The current happenings in Nigeria arose my curiosity to ask this fundamental question.
Today my post will be on our 'judiciary'.
Judiciary is the arm of government that interprets and upholds the law but presently in my dear country, it can be said to be that the reverse is the case.
Before now, when a case is instituted in a law court, there will be plaintiff and defendant. The plaintiff who is a complainer or suer approaches a court that has the jurisdiction to entertain such case to the enforcement of his or her fundamental right or rights as the case may be.
The defendant will then be served court summon and given a chance to relate his or her own side of the story, this is very crucial because the law court is based on the principle of fair hearing.
After hearing from both sides, the judge or justice as the case may be then makes a pronouncement, this is otherwise known as judgement.
The accused will either be discharged and acquitted or sentence to a period in prison with or without the option of fine.
Having analysed what a reasonable court process cum proceedings should be in a healthy country, allow me to relate this to our own judiciary.
Using Election tribunals as a case study, when a candidate or political party approaches a court for redress as to a certain election conducted either by Independent National Electoral Commission (INEC) or State Electoral Commissions.
After hearing from both sides, the tribunal chairman will then make a pronouncement of either confirming or nullifying the said election.
The issues of concern are:
- The judgement will be silent on the illegal occupant of the office, say the election was nullified.
- Same judgement will still be silent on the supposed umpire that was compromised during the election
- Same judgement will be silent on the paraphernalia and financial benefits of the office illegally occupied
- Same judgement will be silent on the party that got a seat illegally
Are all these normal in a sane country?
No culprit! The money realised before getting kicked out will be more than enough to be spent in the rescheduled election if the judgment asked for a re-run.
If Nigeria were to be a sane nation, the person kicked out shouldn't be allowed to re-contest the election and this would have checkemate the 'do-or-die attitudes of our shameless politicians.
Candidate, INEC officials and the political parties involved in rigging of elections should be jailed!
Away from the election tribunal judgements, another pointer to the sickly attribute of our judiciary is the kind of judgment they pass at times when compared to the gravity of the offence committed.
We were in this country when a former chairman of the police pension board that stole over N20bn was asked to pay a fine of around N700,000.
Whereas someone that stole less than N15,000 was asked to die by hanging in Ekiti State!
I'm not in support of any criminal act but the judgment should be proportion to the crime committed, otherwise people will be tempted to commit high profile crimes because they always find there ways.
Our incumbent Vice President, Prof. Yemi Osinbajo said this last week when he lambasted the Economic and Financial Crimes Commission (EFCC) for not concluding most high profile cases.
Another notable dent on the image of our sickly judiciary system is these their ignoble 'court injunctions'.
When a person is being tried in a court and moves to another court to halt the proceedings of the court at which his or she is standing trial... Should I say that they are confusionists?
Conclusion:
I call on President Muhammadu Buhari to declare state of emergency in the judiciary system, this will flush the corrupt elements and structures from the system.
Signing of court affidavits in proxy should not be allowed to stand anymore, there should be speedy judgements.
Some have used over 5 years in the prison without trial, our prisons are over populated.
Community service can also be introduced to the so-called 'petty criminals"
Judiciary they say is the last hope of the common man, they should live up to expectations before we masses occupy their offices.
God bless Nigeria.
I neva saw it lik dis bf
ReplyDeleteThat is the pathetic situation of the judiciary at the moment, the arm should be overhauled.
ReplyDelete