Judiciary onTrial:TelevisingTribunal Proceedings to the Rescue?
For too long, Nigeria and Nigerians have been choked by myriads of constraints and restraints put on them like a harness affixed on a horse to curtail its freedom enabling the rider to control it. And it is a pity that like a horse, Nigeria appears to have been ridden by a rough rider instead of an expert jokey.
That is why our country is literally on the verge of falling off the cliff-politically, economically and socially by way of disunity-after being ridden to the precipice by an apparent rough rider that has been on the saddle in the past eight (8) years.
Clearly, as a die hard democrat, president-elect Asiwaju Bola Ahmed Tinubu’s mission upon taking office on 29 May would significantly contrast with the style of governance of the current leadership at the centre.
The assertion above is underscored by the comment that he made at the commissioning of court facilities constructed in Rivers state under the watch of the outgoing governor, Nyesom Wike in the state capital, Port Harcourt.
It may be recalled that during a two (2) day visit by the incoming president Tinubu to the Niger delta state on Thursday 4th May, he promised that his administration would fight corruption in the judiciary by providing judicial officers with improved remuneration, necessary tools and working environments needed to do their job such as the type of infrastructure that he was invited to commission in Rivers state.
That would be in contrast with the trademark of the outgoing administration notorious for carrying out sting operations on members of the judiciary by arresting senior members of the bench in gestapo-like style in odd hours and also taking them into custody in their sleeping wears, all in the bid to intimidate and rob them of their independence from interference by the executive branch which.
In my view, a paradigm shift in anti corruption fight that would address the root cause of the malaise would give Nigeria a new lease of life and make our country a truly democratic and progressive nation as opposed to the somewhat pseudo-democracy which by all indications and measures is currently in operation in our beloved country hence we are rated lowly in the comity of nations.
But President-elect Bola Ahmed Tinubu’s utterance in Port Harcourt on fighting corruption sounded like dejavu encore to me and l guess the same applies to most skeptical Nigerians because that is similar to what the outgoing president Mohammadu Buhari told the long suffering masses in 2015 when he was assuming the role of president and commander- in-chief of the armed forces of Nigeria.
That is because to the chagrin, utter displeasure and disappointment of hapless Nigerians, corruption in our country according to global corruption watch dogs, particularly Transparency International, TI has worsened between 2015 and today.
Data from Civil Society Legislative Advocacy Centre, CISLAC under the Chairmanship of Mr Musa (Rafsanjani) Auwal, Nigeria’s corruption ranking in the committee of nations in 2022 is 150th position out of 180 countries in the world corruption index.
The only country in west Africa performing below Nigeria or more corrupt than Nigeria according to the graft monitoring organization, Tl is Guinea Bissau.
Our country on a scale of zero to a hundred (0-100) scored 26/100 in 2019, 25/100 in 2020 and 24/100 in 2021.
That signifies continuous decline in Nigeria’s rating which is not good.
And according to media reports referencing Transparency International, Tl chair,Delia Rubio:
“Corruption has made our world a more dangerous place.
“As governments have collectively failed to make progress against it, they fuel the current rise in violence and conflict – and endanger people everywhere.
“The only way out is for states to do the hard work, rooting out corruption at all levels to ensure governments work for all people, not just an elite few.”
After a clear eye look at Tinubu’s promise to combat corruption in the judiciary, it appears feasible that he may be able to slow down the menace during his reign as president because he is planning on tackling it from the angle of closing the loopholes for corruption created by inadequate remuneration for members of the judiciary which is one of the root causes of graft both in the judiciary and indeed the entire governmental system.
So, my confidence in the ability of the president-elect Tinubu to implement the policy of pursuing a paradigm shift in the fight against corruption in the judiciary from the root and not the surface as the outgoing regime seem to have been doing is buoyed by the fact that since he has been a two (2) time governor of Lagos state (19992007),he must understand what it means to make such a significant pronouncement.
As such his proposition must be a product of critical thinking and not mere brain wave as Nigerians have witnessed in the past eight (8) years.
Incidentally, reforms in the judiciary, particularly with respect to a better welfare package for the members of the judiciary are supposed to already be afoot as evidenced by the approval for increase in the remuneration of Supreme Court justices (N10m and N90m monthly for both the Chief Justice of Nigeria, CJN and President of the Appeal Court and other justices respectively) introduced by the outgoing administration of president Mohammadu Buhari, but the pay raise is yet to be implemented.
The reality is that Nigerian judges are paid far less than our law makers, which is not fair.
Even as judges in Ghana and South Africa are said by activists clamoring for improved pay for the judiciary, to earn higher emoluments than their Nigerian counterparts, yet Nigeria is often touted as the giant of Africa.
However, the recent 40% across board increase in the salary of civil servants including members of the judiciary by the outgoing government at the centre is being envisaged as a moral and productivity booster as it is also geared towards reining in or discouraging corruption not just in the judiciary but the government system as a whole.
Although, one is cognizant of the fact the pending petrol pump price increase following the end of petrol subsidy regime from next month as the current regime exits Aso Rock Villa would wipe out the value of the 40% salary increase just being implemented, for now the salary raise that became effective from last month world give the long suffering workers some succor before the president-elect takes office and decides what to do about petrol subsidy removal.
In my view, petrol subsidy must end as planned and a 100% increase in salaries for workers across board would be a necessary first step to ameliorate the consequential effect. But that is a subject for another discourse.
Meanwhile, although improvements in the remuneration of judicial officers had already been approved, but it remains unimplemented despite the fact that agitation for pay raise for justices has been ongoing since 2008.
And it is a shame that such a critical sector has been neglected in the scheme of things for so long.
That is perhaps what informed Asiwaju Tinubu’s promise in Port Harcourt and justification for his pledge to introduce the proposed reforms aimed at stymying corruption in the judiciary under his watch from the 29th day of this month, all things being equal.
So, presumably, the in-coming president’s statement is likely not a frivolous utterance but a tactical component of his grand strategy detailed in his Renewed Hope 2023 manifesto which is an 88 page development template that he leveraged to woo Nigerian electorate to vote for him in the course of the just concluded electioneering campaigns.
At inception of the outgoing administration, the third (3) branch of government (judiciary) had appeared like the last bastion as it had remained in large part untainted.
But after a short period, it wilted owing to the onslaught by the executive arm through undue interference that has blighted it to the extent that most Nigerians no longer see it as infallible and unbiased.
And it is precisely why the judiciary is now on ‘trial’ which is such an irony because it used to be law breakers that would be on trial by the judiciary.
Arising from the above, the president-elect is spot-on, on the score of planning to tackle corruption in the judiciary as part of his party’s plans towards renewing hope in our beleaguered nation.
The truth and reality are that it is a pliant judiciary that enables or facilitates the emergence of unscrupulous politicians.
Now, not many people can spot the uncanny link between the judiciary and politicians. But president- elect Tinubu seems to have made that connection hence he seemed to have given a sneak preview of his agenda when he gets sworn into office from 29 May.
The nexus between the judiciary and legislators as well as politicians in general is reflected by the catch phrase currently dominating the political space ‘Go To Court’.
The absurdity was given a new lease of life by the Independent National Electoral Commission, INEC chairman, Prof Mamoud Yakubu when he declined to respond to political party agents complaints about perceived improprieties identified during the collation of the results of the 25 February elections.
Taunting aggrieved co-contestants for political office by daring them to go court is particularly the case in Nigeria where some unscrupulous political actors prefer not to campaign or woo the electorate, but deploy their financial war chests into ‘settling’ members of the bar and bench that help them obtain and maintain crooked mandates via courts as opposed to the electorate exercising their right to choose a president, senators, members of House of Assembly, HoRs, governors and state houses of assembly members.
Since the return of multi party democracy in 1999, following former president Olusegun Obasanjo’s reign up to 2007 during which the rule of law was trampled upon and the principles of democracy were disregarded, it was acknowledged by subsequent decent political actors that election malfeasance had reached an alarming proportion in 2007.
That realization prompted more democracy advocates in leadership to be more determined to reform the system and urgently too.
So, it is the reform that was commenced in 2007 by the justice Lawal Uwais committee established by president Yar’adua of blessed memory (2007-10) and sustained by ex-president Goodluck Jonathan’s regime (2010-15) that culminated into the Electoral Act 2022 passed into law under the watch of the outgoing government.
At this juncture, it is worth pointing out that there are striking resemblances between the general elections conducted in Nigeria in 1979,2007 and 2023.
In a manner that appears like dejavu encore to me, the current circumstances thrown up by elections 2023 may compel president-elect Tinubu to elect to replicate what late Umaru Yar’adua did in 2007 when his emergence as president midwifed during OBJ’s watch was alleged to have been tainted as is currently the case with Asiwaju Tinubu’s mandate in 2023, which is some sixteen (16) years after.
And upon being sworn into office Yar’adua vowed to immediately embark on a reform of the process of recruiting political leaders.
Asiwaju Tinubu in 2023 ,like Yar’adua in 2007 who pledged to reform the electoral system is already pledging to end corruption in the judiciary through boosting their remuneration and providing a conducive working environment for them.
That implies that there is a parallel between Yar’adua’s action in 2007 that vowed to improve on the electoral process and Tinubu in 2023 committing to eliminating corruption in the judiciary.
Commendably, Yar’adua kept his promise by setting up the justice Lawal Uwais committee that laid the foundation for the electoral reforms that birthed previous reforms that culminated into Electoral Act 2022 currently in operation.
Having made a similar commitment on May 4 in Port Harcourt which is about twenty five (25)) days to his inauguration into office as president and commander-in -chief of the armed forces of Nigeria, hopefully, presidentin-waiting Asiwaju Bola Ahmed Tinubu would fulfill his promise in the manner that Yar’adua did.
A constitutional crisis similar to the instant one bordering on elections result also had arisen in 1979 when Chief Obafemi Awolowo of UPN disputed the victory awarded Alhaji Shehu Shagari of NPN and the issue of what constitutes 25% of 19 states of the federation became a protracted matter requiring Supreme Court intervention in the manner that 2/3 majority votes in the Federal Capital Territory, FCT is currently a point of contention in election 2023.
Given the anxiety that it generated, it was not expected that our law makers would not have learnt some useful lessons and as such ensured that such type of complexity is avoided forty four (44) years after.
One common denominator between president-elect Tinubu ,former presidents Yar’adua (2007 -2010), Goodluck Jonathan (2010-2015) and Shehu Shagari (1979-2003) is that they all introduced or tried to introduce reforms in the electoral system. They also tackled corruption in more scientific ways than through sheer brute force or naming and shaming methodology adopted by former dictators/ ex heads of state turned democrats-generals Olusegun Obasanjo(1999-2007) and Mohammadu Buhari (2015-2023).
Fortuitously, the president-elect Tinubu whose task would be to dig our beloved country out of the deep hole where it has currently sunken, all things being equal from 29 May ,has set the agenda by making one of his priority initiatives the restoration of confidence of Nigerians in the judiciary.
And he would have to do so by sanitizing the justice administration system which is the conscience of democracy and society if it is creditable, but can be instrumental to perpetuating bad governance or leadership ,if it is corruptible.
So, to birth a new Nigeria, first of all, the judiciary has to be cleaned up as it were.
Right now, most Nigerians would argue that it is the judicial institution without integrity that is constituting a drag on our country and inhibiting it from becoming the true leader of Africa and a very consequential country in the world.