Last week, the Abuja chapter of the National Association of Judiciary Correspondents (NAJUC) held its 2024 National Conference, where stakeholders in the nation’s judiciary spoke on the role of courts in enforcement of judgements. SUNDAY EJIKE was there and reports.
Again, the Federal Government has put the states on notice that its lawfare to free local government councils isn’t ending anytime soon.
Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, made this disclosure last week at the 2024 national conference of the National Association of Judiciary Correspondents (NAJUC}, Abuja chapter.Fagbemi, who was one of the keynote speakers at the conference said that following the judicial freezing of governors’ hold on funds accruable to council areas, the central government may be pressured to drag the sub-national entities back to the supreme court, to contest their power to conduct council polls.
He said he was aware of the fear being expressed about the continued influence of the governors on council areas because they still supervise the conduct of council polls, pointing out that the Federal Government was being methodical in its approach to ensuring that the council areas are allowed to function as the third level of government as envisaged by the Constitution.
“We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to also look at the Constitution and see whether they [states} should be allowed to continue to conduct local government election in the form that we have presently.
“It does not give anybody any joy to drag any of the sub-nationals to court. Our expectation is that the sub-nationals should allow the law to take its course. It is expected that, having become divorced of the financial dependency on the state government, more people today should be involved in grassroots politics to ensure effective governance from bottom up.”
Apart from the AGF, the conference, held at the Rose Ukeje Hall, with the theme “The role of courts in enforcement of judgements”, also had the Chief Justice of Nigeria, Kudirat Kekere-Ekun, constitutional lawyer and a professor of Law, Mike Ozekhome, SAN, Chief Judge of the Federal High Court, John Tsoho and the chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukayode as lead speakers.
Bullish Fagbemi?
Dissecting the topic, “Aftermath of Supreme Court judgment on Local Government financial autonomy: What next?”, Fagbemi said, any state governor who tampers with funds belonging to local government councils would be guilty of gross misconduct, which is an impeachable offence.
He warned the chairmen of the 774 LGAs across Nigeria against mismanaging local government funds, adding that, “By the July 11, 2024 judgement of the Supreme Court, which granted financial autonomy to LGAs in the country, any governor who tampers with the finances of the LGAs in his or her state is seen to have committed a gross misconduct, which is an impeachable offence”.
While highlighting the critical role local governments play in delivering grassroots development, he urged council chairmen and other officials to prioritize their constitutional duties saying, “Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in the society must benefit from sustainable welfare programmes”.
He noted that the financial autonomy granted to local governments by the Supreme Court was designed to empower them to carry out their responsibilities, warning that if any local government chairman chooses to misuse public funds and fails to deliver on his or her constitutional mandates, such local government chairman risks going to jail, as local government chairmen do not have immunity like the state governors.
The Chief Law Officer of the Federation said any debt incurred by governors, in relation to the official function of state government must be handled by the state and should not be shared with the local government areas, as such projects are not the constitutional responsibilities of local government.
He also disclosed that the federal government will move against states enacting laws that are directed at circumventing the July 11 judgment of the apex court on financial autonomy for local government.
“I am aware that some states have embarked on the promulgation of legislations which appear to be antithetical to the tenets of the judgment of the Supreme Court. My simple point is that, the states concerned are advised not to tread within the precinct of contempt of court. And, my colleagues at the sub-nationals {AGs} should not also invite the attention of Legal Practitioners Disciplinary Committee for misconduct,” Fagbemi warned.
Ghost of an unholy raid?
In her speech, while declaring the conference open, CJN Kekere-Ekun said the media plays an invaluable role in the society, particularly in fostering public understanding of judicial processes, adding that while the judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“Together, these institutions provide checks and balances that strengthen the fabric of democracy. As Felix Frankfurter, a former United States Supreme Court Justice, aptly stated, ‘A free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society’, the CJN said, noting that, the “dynamic interdependence between the judiciary and the media presents opportunities and challenges alike. While the media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work”.
While pointing out that journalists have the responsibility to report truthfully, fairly, and objectively, the CJN alleged that commercialization of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
The CJN, who was represented by the Secretary of the National Judicial Institute (NJI), Abdullaziz Olumo noted that while the judiciary serves as the guardian of justice, equity and the rule of law, the media act as the conscience of the society, dissenting information shaping public opinion and ensuring accountability.
According to her, sensationalized headlines, such as the infamous 2016 headline, “We raided the houses of ‘corrupt, unholy’ judges, says DSS” can paint a skewed picture of the judiciary and its officers, saying such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals. A classic example is the United States case of Sheppard v. Maxwell (1954), where extensive media coverage not only prejudiced the trial but also compelled the U.S. Supreme Court to overturn the conviction due to the denial of a fair trial. This case highlights the profound implications of media interference in judicial processes and underscores the need for journalists to uphold the principles of fairness and impartiality” Kekere-Ekun admonished.
She held that the judiciary and the media must work as partners in progress, calling for constructive engagement and mutual understanding in bridging any gap between the institutions.
According to her, “courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings. Globally, courts have adopted initiatives to support media’s role in reporting judicial matters. For instance, the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the United Kingdom’s Media Guidance document provides clarity on access and etiquette for journalists. These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape. This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported.
‘Judiciary must rescue itself’
Earlier in his keynote address, rights lawyer, Mike Ozekhome, SAN said the legal profession is key to the existence of a stable society and charged the judiciary to live up to expectations in ensuring that its judgements reflect justice and not on technicalities.
Speaking on the theme of the conference, “The role of courts in enforcement of judgements”, the professor of Law said judgment of court must be obeyed until set aside by a higher court and pointed out that the courts hold the balance of scale between feuding parties, otherwise, there may be chaos in the country.
Ozekhome warned lawyers against meeting judges to ask for help in cases before them, saying lawyers are supposed to argue their case in court, even as he admonished judges to allow lawyers to argue their cases.
“Lawyers should be allowed to draw the attention of judges to salient points in their processes instead of asking them to just adopt their processes without an opportunity to adumbrate”, the senior advocate said.
Worried by the way and manner judges are castigated, Ozekhome said the judiciary must rescue itself, while urging judicial officers to see their roles as sacred responsibilities which must not be associated with misconduct.
According to him, the time has now come for judges to form an association so that they can defend themselves in some of the unfounded allegations leveled against them.
He said: “If you are dissatisfied with a judgment, go on appeal rather than writing petitions to scandalise the names of judges, who have wives or husbands, they have children, they have relations. The Judiciary must rescue itself. Judges must eschew corruption in whatever form, by whatever name, however beautifully dressed in royal garment, so that when we are defending them, we will be on sure footed ground.
“There is a difference between criticising a court for a judgment delivered and going for the jugular of the judge in his personal capacity, a man or woman who cannot defend his or herself.’
He however cautioned against the practice where judges who are promoted, engage in open celebration that accommodate politically-exposed persons, whose presence could convey wrong signal to members of the public.
The Chief Judge of the Federal High Court, Justice John Tsoho, in his speech, commended the media for its ability to communicate court’s proceedings and decisions to members of the public. He however called for fairness and accuracy in media reports of court’s dealings to avert cases of misrepresentation.
NAJUC boss tasks NBA
In his welcome address, the chairman of the judiciary correspondents, Abuja chapter, Mr Kayode Lawal said, the Supreme Court judgment on local government financial autonomy was incisive and well-researched and has brought a new lease of life to the third tier of government in the country.
The NAJUC chairman said the theme of the conference, along with other sub-themes, were carefully chosen as Nigerians are expecting a turnaround from the outcome of the Supreme Court judgment.
Lawal expressed discomfort about what he described as the ugly trend of conflicting judgments and orders by courts of coordinate jurisdictions, saying it is worrisome, sad and regrettable that the ugly development has continued unhindered in spite of warnings from several quarters.
“More worrisome is the fact that there is the general perception that public confidence in the nation’s justice delivery has continued to wane in view of some untoward conduct of lawyers and judges. It has become the practice for some lawyers to take frivolous matters before courts, conceal facts deliberately to mislead the court and when they get what they wanted through forum shopping, the same lawyers, would turn around, castigating the bench. We believe, this is an unfair practice and must be stopped.
“We implore the current leadership of the Bar under Mazi Afam Osigwe, SAN, to please, look at the direction of sanitizing the practice of law in this country. The roles of the judiciary are so sensitive that the institution must not be allowed to be polluted. The effects would be too devastating to the general development of this country. A word is enough for the wise” he warned.
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