Misapplication Of Discretion In Judicial Proceedings In Nigeria

By Douglas Ogbankwa Esq. Justices, Judges, Magistrates and Presidents of Area and District Customary Courts in Nigeria are very powerful. What they say and write is the Law, which you must obey. The latitude and discretion however given to My Lords, Their Worships and Their Honours are however too wide and sometimes unfettered. This could give room for abuse and perversion of Justice. It was Lord Atkins that said ‘Power corrupts and absolute power corrupts absolutely!’. The following are some practices and procedures in the Justice Delivery System in Nigeria, which require guidelines to ensure a uniformity of the Application of the Law and Discretion in the Nigeria Legal System. Same is currently now being abused and misapplied by some. 1.Ex Parte Orders or Interim Injunctions: Ex Parte Orders or Interim Injunctions are orders that are made for the time being, usually to provide succour for a person in an urgent situation, in a way that if you do not do so, the res-subject matter will be destroyed. This Procedure is being abused by some Nigerian Judges, Magistrates and Court Presidents, who some times determine the main issues in a matter at the Ex Parte Stage. There are no guidelines for the issuance or refusal of Ex Parte Orders. Judicial Officers usually hide under the hazy and nondescript concept of the word “Discretion”, to do what ever they wish, even if some times such is not allowed by Law. My Noble Lord, The Chief Justice of Nigeria (CJN), must as a matter of urgency provide a Practice Direction to establish the compass of how to and how not to grant Ex Parte Injunctions. This should be like the one that was given that stopped conflicting Judgments of Courts. This is very important to delimit the ambit of the Law on this subject and make the granting and refusal of Interim Injunctions ascertainable. It will also stop the current practice of some parties going about looking for Interim Injunctions. There should be pointers to the grant or refusal of same, pointing to the names of the parties, whether they are juristic persons, the jurisdiction of the Court to hear and determine the main matter before the determination of an Interim Injunction, whether there is real urgency, which must be established and not by mere deposition in an affidavit of urgency. For example, the Judge will ask the question, “What will go wrong in the event that the order party is put on Notice?” Will the heavens fall? The current practice of any thing goes in the grant or refusal of Interim Injunction is  one of the reasons for the perceived  disdain with which the Legal Profession is viewed in Nigeria today. The Narrative among the public is not palatable. While I concede that Judges do not give their Verdicts based on Public Perceptions, the Judiciary should however realise that the general public are the customers of our Judicial System and like a good Customer Care Service , it is important we get the feedbacks from the public, to know how we can improve our services .We must not operate among people that live on earth and act as if we live in planet Mars. There must be a symetry of purpose between the Law and the Society. 2.The need for sentencing guidelines: The Concept of Sentencing is a creation of Statute and Case Law. If the Body of Laws says you can give an option of fine, why should a Judicial or Presiding Officer Order otherwise? The needless imprisonment of Citizens is one of the reasons our Prisons are congested. There should be a uniform Sentencing Guideline issued to all Judicial and Presiding Officers, which My Lords, Their Worships and Their Honours should subscribe to and apply to the Letter. A Matter with the same facts and circumstances should not be determined in a different manner. This will obviate the abuse of Sentencing Powers of Judicial and Presiding Officers to preclude them to be too excessive or too mild in exercising their sentencing powers. 3.Granting of bail The Granting of Bail by Judicial and Presiding Officers even require more streamlining as it the most abused of the discretionary powers of Judicial and Presiding Officers. Bail is no longer entirely at the discretion of Court. The Administration of Criminal Justice Law Act and Laws of different States have indicated Matters in which a Judicial and Presiding Officer must grant bail. So ,it is no longer a privilege to the Defendant for such Matters indicated in the Administrative of Criminal Justice Act (ACJA) and  the Administration of Criminal Justice Law (ACJLs), but a right, for which they could even seek redress ,if denied Bail. To this end, to ensure that the Law is followed in symmetry l, Guidelines should be issued stating all the Offences and conditions therein for Bail, which should follow the Statute creating the Offence and should not be too excessive or too mild. This is to avoid allegations of bias, malice and ensure Judicial Powers are exercised, with out affection or ill will. 4.Election petitions Election Petition Cases though sui generis, appear mysterious and esoteric in the way and Manner that two Election Petition Cases for example, in the same State, in two Constituencies, will be determined differently by the same Panel, with the facts and applicable authorities being the identical, evaluated differently to reach a different conclusion. This is completely unacceptable! Election Petition Cases are even more grave, because they deal with the destiny of the Local Governments, States and Country. To this end, I recommend that only retired Justices and Judges of the applicable Courts are used for Election Petition Matters and Appeals. This will also ensure that cases in the Courts do not suffer owing to the absence of Justices and Judges that conduct Election Tribunal Cases and Election Appeal cases respectively. There should also be penalties for Members of a Tribunals and Appeal Panels who fail, neglect and/ or refuse to follow Judicial Precedents set by higher Courts of Records and their own Court,

FG Expresses Readiness To Increase Supreme Court Justices

Following the increasing workload as a result of the depleting number of Justices of the Supreme Court, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has said the Federal Government is prepared and ready to strengthen the Apex Court to attain the required number of Justices as required by the Constitution. Speaking at the special court session of Justice Amina Adamu Augie’s retirement, Fagbemi said, the Federal Government acknowledges the sacrifices and the working conditions of the current Justices of the Supreme Court and other Judges in Nigeria.  The AGF said, “President Bola Tinubu’s led government shall guarantee excellent conditions of service and renumerations good enough to appreciate the onerous duties of judicial officers at all level. According to the AGF, “While we appreciate the urgency in reviewing the remuneration of judicial officers which had not been done for over a decade as an integral component of our judicial reforms, we are also appreciative of the greater goal of achieving a true independence for the judiciary which can only be achieved through a comprehensive and sustainable reform process which requires attention and details”. He said the federal government has commenced a painstaking effort at revisiting and reviewing all necessary instruments towards strengthening the judiciary, rule of law and improving the living conditions of all judicial officers. While noting that Nigeria’s judiciary has lived up to expectations, Fagbemi said the federal government will support critical reforms that would enhance greater access to Justice, facilitate speedy trials and build confidence in the country’s judicial and legal systems. The AGF described Justice Amina Augie as an embodiment of a patriotic and dedicated Nigerian, who made several far-reaching legal and judicial pronouncements, which have continued to generate reviews from legal commentators. Earlier in his speech, the CJN said, Justice Amina Adamu Augie, “has, largely, made herself a pliable legal personality that has diligently sunk a pool of enduring legal knowledge and experience in all her judicial pronouncements. She has been a formidable ally, an admirable pillar of support and indeed, a jolly good fellow to all of us. “His Lordship is a rare gem and unblemished symbol of humility and piety. Her judgments are not only incisive but equally analytical and rich in content and context. Her robust contributions to the development of our jurisprudence are fascinating and captivating, too. Her impeccable attention to details in every matter that came before her is alluring and salutary as well.” The CJN said Justice Amina Augie has variously exhibited rare qualities and tenacity of strength and character to the admiration of her colleagues and admirers, especially when it comes to the administration of justice. The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau (SAN), in his speech said, there is no Supreme Court in the world that is over-worked like the Supreme Court of Nigeria. Even at that, the NBA boss said Justices of the court still carry out their judicial duties deligently, he commended the sacrifices of the Supreme Court Justices. While urging the Justices of the Supreme Court to continue in dispensing justice without fear or favour, Maikyau said the NBA is championing the fight for the upward review of the salaries, allowances and improved working conditions of judicial workers in the country.