BEING A PAPER DELIVERED AT A ONE-DAY SPECIAL WEBINAR FOR JUDGES AND JUDICIAL OFFICERS IN NIGERIA UNDER THE AUSPICES OF THE CHRISTIAN LAWYERS FELLOWSHIP OF NIGERIA ON FRIDAY THE 31ST DAY OF MAY 2024

“If we do not maintain justice, justice will not maintain us” – Francis Bacon

INTRODUCTION
The intersection between Law and Development is as old as the evolution of Society. Man emerged from the Hobbesian state of nature into an orderly society when he started to formulate and apply informal rules to govern inter-personal interactions in place of the use of physical might. That, coupled with indigenous ways of conflict resolution, marked the gradual evolution of society from its primitive state to the Modern nation-state. As Society advanced, Law and Conflict Resolution Mechanisms, being its fabric, evolved with it, such that one became unimaginable without the other.

Society crystallized into the Modern State while the conflict resolution mechanisms crystallized into the modern justice administration institution known as the Legal System or the Judiciary. Hence, today, it is impossible to think of a Modern State or Nation without a judicial apparatus. Just as Law is known to be a dynamic instrument of social change, the Judiciary is a catalyst for development by the nature of its role. However, this is so only where the Judiciary and its operators understand and play their role in a way that is in tandem with the society’s aspirations and in accordance with the Constitution and other Laws guiding their operation. Otherwise, it may become an antithesis of progress and indeed an enemy of society, rather than its bastion of hope.

JUDICIARY AS A PANACEA FOR NATIONAL DEVELOPMENT

The notion of the Judiciary being a panacea for national development rests in the belief that by the nature of its historical and constitutional roles, it can effectively stabilize the society, create the right environment for policies and endeavours of governments and individuals to thrive and by its decisions, point the society forward in the right direction.

It is assumed that the Judiciary will effectively play its constitutionally assigned roles of Guardian of the people’s rights; Vigilant Watchman against executive and legislative excesses; Unbiased Arbiter of disputes; and a firm Defender of the Constitution in all seasons. Inherent in the notion is the further supposition that the judiciary will be independent-minded, untainted by politics, unaffected by primordial sentiments, incorruptible, and above board in all matters of integrity. A judiciary that fails to tick any of these boxes is a threat rather than a panacea for national development.

Society is safe only when the judiciary is trusted, even if the other arms of government are not trusted. But it is in grave danger when trust and confidence in the judiciary is lost, even if the other arms of government are trusted. Therefore, to foster national development, the judiciary must first earn and sustain the trust and confidence of the people. In matters of trust and confidence, especially concerning justice dispensation, perception holds a significant place. It is therefore not to be ignored.

While reality and perception may not always fully coincide, it becomes worrying when the gap continues to widen. What the widening gap signifies is that there is a growing disconnect between judicial action and societal expectations. While judicial decisions are not and should not be based on public emotions and expectations, they ought to reflect and advance collective societal aspirations and national ethos. They should advance the public good.

Conflicting court decisions in particular, give the judiciary a bad name and diminishes its nation building potentials in the minds of reasonable members of the society.

THE JUDICIARY AS SOCIETY’S BULWARK

In the Modern State, there are three arms of government, namely the Legislative, the Executive, and the Judicial, playing complementary roles in the advancement of the society. The critical relevance of the Judiciary is seen in the fact that even in non-democratic States, (including Nigeria under military rule), where democratic institutions including the Legislature are abolished or suspended, the Judiciary is still allowed to exist and function, even if under hostile conditions. This is because even despots and totalitarian regimes realize that they need the judiciary, howsoever impaired or decapitated, to give a semblance of legitimacy or humanity to their unconstitutional actions. This is not surprising because even the unjust realizes that justice is the bedrock of a just society.

Without justice, peace is hampered and without peace, economic, social, and political developments are impossible. The development of modern nations is therefore hinged upon the existence of vibrant and independent judicial systems. An informed, virile, independent, articulate, incorruptible and unbiased judiciary is the society’s bulwark against anti-democratic forces. The ability to bring every man, high or low, under the authority of the Law without fear or favour, in addition to ensuring that justice is equally rather than selectively dispensed, are important factors that enhance a judicial institution’s nation-building credentials and inspire trust and confidence in the populace.

Without the interventionist role of the courts, society will be in chaos, as citizens will take matters into their own hands. Even the most vocal critics of the judiciary have never denied the importance of the judiciary’s role in the advancement of society. While there will always be room for improvement, it cannot be denied that the role of the Nigerian Judiciary in pre and post-election disputes, has brought some sanity into the electoral process. While some have criticized the judiciary for getting involved in political and electoral disputes and even accused it of ‘installing’ people into political offices, the question to ask is: ‘Where else would political disputants go, if they are unable to resolve their disputes, other than the courts?’ And of course, as everyone knows, the judiciary does not institute or invite these litigations, it is aggrieved citizens who bring their cases before the courts and tribunals.

And the courts and tribunals are duty-bound to hear them. In the process, the courts have developed a humongous amount of electoral jurisprudence which has helped in no small measure in advancing our democracy. Nation States mature with age and experience, and judicial precedents and legal jurisprudence play a huge role in nations coming of age.

THE JUDICIARY AND NATIONAL DEVELOPMENT

National Development refers to the capacity of a country to attain steady positive growth or advancement in critical areas such as the economy, infrastructure, political and electoral processes, education, health, science, and other indices that culminate in better living standards for the citizenry and an improvement in the gross domestic product. National development is not the responsibility of the Executive alone. Constitutionally, it is the joint responsibility of the three arms of government and their agencies, to act complementarily. By Section 4 of the 1999 Constitution of the Federal Republic of Nigeria, the Legislature is vested with the power to make Laws to foster national development. By

Section 5, the Executive is vested with the power to formulate and execute policies and projects in line with those Laws. By Section 6, the Judiciary is vested with the power to interpret and apply the Laws in a manner that will engender the necessary enabling legal environment for the peaceful execution of the policies and projects intended to bring progress to the nation. The Judiciary is therefore not an outsider, a bystander, or an onlooker, but an active participant in the task of nation-building.

It is not an antagonist of the other arms of government, but a progressive collaborator even while serving as a check of their excesses and illegalities. Standing in the gap between State and Citizen and ensuring that the constitutionally entrenched rights of citizens are not violated by the State or other citizens; ensuring that the citizen also performs his constitutional duties and obligations towards the State; firmly and impartially applying the law by visiting lawbreakers with appropriate consequences; dispensing Justice with competence, fairness, impartiality, transparency, dispatch, and courage, thus inspiring confidence in the citizenry, are ways by which the judiciary contributes to national development.

Quick disposal of cases, certainty of judicial outcomes in line with established precedent and extant laws, avoidance of unnecessary technicalities and conflicting decisions, zero tolerance for corruption and abuse of judicial process, including forum shopping, are all attributes to be found in a judiciary that is fulfilling its role in national development.

Whether in Commerce, Security, Law and Order, Political Governance or Human Rights, the performance or non-performance of the judicial role can make or mar the well-being of a nation. No matter how sound and well-articulated the policies of the governments are, if they get entangled in legal disputes that the courts are not able to properly resolve, the nation’s economy and overall national development can become imperiled.

Commercial disputes which linger on for too long in the courts, is a disincentive for investors, who, out of frustration may decide to take their investments elsewhere where the judicial terrain is more certain and business friendly. On the other hand, an efficient, effective, impartial, and independent judiciary, is an incentive for investors, local and foreign, thus helping the growth of the economy. Similarly, quick and transparent adjudication of political and electoral disputes by the courts lends credibility to the electoral process, thereby conferring legitimacy on elected officials, while also encouraging the most able of citizens to participate in the electoral process, thereby improving the quality of representation and by implication, providing better governance. Confidence in the justice system is therefore a catalyst for good governance and national development.