In Nigeria, the spate of State Governors gifting cars to State Judges and Magistrates continues to leave us in a situation to necessarily revisit this scourge. To mention but a few, on:
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- Monday, 17th February 2020: Governor of Kaduna State, Mallam Nasiru El-Rufai gifted 24 Toyota Forerunners to State Judges
- Thursday, 14th May 2020: Governor of Imo State, Senator Hope Uzodimma gifted 20 SUV vehicles to Judges in Imo State.
- Tuesday, 23rd day of July 2019 Governor Nyemson Wike gives cars to Magistrates in Rivers State
- Wednesday, 25th September 2019 Ondo Presents 20 new SUVs vehicles to Judges
Conversely, the above situation proves the helpless state of the Judiciary when the former Chief Judge of Anambra State, Hon. Justice Peter Umeadi on 26th June, 2015 gifted Cars to new Magistrates. The Chief Registrar of the Anambra State High Court, Mrs. Doris Ezeani in her welcome address at the occasion opined that it was the first time the Judiciary:
“took absolute charge of its own affairs following the financial autonomy recently granted the judiciary by the Executive Governor of Anambra State, Willie Obiano to whom we owe much gratitude.”
Surprisingly, the above trends further call into attention the actual place of the Judiciary in the Nigerian 1999 Constitution vis a vis that of the Executive Arm of Government. Are they actually on the same pedestal?
The Constitution vide Sections 4, 5 & 6 clearly provides for the principle of separation of power between the Executive, Legislature & Judiciary.
Therefore, no arm of the Government should or be expected to be at the mercy of the other. Most particularly, that sublime arm called “Judiciary”. Put differently, the three arms are on the same pedestal. This reminds us of the eloquent words of Per Belgore, JSC (as he then was) in the case of A.G. ABIA STATE & ORS v A.G. FEDERATION (2003) LPELR – 610 (SC) 23 – 24, paras E – A, where the Supreme Court held:
“The principle behind the concept of separation of powers is that none of the three Arms of Government under the Constitution should encroach into the powers of the other. Each arm – the Executive, Legislative and Judicial – is separate, equal and of the coordinate department and no arm can constitutionally take over the functions clearly assigned to the other. Thus the powers and functions constitutionally entrusted to each arm cannot be encroached upon by the other. The doctrine is to promote efficiency in governance by precluding the exercise of arbitrary power by all the arms and thus prevent friction.”
Besides, it is sadly unfortunate to note in Ondo State that prior to the Judges being presented cars by the State Governor, according to online ThisDayLive publication of 25th September, 2019 at 4:32 pm, it stated thus:
“It was learnt that the vehicles the judges were using before the presentation of the new set were procured for them over 10 years ago and had been causing embarrassment for the judges.”
This demeaning situation reminds us of the 1925 address of Charles Evans Hughes in a Presidential Address to the American Bar Association where he stated that:
“A poor judge is perhaps, the most wasteful indulgence of the community. You can refuse to patronize a merchant who does not carry good stock, but you have no recourse if you are haled before a judge whose mental or moral goods are inferior. An honest, high minded, able and fearless judge is the most valuable servant of democracy, for he illuminate justice as he interprets and applies the law, as he makes clear the benefits and the short comings of the standards of individual and community rights among a free people”
Be it to be noted that although a Judge should be entitled to a comfortable standard of living in accordance with the global standard and we must add that on no account should extravagancies be encouraged in the life of a Judge as it merely encourages corruption.
Hon. Justice Oputa(JSC) (as he then was) reminds us that:
“… No one should go to the bench to amass wealth, for money corrupts and pollutes not only the channels of justice but also the very stream itself. It is a calamity to have a corrupt judge. The passing away of a great advocate does not pose such public danger as the appearance of a corrupt judge on the bench, for in the latter instance, the public interest is bound to suffer and elegant justice is mocked, debased, depreciated and auctioned. When justice is bought and sold, there is no more hope for society. What our society need is an honest, trusted and trustworthy Judiciary”.
However, we strongly submit that the continued bane of State Governors presenting cars to Judges is not only demeaning but capable of eroding the confidence reposed in the Judiciary by the ordinary man on the street. Afterall, his opinion matters a lot to the sustenance of public confidence in the administration of justice. Lord Hewart’s celebrated dictum is: “Justice must not only be done, but must also be seen to be done” {R v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256, 259}.
Furthermore, Dr. Akinola Aguda, reminds us in his 1983 ‘The judiciary in the government of Nigeria’, where he stated that:
“It is beyond dispute that to sustain a democracy in the modern world, an independent, impartial and upright Judiciary is a necessity”
Thus, we are afraid that if this continuous presentation of cars to Judges by Governors does not stop or the National Judicial Council (NJC) wades in on time to prevent a reoccurrence, to borrow the words of Justice Oputa JSC(as he then was), “towards justice with a human face” in Nigeria would forever remain an illusion to a common man who has a pending matter before a Judge today, against a Governor who has just gifted an exotic car to His Lordship yesterday!
What Then Is The Way Forward?
- Section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 (Fourth Alteration, No.4) Act, 2017 ACT No.7, and the recent Presidential Executive Order No. 00-10 of 2020 granting State Judiciary & Legislature Autonomy should be a convenient starting point ending this scourge. Therefore, all arms of Government are independent and must necessarily ‘gift cars internally and independently’, if need be.
- The National Judicial Council (NJC) should rise above board and issue a clear policy direction on the present ugly trend. Mandating non acceptance of such gifts henceforth.
- Provision of comfortable standard of living and adequate allowances for Judges to such an extent that no Judge would expect and have the inclination to decline gifted cars.
TheNigeriaLawyer Editorial
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