Hello blurt friends, I am still your newbie and comedian from the east of Nigeria.
Today I want to use the above video to talk about the role of the judiciary in our society.
I will be using the Nigerian law as my reference because that is where lies my professionalism and practice currently.
A court is any person or institution, often as a government institution, with the authority to adjudicate Legal dispute between parties and carry out the administration matters in accordance with the rule of justice. The court is an enclosed place, also denotes the chamber, halt, building, or other place where judicial proceedings are held. There are three organs of government which are the legislature, the executive and the judiciary.
Section 4 subsection 1 of the 1999 constitution of the Federal Republic of Nigeria vest the legislative powers in the National Assembly. Section 5 subsection 1 subsection (a) of the 1999 constitution vest the executive powers in the president. While section 6 subsection 1 provides that the judicial powers of the federation shall be vested in the courts to which this section relates, being courts establishment for the federation.
The executive and the legislative have elected members, while the judiciary has no elected members. The magistrates and judges in the judiciary are appointed based on merit. The doctrine of separation of powers is a cardinal feature of a democratic government.
This doctrine was introduced by a French political philosopher, Baron de Montesquieu for the protection of people from dictatorship. No arm of government exploits its powers without the scrutiny of the other arms.
The black’s law dictionary, 8th edition defined the judiciary as “the branch of government responsible for interpreting the laws and administering justice “. In Nigeria, the powers of the judiciary to interpret laws and administer justice are vested in the courts. Section 6 subsection 5, appendix (a)(i) of the 1999 constitution listed the courts established by the constitution for the federation and for the states.
These courts are also referred to as superior courts of record and in order of hierarchy. They are listed as follows: The supreme court of Nigeria ;The court of appeal;The federal high court ;The high court of the federal capital territory, Abuja, A high court of state; the Sharia court of appeal of the federal capital territory, Abuja; A Sharia court of appeal of a state ; the customary court of appeal of the federal capital territory, Abuja; A customary court of appeal of a state ;Such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which the national assembly may make laws; & such other courts as may be authorized by laws to exercise jurisdiction at first instance or on appeal on matters with respect to which a house of Assembly may make Laws.
In both common laws and civil law legal systems. *The Court is a central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. The system of courts that interprets and applies the laws is collectively known as the judiciary.
The place where a court sits is known as a venue. The room where a court proceeding occurs is known as a courtroom, and the building as a court house. The practical authority given to the court is known as its jurisdiction; that is the court’s power to decide certain kinds of questions or petitions put to it.
The court is constituted by a minimum of three parties; the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for an alleged offence, and to judex or judiciary power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It’s also usual in the superior courts to have barristers, and attorneys or counsel as assistants, though often courts consist of additional barristers, bailiffs, repartees and perhaps a jury.
The term “The court” is also used to refer to the presiding officer or officials usually one or more judges. The judges or panel of judges may also be collectively referred to as “the branch” while the attorneys and barristers collectively referred to as “The bar”.
Generally, the court is regarded as the last hope of the common man, but I address the court as “The Refuge of the Common Man”. The courts or judges as interpreters of the law and arbiters of disputes have a unique role in the protection of human rights. Ideally, the courts are fundamental cornerstone of democracy and protection of human rights. Kayode Eso ‘Justice of the supreme court’ "as he then was" opined: “there is no justification for the defense of the citizen, for the citizen to put his views across with all potency, for him to want his feelings, and his success in the public, for him to feel and breath the air of freedom around him”. This presupposes that the court is the only place the common man can get justice. Where dispute arise, and parties can not settle it as between themselves ,their kinsmen or mediators, resort to the honorable court as not to twist the truth or fabricate facts, but is to interpret the law for the purpose of justice .
In the Administration of justice , the court is the threshold of justice , and justice alone .This is why the common man has always deemed it fit and appropriate breading to the court of law to seek for justice where there is any wrong done to him to both the common and uncommon man , the court is like a holy sanctuary ; Dr Haburk Manson opined “Magistrate and judges are twin younger brothers to Jesus Christ fathered by the Almighty God” The Bench which comprises the Magistrate and the judges are also referred to as the Temple of Justice . It is the umpire of the society.
The legal practitioners are not members of the bench ,but the bench is their constituency as they are ministers in the Temple of justice . The Bar and the bench constitute the legal profession .its only the court that is empowered to pronounce an accused person death under the law and it occurs after a full trial of the accused person and he is found guilty. Extra judicial killing have no place under the Nigerian law.
The court is established and designed to function as a corruption free institution and an unbiased arbiter of justice . If you visit the court premises, the moulded object designed in a form of a woman whose eyes are tied or blindfolded , holding a scale of justice in her left hand , and a sword of justice by her right hand is referred to as the Lady Justice and it also stands as the symbol of justice in the judiciary . The blindfolded eyes signifies that the law is blind and is no respecter of any person. And she strikes with the sword of justice upon the side the scale of justices tilt.
The chairman , presidential Advisory Committee against corruption , professor Sagay (SAN) opined that “ Judges who are corrupt have destroyed the judiciary and noting is too much for their punishment" . Hon. Justice Sampson Uwaifo in condemning corruption in the judiciary stated that “A corrupt judge is more harmful than a man who runs Amok with dagger in a crowded street".
The holy bible in Leviticus 19:15 advices the judges thus: “Do not prevent justice, do not show partiality to the poor or favoritism to the great, but judge you neighbor fairly. The book of Deuteronomy 16:18-20 directs as follows:“appoint judges and officials who shall judge the people fairly. Do not accept a bribe, for a bribe blinds the eyes of the wise and twist the words of the innocent. Follow justice and justice alone.
Hon justice Muhmudmoha Mohammed in swearing in of two justice of the Supreme Court on the 7th day of Nov 2016, enjoined the Justices thus “you must remain blind to personality and status, and remain the hope of all men whether common or uncommon". Where magistrate or judge appreciates personalities and not the facts and the law, he has abdicated the responsibility of being a magistrate or a judge to decide a matter in accordance with the rule of law.An independent, transparent, and accountable judiciary is a cornerstone to the rule of law and a democratic state.
The court is like a holy sanctuary to the common man where he believes he can seek his freedom from the oppression of the highly influential and mighty in the society as the judiciary is traditionally believed to possess the traits of justice, equity and fair play. Judge Sanjimonagena, a serving judge in the international court and who has been a member of the Africa Commission on Human and People's rights since 2003 opined that “the effectiveness of any judiciary depends upon its perceived legitimacy , especially in the eyes of the public . This perception requires not only that the judge uphold the highest standards of integrity and independent , but also the state respects judicial independence and do not undermine judicial decisions. Where a commoner cannot get justice in the court , the judiciary will be a disaster , and the society will definitely suffer it .
To this end, it is credible news and a plus to our judicial system that since 1963 to date, Nigeria has been immensely blessed with men and women of honour on the bench. Their land mark – judgments are replete with uncommon legal wisdom and erudition as evident in the law reports. However just as Zeus Matthias rightly observed that crime is inevitable. Among the twelve apostles, Judas Iscariot will always emerge . From the records , only a few of magistrate and the judges have been shown the way out of the bench for an act of judicial misconduct . It is also in respect to the fight against corruption in the legal profession that led the establishment of certain enabling laws such as the Rules of Professional Conduct 2007 , and the Legal Practioners Act , cap L11, FN 2004 to regulate the conduct of legal practitioners in Nigeria.
Section 1 of the Rules of Professional Conduct (R.P.C) 2007, provides that a lawyer shall uphold an observe the rule of law to promote and foster the course of justice , maintain a high standard of professional conduct , and shall not engage in any conduct which is unbecoming of a legal practitioner .
Section 10(1) of the Legal Practioner Act, LFN 2004, Provides for the establishment of the legal practioner Disciplinary committee (L.P.D.) for the consideration and determination of complaints brought against legal practioner. Every individual has a right which is enforceable upon violation by another. As a human and a citizen of Nigeria , there are certain inalienable rights given back up and absolute protection by the constitution . These right are as provide in section 33 – 46 of the 1999 constitutions of the Federal Republic of Nigeria.
Finally and most importantly, obedience of court orders is necessary for law and order to reign. Wali JSC Opined In the case of Ezekiel-Hart VS. Ezekiel-Hart (1990) 1 NWLR pt.126 that “to allow court orders to be disobeyed would be to tread the road towards anarchy. If orders of court can be treated with disrespect, the whole administration of justice is brought to scorn… if the remedies that the courts grant to correct wrongs can be ignored, then there will be nothing left for each person but to take the law into his own hands. Loss of respect for the courts will quickly result in the destruction of our society. ‘The courts are a forum for the hearin, adjudication and reconciliation of the legal rights and duties of parties.
It is an important institution of government for the maintenance of law and order in a country. However, for the courts to perform its duty of administration of justice, obedience of court rulings, judge ministration and orders of court by all persons and governments is necessary and that is the only way law, order and peace can be maintained. Civilization is the acceptance and observance of rule of law and rights and duties. Rule of law is the acceptance and observance of regular law, or civil laws, rights and duties. Without law and the acceptance of rights and duties, civilization would probably collapse and grind to a halt. No person, body, institution, or government should lend itself to frustrate and nullify the judgment and orders of court. An order of court must be obeyed, even if such an order is perverse, until such a time that the order is set aside by a competent court.
Barr. Nzeako Princewill O. (Author)
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