– Blames Stakeholders in Justice Sector For Prison Congestion
– Urges Magistrates To Be Proactive In Bail Arrangements
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Retired judge of the Federal High Court, Justice Taiwo Taiwo, has described the arrest and conviction of former Deputy President of the Senate, Ike Ekweremadu, as obtainable in Nigeria, regardless of his political and social influence.
Justice Taiwo who made his opinion known during a media parley with The Punch, following the sentencing of the Elder stateman by a British Court for organ trafficking and other sundry offenses noted that ‘sentiment and conjecture have no place in law and…we are not meant to be speculative. If he was charged before a court in Nigeria, where such a law under which he was charged in the UK exists, I do not think his influence would have counted. The law has no respect for anyone.’
According to the Jurist, Ekweremadu still has the option of Appeal, however, his conviction will likely deter persons (Nigerians Inclusive) of his status and rank from engaging in nefarious and clandestine acts.
Speaking on the state of the Nigerian Correctional Centers, Taiwo blamed all stakeholders for overcrowding; insisting that ‘Cases that ought to be tried summarily are delayed and the accused person is sent to prison in custody.’ According to the Jurist, the country should consider liberalizing its bail arrangement, as well as compel magistrates to be more proactive in determining issues relating to personal liberty including to ‘visit prisons to hear summary cases and set free anyone that deserves to be free. Community services rather than jail terms should be encouraged.’
Justice Taiwo who retired from the Federal Bench last year, also used the media session to share his opinion on what can be done to address the continuous disobedience of the Court Order.
“It is very sad that the executive or/and its agencies will treat orders of the court with disdain and flout the same. The law is settled that once an order is made by a court of competent jurisdiction, it must be obeyed until the same is set aside or discharged. The worst scenario is where a final order of a court is disregarded, especially one that has not been appealed against. It is unconstitutional and morally wrong for an order of the court to be disregarded. Unless we want to descend into a state of lawlessness, it is a must that lawful orders be obeyed. What do you expect of the governed, if its leaders treat the court with disdain? Do you expect them to regard the court with respect or take its orders seriously? An orderly society must be governed by laws that are enforced and obeyed by all its citizens, including people holding public offices. This is when a country can make progress politically, economically, and socially.
“No doubt, the international community is bound to take a country and its judiciary as unserious and it is likely to affect the interaction of foreign countries with such a country. The position of any country’s judiciary in its internal and external affairs is very important. Respect for the laws and orders of the courts will no doubt enhance the perception of our country positively.
“I am of the view that no one must think or feel that he or she is above the law and the orders of the courts. Security agencies must be empowered to ensure that the orders of courts are obeyed. The courts must be firm in ensuring that the orders are enforced. Personally, I am of the view that if any entity or person refuses to obey the orders of the courts, that entity or person should not be granted any indulgence until that entity or person complies with the orders of the courts. Lawyers, especially senior lawyers, must ensure that their clients obey the orders of the courts. I am sorry to say this, but some lawyers encourage disobedience of court orders. The Nigerian Bar Association has a role to play in this regard.”
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