*Hon. Justice Ali Gumel, Justice, Ebiowei Tobi, Samuel Atung SAN and Dr. Abubakar A. Ahmad Agree That Judiciary Must Be In Step With The Society In Which It Operates

At the ongoing annual summit on the Nigerian Bar Association Section on Legal Practice, the issue of divergent judicial positions on like subjects easily referred to as judicial inconsistency came up for deliberation in one of the panel sessions.

The topic comes as a fallout of amplified hummed voices to observed inconsistencies in judicial pronouncements across courts in the country.

Present at the panel session to dissect the subject were Hon. Justice Ali Gumel of the Court of Appeal, Hon Justice, Ebiowei Tobi also of the Court of Appeal, the current Chairman of the Public Interest and Litigation Committee at the NBA Kaduna Branch, Samuel Atung SAN, Dr. Abubakar A. Ahmad, a Senior Lecturer in Private & Commercial Law at the Bayero University in Kano

The panel exhaustively contributed to topic from various viewpoints including: the standards for appointing judges; charges of corruption involving judges, justices, and other members of the judiciary; prejudice (whether real or perceived) towards one or more sides in a particular dispute; and the need to conform court decisions to the views expressed in the media and on social media.

With respect to the inconsistency is judicial decisions, the panel had the task of analyzing whether it is a negative trend – or, as suggested in some quarters, a sign of the judiciary’s dynamism in the face of an evolving society – a number of panelists were of the view that while the judiciary must be in step with the society in which it operates, it must be guided always by values which are timeless. As one of the panelists put it, better a bad law operated by good men than a good law operated by bad men.

The panel also considered the advocacy in some quarters for a code of conduct for the Bench to ensure consistent decision-making by the courts. The prevailing view on this was that the National Judicial Council must be empowered to rise up to its mandate in this regard, that is, to ensure sanity in the nation’s jurisprudence.

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