Ise-Oluwa Ige
5 November 2007
Lagos — PRESIDENT Umaru Yar'Adua, yesterday, told judges in the country to shun the temptation of basing their judgments on public sentiments, because, as he said, such verdicts would have far-reaching implications for the nation's jurisprudence and democracy.
The "decisions of courts must be according to the law and not according to public sentiments," he declared at the opening of a week-long judges conference in Abuja.
Chief Justice of Nigeria (CJN), Justice Idris Kutigi, also speaking on the occasion expressed worries over the indiscriminate granting of ex-parte orders and what he described as outlandish bail conditions for accused persons by judges.
Although the president commended the judiciary for its demonstration of courage and exemplary qualities in the discharge of its constitutional responsibilities, he implored judges to avoid the temptation of playing to the gallery on account of public sentiments in the adjudication of matters before them.
"It is important that the judiciary should not fall into temptations of public sentiments while deciding on cases before them but should stick to the application of the law, he said, stressing: "Decisions of courts must be according to the law and not according to public sentiments."
The President emphasized the commitment of his administration to strict adherence to the principles of the rule of law and due process as the cardinal point of his regime.
The rule of law, according to him, "entails that justice must be administered according to law and not according to the whims and caprices of government or an individual. It is important to accrue the rights of citizens within the law."
Earlier, Justice Kutigi speaking through Justice Sylvanus Onu condemned the issuance of bail with stringent conditions.
Describing the practice as strange and scandalous, he said: "Another disturbing practice which I have observed in recent times is the idea of judges granting bail to accused persons and setting down what I may call outlandish bail conditions.
Some lawyers and members of the public have had cause to deplore such practice and even petitioned against it.
"Their complaint is that the practice whereby bail is now granted by a court of law in the sum of say N100 million with sureties who must be Senators, traditional rulers, etc, who must own property in choicest areas at Abuja or Lagos, is rather strange and scandalous," he said.
Besides, the CJN asked Nigerian judges to refrain from indiscreet granting of orders of interim injunction which he said had become a perennial problem in the judiciary.
Making a case for the financial independence of the judiciary, the CJN reported the 36 state Governors to the President, accusing some of them of withholding funds meant for the state judiciary.
He said: "Your Excellency, my lords, ladies and gentlemen, the constitution of the Federal Republic of Nigeria, 1999, has made provision in section 121 subsection (3) for the funding of the respective judiciaries.
"Now, while the efforts of the Federal Government and the National Assembly in conjunction with the National Judicial Council to approve and release the funds for recurrent and capital expenditure in respect of the Federal Judiciary is commendable, the same cannot be said about the states.
"Many state chief executives have continuously failed, neglected or refused to hand over funds meant for the state judiciaries to the Heads of Courts.
I would, therefore, implore the state governments concerned, through Mr. President, to reconsider their position on this, in the interest of justice, the rule of law, fear of God, good governance and the need to abide by the constitution which they swore to uphold," he said.
The National Judicial Council (NJC), he said, viewed the refusal by some state governors to appoint the next most senior judge in the hierarchy of the state Chief Judge, not only as an affront to the 1999 constitution of the Federal Republic of Nigeria, "but also as inimical to administration of justice and the rule of law, which this administration, since inception, has guarded."
He said: "The National judicial Council wishes to reiterate that while it is necessary for each of the three arms of government to jealously guard the powers allotted it by the constitution, however, where such powers are to be partly performed by each branch of government, it should be borne in mind that it is for the purpose of checks and balances, and not for anyone of them to disobey the constitutional powers exercised by the others."
He commended President Yar'Adua for anchoring his administration on the rule of law and due process which he described as the bedrock of constitutionalism and democracy.
Justice Kutigi noted: "The rule of law requires that all authorities and individuals are equal before the law that they shall act according to law and shall be bound by the law, and that the court shall adjudicate disputes referred to it impartially.
The rule of law also means obedience to court orders and judgments. Where the rule of law thrives, democracy thrives and is also strengthened."
Over 700 participants are expected to take part in the one week conference organised by the National Judicial Institute (NJI) with the theme: "The Judiciary and Challenges of Nation Building ."
Dignitaries who attended the opening ceremony included the Minister of Justice and the Attorney General of the Federation, Mr. Michael Aondoakaa (SAN); Justice Muhammadu Uwais; Justice Alfa Moddibo Belgore (two former Chief Justices of Nigeria), among others.
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