The Nigerian Bar Association has expressed dismay at the recurring trend of contradictory court decisions and orders, especially among courts of coordinate jurisdiction, typically arising from ex parte applications and almost always in political matters, describing it as unfortunate.
In a statement on Monday, August 30, 2021, the NBA President, Olumide Akpata, said that while the Nigerian judiciary had made invaluable contributions to the development of the country in the past, there had been past failings also, “which would hopefully remain permanently interred in the dark annals of history.”
He stated further: “It is in this regard that we view with concern the recurring contradictory decisions by our courts, based on apparently indiscriminate grant of orders and counter-orders, in a way that evokes memories of those eerie and unwanted dark days.
“We must of necessity reference the orders relating to the nomination of candidates by political parties for the forthcoming gubernatorial elections in Anambra State and the equally embarrassing situation playing out in respect of the PDP leadership crisis that has seen three different contradictory rulings by courts of coordinate jurisdiction, in circumstances that leave a lot to be desired.”
Akpata pointed out that the developments in the courts are antithetical to the actualisation of the just society and independent judiciary that all aspire to, and run contrary to everything being taught and held dear as a profession.
“Indeed, they do nothing but bring the judiciary and the entire system of administration of justice to ridicule,” he added.
The NBA President urged all lawyers to first look inwards and call out members, most of whom are senior members of the Bar, and who continue to yield themselves to be used as willing tools by politicians to abuse the judicial process, before blame would be laid on the doorsteps of judges.
“In our view, these actions contravene the Rules of Professional Conduct for Legal Practitioners 2007 (“RPC”), especially the cardinal Rule 1 of the RPC which requires a lawyer to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.
“We also concur with the Hon. Justice Chioma Nwosu-Iheme of the Court of Appeal in her condemnation of the indulgence by some judicial officers of politicians who go round the country shopping for judgements, and who thereby bring the Judiciary to public ridicule. Beyond that we shall say no more at this time,” he said further.
On behalf of the NBA, Akpata appealed to the Chief Justice of Nigeria, with the support of the Chairman of the NBA Judiciary Committee, Dr. Babatunde Ajibade, SAN, as well as the Chairpersons of the NBA Section of Legal Practice (NBA-SLP) and NBA Section on Public Interest and Development Law (NBA-SPIDEL), Mr. Oluwaseun Abimbola, SAN and Dr. Monday Ubani, to address the issue holistically for the proposed engagement.
“The NBA, as the prime defender of the integrity and independence of the Judiciary, cannot and will not be a spectator whilst our hard-earned democracy is threatened by the venal acts of a few. This is particularly so as the nation approaches its next round of general elections. It can no longer be business as usual,” he concluded.
