Justice Buba: Politicians’ Do-or-die Stance Endangers Nigeria’s Democracy

A retired judge of the Federal High Court, Justice Ibrahim Buba, has raised the alarm that the do-or-die stance of politicians is endangering Nigeria’s democracy, stressing that until the political class begins to obey the orders of courts, good governance will continue to elude the country.

He spoke at the weekend in Abuja, at a one-day workshop on Judicial Accountability, organised by TAP Initiative in conjunction with the Open Society Foundation (OSF).

In his keynote address titled: ‘Impact of Judicial Accountability on Public Trust in the Legal System’ the retired former Federal High Court judge observed that if politicians play by the rules, a lot of cases ought not to have reached the courts in the first instance.

"The Nigerian judiciary, undoubtedly is being overworked by politicians to sustain democracy; it is very easy for an outsider not to see the ‘cow’ on the head of the politician and political class, but to quickly see the ‘lice’ on the head of the judiciary", he said.

"No amount of judicial activism by the judges can better society if the political class is not willing to play by the rules of the game, according to the constitution of their parties enacted by them and given to themselves, a fotiori the Constitution of Nigeria.

"Obedience to court orders is sine qua non to order and good governance, if judgments of courts and court orders go forth without respect and come back without effect, society and by extension democracy will be endangered", he added.

While arguing that never in the history of Nigeria are the courts so inundated with pre-election matters and election petitions, as under the current dispensations, the former jurist submitted that the Nigerian judiciary has given a very good account of itself.

According to him, the "judiciary in spite of all odds, has to work with incompetent poorly paid support staff whose trust cannot be guaranteed, judgments can be leaked to the press before being delivered. The Nigerian judge, a product of the Nigerian society and not from the moon, is still struggling to hold the balance evenly; why wouldn’t we say, the Nigerian judge has given a good account of himself, why would we not say, he is one of the best in the world?” he queried.

"Nigerian judges are courageous, very, very courageous; they have dared the military; they have dared the political class; like every society, they have also dealt even with their colleagues who are found wanting. We have increased in numerical strength, both at the bar and on the bench; it is our duty to carry out checks on our members and the way we do things and stop crying wolf where there is none".

He accused politicians and political actors of having their way of undermining the independence of the judiciary, by not only starving it of funds but ensuring an erosion of independence of the judiciary by generating friction and trying to remove the chief judges unconstitutionally.

The retired judge said: "Even agencies of government who cannot have their ways would want to have their judges and their courts, so as to act ultra vires their statutory powers and the constitution of the Federal Republic of Nigeria.”

Buba noted that if the country plays politics of development and politics of advancement, resources will not be wasted on inter-party fighting, election petitions, and by extension, dragging the judiciary in the mud of the conflict of do or die.

"In the three arms of government, it is only the judiciary that has stringent conditions of qualification. Our judges must have a minimum of 10 years post-call to be appointed a judge of a high court, while a school certificate whether pass or fail or its equivalent can attain offices in the other arms of government. It is they who are in politics and try to dictate to the judiciary what the law is, and what should be done.

"It is in this regard, the members of the bar must jealously guard and guide their profession and ensure that the judiciary gets the right people on the bench who can call off the bluff of the other arms of government in checks and balances," he added.