THE SECOND AND THE CONCLUDING PART OF 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

JUDGES AS NATION BUILDERS

A deep understanding of the Judiciary’s constitutional role will reveal that the judiciary is much more than a mere dispute resolution mechanism, where people just walk in to settle their disputes and walk out. That narrow perception, even by the operators of the judicial system themselves, is myopic and misconceived. It accounts to some extent, for the widening disconnect between decisions of courts and public perception. The Constitution is the Nation Building or Development Manual of a nation. It is from and upon it that all development plans and policies of government derive their legitimacy.

The judiciary as a vital constitutional institution is therefore a Nation Building Institution. By implication, therefore, a Judicial Officer is a Nation Builder by calling and must perform his functions with that consciousness. His responsibility is more than that of a Commercial Arbitrator, Conciliator, or Mediator.

Unlike them, he derives his authority from the Constitution and has the duty of ensuring that the Letters and Spirit of the Constitution are reflected and upheld in the discharge of his judicial function. In dispensing justice therefore, even in the most innocuous of cases, he must be conscious of his wider constitutional mandate, without going outside the facts and evidence before him.

The consciousness or otherwise of a judge of this constitutional burden can make a whole difference in how he discharges his judicial functions. It will reflect in his interpretation of statutes, contractual documents, and public-interest instruments, while not jettisoning the established Canons of Interpretation. It will certainly reflect in his general thinking and overall appraisal of cases, while still abiding by the Doctrine of Judicial Precedent.

The mind of a nation-building Judge is unaffected by religious or ethnic sentiments because he sits not as a defender of religion or tribe but as a Propounder of the Constitution. He abhors nepotism, bribery, and corruption because he is sworn to uphold the more noble ideals of fairness and impartiality. He forgoes illicit personal pecuniary benefits in preference for the loftier ideals of good conscience, good name, and enduring integrity. National Good over personal gain is his creed, and he stands or falls by it.

The Supreme Court’s decision in the currency change imbroglio, leading to the 2023 general elections in Nigeria, is a good example of how the Judiciary as an institution, can play a positive role in national development. By its decision, the Apex Court called the Government to firm order, and at the same time, calmed the highly frayed nerves of angry and frustrated citizens. An impending socio-economic upheaval was thus averted by a stroke of prudent judicial pronouncement. That was not the first time that the Apex Court would be taking such a vital and much-welcomed step.

It has done so on several other occasions leveraging on its jurisdiction and powers as, not just a Court of Law, but also a court of Public Policy. In Okonkwo V. Okagbue (1994) 9 NWLR (Pt 368) P. 301, the Supreme Court defined “public policy as the ideals which for the time being prevail in any community as to the conditions necessary to ensure its welfare, so that anything is treated as against public policy if it is generally injurious to the public interest.

Public policy holds that no subject can lawfully do that which tends to be injurious to the public, or against public good, which may be termed, as it sometimes has been, the policy of the law, or policy about the administration of the law.” As the final and highest Court of the Land, the Supreme Court is a major Policy Driver and a Beacon of Light for national development. The Lower Courts in the judicial hierarchy ought to follow the Apex Court’s example within the acceptable scopes of their jurisdictions and power.

CONCLUSION

Only a well-positioned, virile and independent Judiciary can contribute meaningfully to national development. A Judiciary that depends on the benevolence of another arm of government for sustenance cannot optimally contribute to national development, because he who pays the piper will always want to dictate the tune.

It is therefore important for the relevant authorities to ensure that the Judiciary enjoys full independence, including financial autonomy. Provision of necessary working tools and improvement in the welfare of judicial personnel at all levels, are vital factors that can positively impact national development. Above all, the men and women who adorn the Bench must be persons not only of sound learning, but also of integrity and good conscience. They must have the fear of God and be prepared to uphold their Oath of office at all times.

In making their decisions judges must be unaffected by the political winds around them. They must not allow the cloud of battle obscure their vision and finally, they must never shy away from telling the people what they do not like to hear, where necessary. Judges must consciously determine to stem the unwholesome tide of conflicting decisions and forum shopping by litigants, while also elevating substance over technicality.

©Hon. Justice Abiodun A. Akinyemi Abeokuta,
31st May, 2024