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Law
Daily Newswatch MONDAY, may 19, 2014
Judiciary freedom from government interference depends on financial independence -Ananaba Barrister Paul Ananaba is a Senior Advocate of Nigeria (SAN). In a chat with AYODELE OLALERE, the Abia state born legal practitioner expresses his opinion on the much talk about corruption in the judiciary. With the 2015 general election around the corner, he also speaks on the role the judiciary should play in ensuring a smooth and successful election.
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o you believe there is really corruption in the judiciary as being talked? In the various reports including Justice Uwais report, I would say there is corruption in the judiciary. Judiciary is a part of Nigeria society but the corruption is not as it is in the other sector of the society. It is minimal in judiciary. We have seen many judges dismissed and they wouldn’t have been dismissed if there were no facts behind the allegations against them. Justice Uwais panel made far reaching decisions on it. Is it that it is minimal or it is not well exposed as it is in other sectors? It is really minimal. It is not as much as people take it. There is also talks about the politicisation of the judiciary, that there is too much politics most especially in the appointment of Senior Advocate of Nigeria (SANs)? What is your take on this? Most of the lawyers who are complaining are those who have tried but didn’t get it. Yes, there is politics but it is not dominant. There are some considerations statutorily that have to comply with federal character commission Act. When that is done, people often interpret it as politics. In Nigeria, you cannot have only one part of the country get everything and that is why federal character comes in. Even Ministers are appointed based on federal character. It is not that some lawyers are favoured that others. In judiciary, there are criteria to become Senior Advocate and these criteria are applied and many people who do not know about it would start shouting. The appointment goes through several processes and men of integrity manage these posts and would not do anySVTR_NSUNWPXUSP_QYNZVUQgQMNTWNoLP]TqQYN to become one How about a situation in which a lawyer who have just spent ten years or less at the Bar suddenly becomes a Senior Advocate and people begin to wonder how many cases such a person has handled to Supreme Court level? It is not so. Somebody might have spent 30 years at the bar without knowing road to the Supreme Court. Even in the academia, there are people who have become professors within ten years of lecturing. You are 30years as a lecturer but you have no publication how would you become a professor? These elevations are not done just only by years; it is by your work and distinguishing yourself. In the academics, we always say ‘you either publish or perish’. I know of people who have become professors in less than ten years in lecturing in the university. They had been carrying out researches and bringing out publications. You cannot ignore them. But somebody that is just there without adding something positive to the society cannot become a professor. That is the way it is.
Is it possible for the judiciary to be qz{z|}{~~ }z z z It is possible. The Chief Judge has been SP]lTR_N PXULSN _Q<TR_N QRUL_VN ^LRYWN SUN qRPRfQNSVQNkLYTfTPM[hN ^NSVQMQNTWNPR[NWQftor that needed funding, it is judiciary so that government cannot begin to dictate tones for them. I believe that they should be given more funds than they require. A judge cannot just come to government and beg for money. It is even said that as long as judiciary rely on government for funds, it is susceptible to being corrupted by the political class? That is correct and that is the reason we should praise the Nigerian judiciary SVPSNYQW\TSQNSVQNfVP]]QR_QWNU^NRUSN_Q<TR_N enough funds, they are still performing well. Judiciary needs enough funding. How will you rate the Nigerian legal practitioners compared with their fellows from other parts of the world? We are among the best in the world. There are Nigerian lawyers who are Queen’s counsels in England. Barrister Odita is one of them. Whenever we go to International Bar Association (IBA) and other law conferences, Nigerian lawyers are distinguished. We have some of the best lawyers in the continent and in the whole world. At the last annual law week of the Ikeja branch, Professor Yemi Osibajo (SAN) raised an issue. He accused the legal elites for being responsible for delays in election petitions hearings.... (cuts in) That is Professor Osibajo’s views and he is entitled to his opinions. I am aware that no research has been carried out on that view, but I will respect his view. In your view, do you think he is right laying the blame on the profession? The profession has some blames, the WL\\UWQYN WSP/N TRN SVQN fULMSrN SVQN XPT]T/WN and others also has blames, frequent strikes in the country also contribute to it and lack of adequate power supply. You can imagine what would happen
Paul Ananaba
to the courts in Abuja after the city was shut down for the World Economic Forum. All cases meant for trial during the period were automatically adjourned. Again, by July, most courts would go on long vacation and cases (except urgent jP<QMWuN ZUL]YN XQN PYkULMRQYN ST]]N P^SQMN the long vacation. All those things come into play in delaying cases. The clients also are to blame. They put cases that increase the pressure on the judges when they have no believe in those cases just to frustrate the court process. Are you absolving lawyers from these delays? I do not believe that a lawyer would go to court for the purpose of delayTR_NjP<QMWNXLSNSVPSNYUQWNRUSNjQPRNSVPSN every lawyer is seriously minded. If you are paid for a case and you delay it, would you be paid more? People are of the view that the more cases last in the court, the more a lawyer demands for more money and that is why some lawyers delay cases so that they can keep collecting money from their clients? It depends on how the lawyer has charged; maybe per appearance, otherwise a good lawyer would collect his money, conclude the case as soon as possible and walk away. Chief Niyi Akintola (SAN) also laid the blame of delay on political elites? These are opinions but they are not quoting any research work on it. Re-
There are judges that are specialised on electoral matters. I have advocated there should be zonal court of Appeal and Supreme Courts. Not all matters should go the Federal Supreme Court. Each region should have its own Court of Appeal and Supreme Court
search should be carried out for us to know. It doesn’t have to be generalised. The 2015 election is around the corner, what role should the judiciary play in ensuring a successful transition? Judiciary can play many roles, they can make the election successful but I believe that they should not be unnecessarily loaded with political cases. Politicians should resolve their problems by having internal democracy and play to the rules. Nigerians should be politically educated. Politicians should be magnanimous in victory and be gallant in loss. No Nigerian had lost an election without complaining that it was rigged. Somebody must win. If it doesn’t work for you today, wait till another four years. Let’s not kill anybody and destroy the system. Let’s strengthen the system. Judiciary should be dealing with matters that are of principles not that everyone who loses election should run to the judiciary. Is it true that some of Nigerian judges are bereft of ideas or lack competence to occupy the post of a judge? I don’t agree with that. Our judges are competent but competency depends on your area of specialization. There are judges that are specialised on electoral jP<QMWhN NVPgQNPYgUfPSQYNSVQMQNWVUL]YN be zonal court of Appeal and Supreme ULMSWhN USN P]]N jP<QMWN WVUL]YN _UN SVQN Federal Supreme Court. Each region should have its own Court of Appeal and Supreme Court and most of these election petitions should terminate in these zones except there are elements TRNSVUWQNfPWQWNSVPSNZT]]NP/QfSNSVQNMQWSNU^N the country which is when the regional Supreme Court would transfer it to the Federal Supreme Court because of the nature of the appeal. All these processes delays conclusion of trials but if a matter is regionally tried, it would be very fast. Can I take you on what you’ve just said; what sorts of government do you think best suited for the nation because people have been clamouring for us to go back to true federalism? Yes I support true federalism where federating units would be on its own. The states would still be there as the administrative point within the zone but it is the zones that will federate. Those zones would determine whether they want local government or they don’t want based on their economy.