By Onyewuchi Ojinnaka
Eminent jurist and founder of Afe Babalola University Ado Ekiti (ABUAD) Chief Afe Babalola (SAN) at the weekend charged the executive and legislative arms of government to immediately ensure that the situation in the judiciary is immediately resolved, or else, they are by their action, aiding the collapse of the country.”
He blamed the two arms of the government for delaying/failing to resolve the lingering issue of autonomy of the judiciary which has forced courts to remain shut for over two months due to strike by court workers.
He made the remarks at the launch of a book titled “Testament of Judicial Pronouncement” in honour of Justice Ayodeji Simeon Daramola, the retiring Chief Judge of Ekiti State.
He said: “Since I started practice in the early 1960s, I have never witnessed the closure of all the courts, even for one day. As a result of the closure, the police are paralysed because they have not been able to charge any suspected criminal to court. Those who have cases in courts or those who want to file new cases are also affected. Of course, you can imagine the effects on the income of lawyers.”
In comparison, he said the crisis in the judiciary is like a human being whose ability to work depends on the arm, legs and eyes.
“If for any reason any of these three important parts of the human body is incapacitated, then the whole body is in trouble. With this scenario, Nigeria is certainly in crisis.
“The executive and the legislature should immediately ensure that the situation in the judiciary is immediately resolved, or else, they are by their action, aiding the collapse of the country.”
Speaking on appointments to the Bench, Babalola said the quality of the judiciary depended on the brilliance of the lawyers appearing before the courts, noting that in the past, appointments to the Bench were by invitation only, based on the competence and integrity of the lawyers appearing before the courts.
“It has been acknowledged that the best judges are the seasoned, tested and competent legal practitioners. It was an abomination to invite applications for the post of judge.
“In England, seasoned Queen’s counsel, the equivalent of our senior advocates, are invited to the Bench. Unlike what obtained in the 60s and 70s when we had a few senior lawyers, Nigeria can now boast of hundreds of seasoned senior advocates today.
“I, therefore, suggest that we borrow a leaf from England by inviting eminent senior advocates to the Bench at High Court, Court of Appeal and Supreme Court levels to improve the quality of the judges in our courts.
“After all, the late Hon. Justice Taslim Olawale Elias (SAN), the late Hon. Justice Augustine Nnamani (SAN), and until recently, Hon Justice Safiya Babamasi Umar (SAN) are examples per excellence of what to expect when we appoint seasoned senior advocates to the Bench,” Babalola recounted.
