Judicialism and constitutionalism call for the courts’ fidelity to the law and the Constitution, not political correctness. The contrary leads to the truncation and mutilation of justice.
Like any other, the legal profession has its share of corrupt members. Corrupt lawyers pollute and desecrate the stream of justice. They mislead their clients
into believing that favourable judgments are the products of corruption. They have accomplices in the judiciary.
THANK YOU ALL
Dear all, I specially convey my profound gratitude to you for your goodwill messages, best wishes and prayers on my birthday. You made my day beatific and lustrous. I will continue to savour the angelic happiness you brought to me. Kudos to Pearls who started it.
"Nigeria's electoral process needs to be sanitized by making INEC more independent and autonomous of the executive;...by ensuring that all election disputes are concluded before elected officials are sworn-in..." Justice ML Uwais, former CJN, Electoral Panel 2008.
"…while aiming at protecting the sanctity of an election, it might become compelling that society be protected from what might be a SEMBLANCE of an election."
Malawian Supreme Court affirming the High Court's judgment that nullified Malawian presidential election in 2020.
Recall that on 16 August 2023, I posted below, stating among others, that "lawyers mislead their clients into believing that favourable judgments are the products of corruption." Five days after, Justice Flora Azinge complained of a SAN attempting to bribe her.
"This Court (Supreme Court) has the power to overrule itself (and has done so in the past), for it gladly accepts that it is far better to admit an error than to persevere in error."
Hon. Justice Chukwudifu Oputa, 1989.
The Nigerian problem is not necessarily with the Constitution. The most significant trouble is with the operators who disrespect, manipulate, truncate, pervert and desecrate the constitutional provisions for selfish and ethnic reasons.
I am troubled by the scourge corruption in Nigeria. Is there something about the Nigerian system or in the character of public officials that makes it irresistible for them to steal humongous public funds, unlike in other countries in Africa or even the world?
The conflicting court rulings and orders over the Emirate of Kano constitute a monumental show of shame. They have irreparably and irredeemably humiliated and disgraced Nigeria. The contradictory decisions have also scandalously exposed lawyers and the judiciary to opprobrium.
" We are final not because we are infallible; rather, we are infallible because we are final. Justices of this Court (Supreme Court) are human beings, capable of erring. It will certainly be short-sighted arrogance not to accept this obvious truth...” Hon Justice Oputa, 1989.
A sound justice system depends on a country's adherence to the rule of law. How is Nigeria's rule of law ranked in the world? According to the World Justice Project Rule of Law Index 2023 global ranking on the rule of law, Nigeria is 120 out of 142 countries!
The Nigerian Constitution was enacted in 1999. In 25 years, it was amended five times. It contains 66,263 words! It is the second lengthiest in the World. The House of Representatives has just invited proposals for its amendment. It may soon be the World’s longest Constitution!
If it is true that EFFC operatives led a siege at the premises where former Kogi Governor Yahaya Bello hid himself, how did he escape? That could only have been possible if the EFFC operatives were negligent! Meanwhile, EFFC should stop passing the buck.
“…Trump’s conviction on all counts in his first criminal trial affirmed the principle on which the United States is founded — that everyone is equal and that no one, not even a billionaire and former and possibly future president, enjoys impunity": CNN. Can it happen in Nigeria?
An English satirist, Jonathan Swift, wrote in 1707: "Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through." The above statement sadly captures the state of the Nigerian legal system, especially the criminal jurisprudence.
Notwithstanding that the Constitution outlawed carpet-crossing by legislators, it is widely practised in Nigeria. It bastardizes, prostitutes, corrupts, demeans, and denigrates politics and politicians in the country. Expectedly, Nigeria has a disgraceful World record on it.
The US Constitution was written in 1787, ratified in 1788, and has operated since 1789. It has 4543 words. In 235 years, it has been amended 27 times. The Indian Constitution was adopted in 1950. The English version is 146,385 words. It is the longest Constitution in the World.
Sadly, Nigeria is among very FEW countries where members of the public steal parts of the public infrastructure built for the common good. In Abuja, vandals pulled down some electric poles and stole solar panels/lamps. Vandals also stole some parts of the 2nd Niger Bridge.
My attention has been drawn to an online publication by Opera News purporting it to be my reaction to what Northern Elders said about not repeating their "Mistake Of Voting Tinubu In 2027". The statement credited to me is false. I NEVER made it. I will formally write Opera News.
Since Nigeria's global, African, and Sub-Saharan Africa rule of law ranking is miserably and embarrassingly poor, and constitutionalism, judicialism, democracy, security, and economic development depend on the rule of law, you can understand why the country's problems are huge.
It is intriguing and horrific that in the re-adopted Nigerian National Anthem is the lyric "where no MAN is oppressed"! It should have been amended to read "where no PERSON is oppressed". The perpetuation of contempt and discrimination against women continues! It is offensive.
Justice M Bello said, “The judges, every judge in Nigeria, have sworn to apply the law as it is. That is his duty. He doesn't change the law, he applies it... Any law which a judge thinks is bad, he applies it... he cannot say I am not going to comply with this law.”1989. CJN Rtd
Justice Muhammed Bello also said that if a judge "refuses to comply with it (the law he thinks is bad), he is not doing his job, and he is not complying with his oath of office, which is to apply the law no matter how it is?" 1989, former CJN.
Does our justice system sometimes imprison innocent people or sentence them to death? Remember that in 1989, Justice Chukwudifu Oputa said the Supreme Court is not infallible. That applies to all courts in Nigeria. Only Divine Justice is infallible.
Justice Mohammed Bello concluded thus: "Justice? That is theoretical. We don't do justice. We do justice according to the law... We pass judgments which we know do not comply with our conscience." He is a firm believer in Legal positivism.
Justice Bello's position, accords with a cartoon by Osazuwa Osagie in the defunct National Concord where a judge, while passing judgment on an accused, is shown to have said: “I BELIEVE you are innocent (of the offence charged), but the law says you are guilty as charged.” 1989
In some cases, the search for justice leads to the unabashed perpetuation of injustice. This consequence confuses those not trained in the niceties of the law. It would be deceitful and outright naivete to believe that every court decision ends in the enthronement of justice.
Despite the sophistication of the US criminal justice, some innocent people have been convicted and their sentences confirmed on appeal. In the US, James Soto and David Ayala were convicted and served 42 years in prison. They were later found innocent and released.
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@FareedZakaria
: "If you were a North Korean negotiator, you would surely be wondering if any deal made by the Trump administration would be honored or properly implemented by its successors … America’s bitter polarization at home now exacts a price in the nation's credibility"
@Gviev
The report is very comprehensive. Some of the factors include the following: order and security; Nigeria's position is 139 out of 142 countries; absence of corruption, 121 out of 142; fundamental rights, 116 out of 142; and civil justice, 100 out of 142 countries.