It has been the attitude of some Nigerians to always lay ambush and or siege on the home or personality of judicial officers for performing their constitutional duties. This attitude is condemned by this paper and it is my respectful submission that this attitude is not only unlawful but also criminal, hence, the humble advice for Nigerians to desist from such unlawful and criminal conduct.
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The judicial functions and powers of judicial officers or the judiciary is codified in section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)-herein after referred to as the Constitution and section 287 of the Constitution which provides thus ‘287.—(1) The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court. (2) The decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Court of Appeal. (3) The decisions of the Federal High Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts, respectively.’. Also, by section 1 of the Constitution, the Constitution is supreme and binds all persons and authorities in Nigeria, where it provides thus ‘1.—(1) This Constitution is Supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. (2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution. (3) If any other Law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other Law shall to the extent of the inconsistency be void.’. From the above provisions of the Constitution, in my humble view, the attitude of some persons laying siege and ambush on the judicial officers for performing their constitutional duties to the nation becomes unlawful (without the need to cite any judicial precedent to support the validity of any decision of a court of law that is not appealed against or that is not set aside yet either by the same court (where the law allows) or by an appellate court). Therefore, I humbly further submit that laying such siege and ambush amounts to laying siege and ambush on the judiciary, the Constitution and democracy and same shall therefore to the extent of the inconsistency with the Constitution be void, since by section 14(1) of the Constitution, it is provided thus ‘The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.’. So, the position that I have maintained about the unlawful nature of laying siege and ambush on the judicial officers is clear and is hereby resolved.
Furthermore, it is my humble view that such attitude of laying siege and ambush on the judicial officers is criminal is also clear on the fact that such laying of siege and ambush is a threat to the life and property as well as to the family of those judicial officers, which ought to be investigated by the appropriate law enforcement agencies of government (the executive arm of government) to defend the judiciary. Much more so, care must be taken to the effect and consequence that assuming those judicial officers as a result of the threat, refuse to perform their judicial roles, especially, as the last hope of the common man, then, the result cannot be imagined as chaos, lawlessness, oppression of the highest order, criminalities, arbitrary arrest and detention, etc. shall prevail and then, the center shall not be able to hold. Therefore, I humbly call upon the law enforcement agencies of government to investigate some of these attitudes of laying siege and ambush on the homes and personalities of judicial officers by some perosns and to bring whosoever is found culpable of any allegeable crime to prosecution. It is the position of law and based on democracy that when two parties are involved in litigation, one must definitely win or both lose but both cannot (definitely) win. Also, judges are human no matter the presumption of their office as honourable. They are fallible and could make errors. Therefore, the fact that the decision is not in favour of a party whether politically involved or not, to then gather either by himself or with the help of some thugs, to lay siege on the judiciary and the judicial officers and their homes and property is really unacceptable!
Therefore, I join voice with those voices against any attempt or act of laying siege and ambush on the homes, property and personality of those judicial officers to rebuke and to reject such attitude. We should also join voices against corruption in the judiciary and that any judicial officer found culpable should be shown his way out of the system.
Finally, it is my humble belief that the government shall take all necessary steps to protect the judiciary, the judicial officers, their property and their family from any unimaginable and imaginable siege, attack and ambush in the interest of justice, fairness, democracy and constitutional supremacy. More so, the judicial officers should be protected so that they can perform always, their roles without fear or favour!
Email: hameed_ajibola@yahoo.com
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