*Says The Judiciary Cannot Fight For Itself, But That It Is The Bar That Can
*Says The NBA could have done more
*The NBA Was Divided On partisan Lines
* Says you want to clear the prisons, you need a minimum of one hundred judges in a state
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Chairman, Conference Planning Committee, NBA Session on Public Interest and Development Law who was the former First Vice President of the NBA, and Former Chairman, NBA Human Rights Institute, Ikeazor Akaraiwe, has said that the removal of Onnoghen by the Code of Conduct Tribunal (CCT) remains illegality.
Mr. Akaraiwe made this statement whilst speaking on the topic, “Judiciary, Democracy, and Human Rights”, on Channels TV’s Sunrise Daily. Speaking on whether there is there a difference between a judicial officer who is a public officer and a mere public officer, he said that the CCT has the power to look into anybody in public office and that include the justices. He noted that the contention on the distinction between public officers and judicial officers is a bit superfluous. Rather his view is that the CCT has the power to determine whether a public officer has declared his assets in line with the law. He added that the question is whether the CCT did not over-rich itself in the Onnoghen case, and in his opinion, he would say that they did, because they removed him. He stated further that constitutionally, it is the NJC that would have recommended his removal, and it is the Senate that can remove him. But the Senate was robbed of their powers.
Responding to the position of Senator Abaribe which is that the NBA has failed, he said that the Judiciary did not fail. He is of the opinion that the Judiciary cannot fight for itself, but that it is the Bar that can. He accepted the fact that the NBA could have done more.
“The NBA failed to exercise itself as much as it should. The bar was divided on partisan line. But what did the Senate do on the matter? If the president acted unconstitutionally, what is the duty of the senate? The Law is that the Senate has the power to impeach him – even if the process will fail, it should have made a statement. But yes, the Bar could have done more, and I would like to know why it didn’t do more,” he said.
Speaking further, he said that Paul Usoro, SAN, has done well in a lot of respect, but, he has not been as activist as other past presidents. According to him, he sees it in two folds: one, the regime of the person in office is dependent on the attitude of the president, stressing that, some are more activist than others, while others are more managerial. Secondly, there is a court case on the President’s neck.
“NBA needs to build institutions irrespective of the temperament of the president. The Human Rights Institute is only on paper, it is no longer active. NBA needs to strengthen institutions. The Judiciary is traditionally defined. It does not lack the bite to give judgments; it instead lacks the bite to defend itself.
“If you accuse a judge of corruption, he can’t address the press; it is the bar that will do it for him. I have problem with all due respect to Femi Falana’s view. You cannot say because you found millions of dollars in a judge’s account, that he is a corrupt man,” he added.
He also said that the Bar is not divided against itself but that where two or three lawyers are gathered, there are two or three opinions. He stressed that it is the duty of the executive of the NBA to collate all views and have a stand.
Speaking on prison congestion, he said that it is the failure of the executive and not the bar. According to him, if you want to clear the prisons, you need a minimum of one hundred judges in a state. He noted that the Legislature is not willing to deal with that, especially, lawyers in the legislative arm of government.
“Lawyers in the National Assembly have failed us. There is a problem with lawyers when they get into office. I wonder why. Some of them are lawyers but have not practiced the law,” he said.
He also advised that the public should not shut their eyes to the infraction of lawyers, adding that they should report matters to the NBA. He, however, said that the NBA has done a lot. Also, he said that NBA needs to recalibrate, and the amendment of the NBA Constitution will achieve that.
Speaking on the theme of the NBA Conference, he emphasized on the global relevance of E-lawyering. He advised law lawyers not to expect rewards at their early stage of practice.
“If you are coming into law practice, prepare for one thing, that early law practice has little or no financial reward. Unless you are a child of a rich person or your parent is a lawyer. I advise young lawyers to give themselves to practice. They should not expect financial reward early, it’s everywhere, even in the UK,” he said.
“Nigeria’s current state is dissolution of many generations, but the last administration did not show us the capacity, and insert to take us to the next level. With few exceptions, the ministers are discouraging.
“To me, Obasanjo is the most successful leader Nigeria has ever had till date. What was his trick? We had new names for the first time. We say that the country needs restructuring. Even the states are not doing well,” he said while speaking on what could be the agenda of the country
He also advised the Attorney-General of the Federation, Abubakar Malami, SAN, that rule of law should not be subjected to National Interest because the same is a subjected phrase which will change from one head of state to the other.
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