Date Published: 03/26/10

Press release.

Nigerian Bar Association on the Independence of the Judiciary

Following the G eneral E lections in the year 2007 t he election of Governor Wammako as Governor of Sokoto State was challenged at the Governorship Election Tribunal Sokoto. It is on record that the decision of the Tribunal was taken up at the kaduna Division of the Court of Appeal and in a unanimous decision the Appeal Court found the PDP candidate not qualified to contest the said election but curiously went ahead to frame the final order in such a way as to allow the unqualified candidate to contest or participate in the ‘fresh election’. When the result of the new election was released Wammako was again declared as having won the Governorship seat. Being dissatisfied with the INEC result DPP and her candidate again approached the Tribunal from where there is now an appeal to the Sokoto Division of the Court of Appeal. For the avoidance of doubt, the Sokoto Division of the Court of Appeal is yet to deliver its judgment.

The NBA however notes that the public domain has been awashed with petitions filed by the respective parties against the C hief J ustice of N igeria and the P resident Court of Appeal in respect of alleged positions taken on th is matter. These petitions were given ample publicity on the pages of national dailies presumably by their authors. The Supreme Court presided by His L ordship Dahiru Musdapher JSC (who had disqualified himself from participating in the hearing) granted an interim injunction restraining the Court of Appeal from further proceeding with the matte r till the 1 st of April 201 0 .

Because this matter is sub judice in several aspects we shall in the best traditions of the legal profession refrain from commenting on those facts that constitute issues yet to be resolved in the law courts.

The NBA however notes with grave concern the legal contrivances put in the path of the constitutionally approved court (Court of Appeal) by the National Judicial Council ( NJC ) leading to the Appeal’s Tribunal’s inability to deliver its judgment on the 23 rd of February 2010 as scheduled . This is regrettable. If the independence of the judiciary is to be sustained then administrative agencies within the judiciary (no matter how powerful) must exercise the greatest restraint and caution not to interfere in the workings of the Courts.

Secondly, the NBA deprecate s in the strongest terms the role of our colleagues ( L egal P ractitioners) in the propagation of petitions and the publication thereof in national dailies ostensibly to protest the alleged misconduct of high judicial officers but apparently to stall the delivery of the judgment of the Court of Appeal. It amounts to an unbridled interference in the judicial process so as to achieve personal objectives which in this case includes the interest of their clients. This conduct is clearly unethical and unprofessional.

Thirdly, the NBA remains resolute in it’s believe that all courts in the Nigerian Constitution have their constitutional limits. Great care must therefore be taken that superior courts, no matter how highly placed work within the limits of their constitutional jurisdiction. To embrace jurisdiction under very dubious and doubtful circumstances and stultify the constitutional duties of other courts amounts in simple terms to a judicial coup d’état and grievous assault on the Constitution itself. 

To make meaningful progress in our democracy all of us involved in the administration of justice must always take steps not only to obey the Constitution but to strictly adhere to its terms.

OLUWAROTIMI O. AKEREDOLU ESQ. SAN

PRESIDENT ,NBA