Silk lawyer, Olatunji, warns against allowing politicians appoint cronies to the Bench
By Jude-Ken Ojinnaka
“Appointment of persons to the Bench must be merit based and not politically influenced.” This is the position of a Senior Advocate of Nigeria, Mr Abiodun Olatunji, a guest speaker at the National Association of Judicial Correspondents (NAJUC) 2023 Annual Lecture held on Thursday at MUSON Centre, Lagos.
In taking the above stated position, Mr Olatunji made reference to Sections 231, 238, 250, 256 and 271 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which relate to the appointment/qualifications of legal practitioners to the Supreme Court, Court of Appeal, Federal High Court, FCT High Court and High Court of a State.
These sections only state the number of years for any legal practitioner to be qualified to be appointed to the Bench of any of the courts.
No reference was made to the required character traits and depth of knowledge expected of such a legal practitioner.
Mr Adediran Olatunji (SAN) therefore proposed an amendment of the relevant provisions of the constitution mentioned above, such as expanding the definition of qualification beyond the number of years the said legal practitioner is qualified.
“This is to prevent politicians from nominating/appointing their cronies who are not qualified to the Bench. Persons to be appointed must be of unassailable integrity”
The Silk guest speaker said all these while delivering a paper themed: ‘Birthing A New Nigeria: The Role of The Judiciary, Security Agencies and The Media In A Democratic Society ‘ at the 2023 NAJUC annual lecture heldon July 13.
He agreed with judicial and media experts that Nigeria’s democracy depends on, among others, a strong judiciary, media and security agencies.
According to the guest speaker, it is pertinent for the judiciary to revive the practice of appointing some brilliant, cerebral, diligent and Judges of sound character from the High Court Bench straight to the Supreme Court.
Amongst the personalities that spoke at the event Justice Taiwo O. Taiwo (Rtd), Mr. Adetunji Oyeyipo (SAN), Mr. Abiodun Olatunji (SAN) and a former Editor of The Nation newspaper, Mr Lekan Otunfodunrin
They urged President Bola Ahmed Tinubu to make strong, well funded institutions rather than strong men, a hallmark of his administration.
Guest speaker Olatunji in his paper, emphasised the importance of the Judiciary in a democracy. He identified several fundamental issues the government must resolve for the judiciary to become strong and independent.
These includes merit-based appointment of justices and judges, security of justices and judges’ tenures, establishment and strengthening of state judicial councils, improved welfare of Judicial officers, sustenance of Judicial financial autonomy, while intimidation of judges must stop and put to an end.
In his contribution, the Chairman of the occasion, Justice Taiwo O. Taiwo (Rtd) aligned with the guest speaker, noting that poor remuneration for retired justices is a problem, particular for federal judges.
He disclosed that his total pension as a retired justice is below N500,000, an amount inadequate to meet his needs in the current poor economy.
Justice Taiwo said: “Federal judges are badly treated after retirement, compared to state judges. Lagos State has tried for retired judges. Lagos gives retired judges allowances for life, buys them cars, sends them gifts as if they are still in service.
“My take home every month is less than N500,000.”
The retired judge further noted that there is a symbiotic relationship between the judiciary and the press with regard to information.
“One makes sure that the constitutional provision for freedom of information is enforced, the other disseminates the information as the case may be,” he said.
Stressing on the importance of the press in everyday life, Justice Taiwo said: “We owe a lot to journalists because the government at times have to read (the papers) and come to terms with what the people are really thinking and they can’t get the people’s feelings unless they read the papers and listen to the news. It is from there they’ll gage the tempo.
“Unfortunately, in most cases some governments don’t care. Whether the tempo is high or whether the country is in flames, they don’t care; they do what they want. History will judge everyone, including the governed and the government.”
One of the discussants Mr. Adetunji Oyeyipo (SAN) made a case for strengthening the Judiciary, noting that it was critical to a constitutional democracy.
“There can’t be a democracy without the judiciary,” he said.
Another discussant, Mr.Lekan Otunfodunrin
dwelt on the need for the Executive to understand the need for separation of powers, positing that it is a key distinguishing factor between a democracy and a military regime.
Earlier, NAJUC Chairman Mr Peter Fowoyo stressed the importance of key sectors to fulfill their constitutional roles in the interest of the nation He urged the judiciary and security agencies to set up a synergy and work together for a common purpose.
Fowoyo said: “To birth a new Nigeria therefore, the judiciary, the security agencies and indeed the media must not only identify their roles and play it accordingly, they must also work together for the betterment of all Nigerians.
“We thank the judiciary for the support given to us and the work they render to the society. We believe that the third arm of government can do better in the dispensation of justice.
“To our security agencies, we wish to thank you all, not just for coming here today but, also for your commitment to ensure that our society is safe to live in. We dare say, that you can do better if you work together as friends, not as foes.
“The President, Bola Ahmed Tinubu, has reiterated that you must share intelligence gathering and work together as a team. This cannot be overemphasized.”
The event also feature the installation of Mr. Olatunji as a patron of NAJUC and Chief Felix Fagbohungbe SAN as garnd patron by Justice Taiwo.
The event was made grand by investiture of of the guest speaker Mr Abiodun Olatunji (SAN) as PATRON of NAJUC. Five members of the Association, Joshua Morakinyo, Innocent Anaba, Wale Igbintade , Hakeem Ishola and Ranti Thomas were conferred with honorary awards for their contributions to the association.