I’ve been criticising this since 1981. And I’ve not ceased to oppose it.
Shortly after Gen Muritala Mohammed got here within the navy putsch of 1976, the Chief Justice of the Federation, Dr Taslim Olawale Elias, was eliminated on radio on floor of ill-health. The identical man was later discovered sturdy sufficient to turn into President of the World Court docket on the Hague. I additionally recall that the Chief Choose, Oyemade, Adewale Thompson and Justice Olu Ayoola, had been additionally eliminated as a result of the federal government of the day thought of their selections and judgments to be too anti-government.
I have to add right here that these three nice dispensers of justice knew their onions and their elimination was not on account of corrupt practices, inefficiency, or misconduct. That singular motion by the Muritala administration marked the start of the decline within the variety of competent legal professionals going to the bench which has adversely affected the standard of judgments from the bench.
At what level did this provision turn into a part of our regulation?
I turned conscious of this provision since 1979 Structure got here into impact. I turned a lawyer in 1974. If it was within the earlier constitutions, I can’t say now. However I’m speaking about what occurred throughout my very own period.
In your individual view, what do you assume was the intendment of the framers of the Structure who introduced the availability in?
Keep in mind, the navy was in command of the nation pre-1979. They didn’t need anyone who may take steps not beneficial to them. So, they are saying should you resign earlier than hitting the retirement age since you don’t need to do it, you’ll be able to’t turn into a lawyer. They should make it there. That’s the reason judges within the state see themselves as appendages of the governors whereas these on the federal stage because the appendages of the Federal Authorities. That is very unlucky. If that provision was not there, a decide can resolve to resign if there have been pressures on him to do what he doesn’t like. If you happen to sack him, he picks up his wig and robe and goes again to courtroom as a lawyer.
So, once you say he can’t act as a authorized practitioner earlier than any courtroom or tribunal in Nigeria, which means if he ceases to be a judicial officer, then he turns into uneducated. He can’t get work anyplace the place he can apply regulation anymore. I really feel this can be a very harmful provision. It’s because that constitutional blockade in itself engenders timidity, corruption, inefficiency, and decline within the high quality of judgments amongst different undesirable attitudes on the a part of judicial officers since they know they can not revert to establishment. That provision needs to be deleted. They need to restrict it to judges relieved of their place on the account of corrupt practices in order that the regulation doesn’t enable him to return to the bar to deprave the individuals.
Can we are saying that provision accounts for why many judges die quickly after retirement?
Properly, they’ve good pension at the least in latest instances. And now, they’ve good salaries. No person will need to lose any of these issues by being recalcitrant. And if for any cause, you turn into recalcitrant, you’ll be able to’t return to apply what you have got gone to high school to study. A lawyer can return to courtroom after being president. A lawyer can return to courtroom after being governor. You’ll be able to return. No person stops you from doing that. However in case you are a decide, you’ll be able to’t return. You’ll be able to’t even go to bizarre tribunal. And when you’ve got no pension, that may be a funeral. In my very own perception, I could also be mistaken, that’s a part of the explanations a few of them need to play the tune desired by the chief below whom they’re serving. They don’t need to threat dropping their job. None of them instructed me this however I consider that this provision constitutes a risk to good governance in our structure. It’s not handy to judicial officers in any respect.
If that provision is amended within the structure, what different advantages do you assume it’s going to confer on judicial officers?
I consider it’s going to improve their independence of opinion. All of them will now consider that there isn’t a one respiratory on their neck. I keep in mind generally in the past, a governor of a state was mentioned to have boldly vaunted that any decide who provides judgment towards his authorities is doing that at his personal threat. You see that kind of assertion? A governor may say that as a result of he is aware of about this part. But when I had been his Legal professional-Normal, as soon as he makes such assertion, I’ll resign. Some nevertheless see political workplace as an enhancement. My largest treasure is my wig and robe. That’s what I don’t need to gamble with at any value. I don’t need to do something that can have an effect on it. Every other factor can go so far as I’m involved as a result of I can proceed to apply regulation even till I’m 100 years outdated if I’ve the energy to do it.
However a decide can’t be harassed anyhow now. I do not forget that in the middle of my dialog with a senior decide on the considerations by proper considering members of the general public relating to sure considerably foolish or political judgments by some judges or justices, he mentioned a decide has the appropriate to be mistaken?
Sure, a decide actually has the appropriate to be mistaken however not intentionally. He has the appropriate. That’s the reason we’ve got the Attraction Court docket. A decide is a human being. He will be mistaken. However whether it is deliberate towards judicial oath, he will be sacked for it.
So, who ought to bell the cat now relating to the modification of the constitutional provision you might be advocating?
That needs to be by the Nationwide Meeting. They’ll alter that provision by simply including a phrase so that it’s going to now learn: An individual who has held workplace as a judicial officer shall not on ceasing to being a judicial officer, by cause of corrupt practices or breach of judicial oath or any cause in any respect. One thing like that. They need to simply usher in that phrase. My argument has at all times been that should you don’t just like the surroundings you end up, you’ll be able to resign and return to the courtroom. However in case you are pressured to exit due to what is occurring, and you don’t want to be a part of it, then you have to be ready to face up for your self elsewhere.
There was a Federal Excessive Court docket decide who was sacked for corrupt practices. He couldn’t come again to the courtroom. I knew he would find yourself that method. There was a case I did earlier than him on the Federal Excessive Court docket. Any individual got here to courtroom and for 5 instances however the courtroom didn’t sit. On the sixth event, the decide got here and remanded the accused particular person in custody. I known as the decide. I obtained his quantity. I mentioned this man has come earlier than you 5 instances, then, the sixth time when he got here and also you had been round, you determined to remand him in jail custody when the aim of remanding individuals in jail custody is to make sure that an accused attends his trial. He had come 5 instances in your absence. Now if that man just isn’t restored, we will focus on this on the Nationwide Judicial Council. Anyone who engages in such conduct might not final on the bench. On the finish of the day, he needed to go due to one other case.
My argument is that if the particular person has left the judiciary for cause of corrupt practices or breach of judicial conduct, he can’t return to the bar. If the particular person quits on rules, why ought to he not return to the bar? If an individual retires usually at 70 years, he now needs to return to the bar, he has no respect for himself. So, it’s a query of giving such particular person the free will to resolve whether or not in honour he’ll need to return to the bar however to not bar him from going again to the bar besides the place he misplaced his place attributable to corrupt practices or breach of the judicial oath. As soon as that occurs, the punishment ought to proceed.
When some judges retire, they arrange consultancy corporations. Is it proper?
There’s nothing mistaken with that. They aren’t coming again to courtroom anymore. You’ll be able to truly open a consultancy workplace the place juniors can come and ask you questions and ask you to advise them even in writing. And also you advise them. You can too lecture in a college. However should you signal any doc coming to the courtroom, it turns into a nullity.
Generally once you rent a retired decide as a advisor in circumstances, such a decide advisor might have a hyperlink with the decide who will finally resolve the case now?
No. You dont signal your title on the doc. Any individual is consulting you. You put together a doc for him to current someplace. By the point the doc will get there, your title is off. Besides these which are doing the consultancy for corrupt practices. I’ve achieved an election petition the place a former Justice of the Court docket of Attraction confirmed up. Naturally, he needs to indicate those that employed him that he has affect. And naturally, it labored. You see. However at the moment, there could possibly be no enchantment to the Supreme Court docket. So, I couldn’t do something about it. However that is the form of factor I see. If you happen to come like that and present your self, you have got turn into a advisor for the aim of corruption. Such a retired decide can be handled like anyone concerned in corruption.
EFCC ought to choose him up. Any individual who decides to go or who retires usually however needs to proceed to have one thing to do with the bar, needs to be allowed to take action. I wouldn’t try this if I had been a decide and I had retired as a decide. I might fairly be a advisor.
There have been media reviews that Imo native council ballot was achieved by mere choice and never election.
It was not a mere choice. It was a mere publication of names who had been mentioned to have gained throughout board. These concerned have taken the matter to courtroom. In the event that they now go earlier than the tribunal and the courtroom says from the proof earlier than us, there was election, what are you able to do? However you can not say that’s what the tribunal will say till you might be there.