JUDICIARY & EMEKA DIWE'S OPEN LETTER, HIDDEN FACTS & IMPLICATIONS

A recent survey conducted in Nigeria shows that Citizens' perceptions on access to justice indicate lack of trust in the judicial system. According to the survey, 88.7 percent of respondents disagree that the Judicial system is fair and treats everyone equally.

According to Sampson Uwaifo, a retired Justice of Nigeria's Supreme Court, "a corrupt Judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. While the man with the dagger can be restrained physically, a corrupt Judge deliberately destroys the foundation of society".


In January 2023, the Independent Corrupt Practices and other Related Offences Commission (ICPC), announced that 52 ministries, departments and agencies (MDAs) of government had declined to respond to the Ethics and Integrity Compliance Scorecard (EICS), deployed in 2022 by the ICPC, and were hence classified as ‘High Corruption Risk’. Among those so classified were the Supreme Court, Court of Appeal and the National Judicial Institute.

Also in December 2020, the ICPC said that the judicial sector led the Nigeria Corruption Index between 2018 and 2020. The commission further said that about N9,457,650,000 was offered and paid as bribes by lawyers to judges. Most of the cases in question are election matters.

It could be recalled that in October 2016, Nigeria’s secret police, the State Security Service (SSS), raided the homes of several judges in six states of the federation arresting and detaining 15 of them.
During the raid, the SSS said it recovered a huge stash of money in local and foreign currencies. Seven judges were arrested, and have since been released on bail. The National Judicial Council (NJC), the body responsible for recruiting and exercising disciplinary control over judicial officers, rejected a request to investigate the judiciary, citing separation of powers and rule of law.

"The recently released Supreme Court’s decision in MACHINA V. LAWAN offends the conscience, common sense and basic justice of all Nigerians". Castro Ginigeme, lawyer and former adjunct law professor in the United States said in a response to the Supreme Court’s judgement.

“Increasingly, Nigeria courts have become courts of Mumbo Jumbo and technicality rather than courts of justice. Technical legal rules are supposed to be a guide to justice, not a tool to thwart justice. That was the track that imposed Hope Uzodimma as governor of Imo State, even though he came fourth in the governorship elections,” Ginigeme said.

Nigeria’s judiciary, he added, “is not fit for purpose as the method for recruiting judges is nepotistic and political.”

In the last eight years, Nigeria has witnessed numerous controversial judgements coming from the the Judiciary. This has made many loose confidence in the system, presented once celebrated Nigeria's judiciary in a bad light internationally, hence the saying - justice is for sale to the highest bidder in Nigeria.

Chief Emeka Diwe's open letter to the Judiciary in the real sense comes at the right time, as the whole world awaits the outcomes of pending election cases of 2023 general election. In his open letter, the Association of Igbo Town Unions
President General advised Nigerian Judges at all levels to redeem the image of the judiciary, there by writing their names in gold.

A good name they say is far better than gold and silver. A good man dies living a good memory of his, behind. An adage says "when you see a child you know, you will remember his father's character".

Nigerians and the world are watching with keen interest how 2023 Presidential court cases will be judged. History will not forget the role played by all the judges involved, they and their families will always be remembered for their actions and inactions.

CHIEF EMAKA DIWE'S OPEN LETTER TO THE JUDICIARY;

"Fellow Nigerians and ministers in the temple of justice. I am moved to drop this few words of admonition and encouragement to members of the bench and bar of our most sacred judicial institution. Particularly, the constituted panel of Election Petition
Tribunal following the 2023 general election in Nigeria.


The judiciary, every where in the world, should be the last hope of common and uncommon man. This hope is hinged on the impartial, fair, just and unbiased ministers at the hallow temple of justice . Unfortunately, the hope and confidence reposed in the judiciary particularly in Nigeria, has drastically waned in recent time due to vicissitudes of controversial and outlandish judgements, sometimes delivered by court of highest instance.

The court which was once a chamber of awe and justice is fastly becoming a place of shield for criminals who are either rich, and, or connected. It is this desecration that has given rise to a fast growing demeaning phrase "go to court". This ruinous phrase associated with the judiciary is a matter of deep jurisprudential concern.
Worried by the erosion of the sacredness of the judiciary, one of the sound legal minds Nigeria has produced, Prof Nnamdi Obiaraeri, made stunning statements in one of his write ups. He said, "why the sudden bold and audacious embrace of the court system by criminals and miserable offenders? Law breakers cannot stay in the wrong and shamelessly goad law abiding citizens to go To Court in the full knowledge that he who comes to equity must come with clean hands".

I therefore appeal to the leaders of judicial arm at all levels, especially the Election Petition Tribunal, to use this opportunity of election tribunal petition to restore the soiled image of the judiciary by ensuring that justice is not only done but seen to be done. The bedrock of democracy is the rule of law and there cannot be rule of law without judicial independence.

Let me remind you that the outcome of this year's election petition tribunal, particularly the Presidential Election, is a defining moment for the judiciary and Nigeria as a nation. I therefore urge you to do the needful in spite of whose ox is gored.

When people get away with crime because they are influencial, connected or rich, it tipped the scale against fairness and equity. Like Matin Luther Jr,
would say, " there can be no justice without peace and there can be no peace without justice".

As you sit to tackle the varied challenges of the February 25th, and March 18 general election, I pray that God should grant you the wisdom to do your job without fear or favour, so that the dignity of Nigeria Judiciary will be restored.

Thank you.

Chief, Sir Emeka Diwe
President, Association of Igbo Town Unions (ASITU)".

Sources;
@BUSINESS DAY
@TBE MAGAZINE