By Ishaya Ibrahim
Acting News Editor
Femi Falana has railed at how the federal government and lawyers of shady character contribute to weakening the judiciary and making its decisions easily ignored.
The Senior Advocate of Nigeria (SAN) argued at the 10thKehinde Sofola memorial lecture in Lagos that the Nigerian judiciary has been more weakened by democratic governments, especially Muhammadu Buhari administration, than by military juntas.
He said on December 2, 2016, he got a court judgment that the detention of El-Zakzaky, leader of the Shia Islamic sect, and his wife, could not be justified under the law.
“The court ordered their release, awarded N50 million damages to them and asked the government to provide them temporary accommodation because the [Nasir] El-Rufai government of Kaduna State had demolished their house.
“Up till now, they are still in detention. And there are many other orders that are being disobeyed,” he added.
Even Trump respects the court
He said even the cantankerous United States President, Donald Trump, complied with court rulings against his travel ban on seven Muslim countries which he later modified to six countries.
“Trump adjusted to the law and showed fidelity to the rule of law. If it were here, the attorney general would say we shall wait until the Supreme Court makes pronouncements, which again will take 10 years and the regime would have gone.”
Falana recalled thatwhen former Central Bank of Nigeria (CBN) Governor, Lamido Sanusi, now the emir of Kano,was fired, he challenged in court both his sack and the seizure of his passport.
Falana said a Federal High Court in Lagos ruled that the seizure was illegal and awarded N50 million reparation, but the passport was not released, neither was the N50 million paid.
Even the military obeyed court orders
He wondered what the Nigerian Bar Association (NBA) is doing.
“Under the Aka Bashorun presidency [of the NBA), 1987 to 1989, over a disobedience of a single court order, the NBA called for the boycott of the court and until that order was complied with, we didn’t go back.
“And throughout that era, the military never disobeyed court order. But today that has become the order of the day.
“Even in those days of draconian decrees, once a court gave an order, you could be sure the order would be obeyed.
“I will give just one example.
“The Concord newspaper was shut down and we went to court. Even it was a decree that you shall not question what had been done. If you questioned it, it was illegal.
“But it was on a very small point the court found a way. The decree said a premises could be sealed off.
“But in the instrument sealing off the premises, the people – whether they didn’t go to school or they were very careless – said the premises was hereby sealed up, not sealed off.
“I submitted to the court that you cannot seal up a premises. On that score, the late Justice James Oduleye ordered that the closure be declared illegal and the military guys should leave the place.”
Trial or delayed trial, take your pick
Falana lamented that today, when a lawyer is paid well, he would ask his client whether he wantsa trial or delayed trial.
“The case of Mohammed Abacha and the state, from the High Court to the Supreme Court, lasted 16 years over a frivolous objection, that is, whether the immunity of his father extended to him.
“That was the point sought by a former President of the NBA, JB Daudu. By the time they finished, 14 years later, the witnesses had disappeared and the government was forced to withdraw the case.”
Falana said senior lawyers have devised a strategy to defeat even the Criminal Justice Act which bans stay of proceedings.
“They would cross examine a witness for 15 adjournment times and ask him all the questions of this world.”