Is the Nigerian Judiciary Robotic Constrictive in the Corruption War?


All these, even though it is quite clear to everyone that corruption remains the singular most disabling stricture on the path of Nigeria’s advancement, development and greatness! It is clear to me that Nigeria’s efforts in blood, tears, sweat and treasure will come to fruition, when all relevant branches of Nigeria state power actually work with a common purpose. The first and foremost, in our national tasks, is the elimination and eradication of corruption.

In this regard therefore, no laws, no rules, no regulations and no technicalities should be clogs in the wheels of desirably necessary and equally urgent business of Nigeria’s progress. The Nigerian judiciary, currently stands the risk of appearing to allow the criminals who still parade as our political “leaders” to think that crime does pay!

Currently, it is the case that those who steal the most from Nigeria’s public treasury, are the same ones, who are able to afford high priced lawyers, senior advocates of Nigeria etc who regal in legal victories, even as they buy legal technicalities as constitutional protections for the most vapidly corrupt public officials! Former Military Officers and former Customs Officers and current corrupt governors are benefiting from their crimes against the Nigerian people! The Nigerian judiciary cannot act as a disinterested party!

Nigerians should take one look at the recent reinstatement of Governor Dariye of Plateau State, a man who is a fugitive from justice, a man who is clearly a public disgrace and clear eyesore in decent minds and morally outstanding circles, both in Nigeria and Britain!

What is the purpose of the laws of Nigeria? What is the general intention of the drafters of the laws regulating the Economic and Financial Crimes Commission or EFCC? I would guess it is to rid Nigeria of corrupt practices and persons who perpetuate corrupt acts. It is common knowledge, and Nigerians are unanimous that the corruption scourge has given Nigerians and Nigeria a huge image problem and a metaphorical bruised eye. It therefore makes perfect sense to use every intelligent means to fight corruption.

What is the purpose of the laws of Nigeria with particular regard to the Independent Electoral Commission or INEC? It has to be assumed it is forethought that a body such as INEC would be allowed reasonable discretion to conduct a free and fair elections, acting as an umpire and referee with reasonable officiating authority.

What is the purpose of the laws of Nigeria and in particular, section 308 of the constitution of Nigeria 1999 that provides immunity from prosecution for certain categories or classifications of public officials, to give freedom of actions, reasonable discretion to engage in reasonable acts for public good, our common good, without hindrance and without fear of personal penalties or punishments for actions taken in furtherance of our citizen’s interests and furtherance of public interests of all Nigerians.

We have become aware that the immunity clause has been turned into impunity of actions and egregious misconducts by some Nigerian public officials, but must our Supreme Court look the other way, all in the name of hot pursuit of legalese and technicalities? Must we give free ride to those public officials who undermine Nigeria? What is the purpose of the law? The highly esteemed members of the Nigerian judiciary should not work at cross purposes with the legislative and the executive arms of the Nigerian government.

All arms of the Nigerian government, that is, the executive, legislative and the judiciary, and indeed, all Nigerian citizens, must work in concert and unison to attain Nigeria’s global missions. Anything that detracts from that, is unqualifiedly and infinitely useless!

The executive arm of Nigerian government must obey, and enforce, all Nigerian laws! The legislative arm of the Nigerian government make new laws and amend some old laws, including the 1999 constitution, in particular, it must expunge the immunity clause as enshrined in section 308. The judicial arm of the Nigerian government must interpret Nigerian laws, and make Nigerian laws more alive, in the true spirit and letter, of Nigerian laws. Where necessary, infer the intentions of the legal drafters of Nigerian laws, the general intendments of laws has to be, the betterment and advancement of our society!

It certainly cannot be the case that the laws of Nigeria were intended to disable the EFCC, INEC! It equally could not have been the general intendments of the laws of Nigeria and its drafters, to allow fugitives from the law, such as Joshua Chibi Dariye and DSP Alamieseigha to preside over political subdivisions in Nigeria! What is the purpose of the laws? What is the purpose of medicines, good medicines that does not protect, prolong or preserve lives? What is the purpose of laws does not advance Nigeria’s cause?

The purpose of Nigerian laws is to advance the worthy causes of Nigeria, the purpose of laws of Nigeria to in hot pursuit, attain the furtherance of Nigeria’s national interests and Nigeria’s place in the global scheme of things. Nigeria’s place in the world must be pursued relentlessly, in that regard, all obstacles and impediments, domestic or foreign, must be decimated. Regardless of whose ox is gored, Nigeria must prevail and triumph!

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lugard agbomoagan July 8, 2008 - 8:34 am

it encourages us coming

Anonymous May 9, 2007 - 1:08 pm

This is excellent! Most of those decisions are wrong in law perverse and have resulted in unintended miscarriage of justice (but they are binding all the same) Nigerians ask for no favours from anybody. Nigerians demand justice from its courts as of right.

Blame not Atiku, Dariye or "Mrs" D. Alamieyseigha. Something has gone wrong somewhere. Regretably, neither lawyers nor legislature nor Executive checks judiciary. The press has been scared into silence or just "applause" under duress (when it comes to the judiciary). Nigerians are compelled to expect and trust "self-correction" by the institution itself. Perhaps with a Yar'Ardua in charge, EFCC and INEC would be allowed to perform their constitutional function within the law and Nigeria can expect justice from its own courts.


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