Governors’ Gifts to Judges Demeaning, Compromise Judicial Independence — NBA President, Osigwe Warns

The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has described as demeaning the public donation of cars and houses to judges by governors, who sometimes boast about the gesture.

The NBA president, who made the observation during a television interview, pointed out that the official needs of the judiciary should be budgeted for and not subjected to the control of governors.

Responding to the issue of perceived executive influence on the judiciary, especially at the state level, the senior lawyer expressed concern over the attitude of some governors who feel they are doing the judiciary a favour when some things are given or done.

“Oftentimes, it’s annoying seeing some governors talk about how, ‘Oh, I give cars to my judges, ’ or even invite the judges and do a public presentation of vehicles or some other material to members of the judiciary.

“We believe it’s demeaning and ought not to be. The judiciary should be an independent part of government and should not be demeaned or reduced to a point where members of the judiciary should be given handouts as if a favour was being done to them,” he said.

The NBA president argued that it would be very difficult to convince any person that a judiciary that finds itself in such a situation is independent.

While stating that it may be possible, Osigwe noted that there would always be that perception that the judiciary is at the beck and call of the executive, and that the executive will always bend them to their will; “otherwise, those handouts will cease”.

As a solution, he suggested that monies or anything needed by the judiciary, be it vehicles, courtrooms, or other infrastructural needs, be budgeted for in the judiciary budget, and the judiciary be allowed to execute them.

“Nobody should give the excuse that unless the executive does it for them, the money will be embezzled, or they are not trained to handle it. That is why there are professionals employed in the judiciary to handle these things”, he said.

Osigwe also warned the executive against emasculating the judiciary – reducing them to a ‘weeping boy’, or a beggar, and condemned a situation where a Chief Judge continually visits the office of the governor to beg for releases to be made to them.

“Happily, it is not so at the federal level, and we think the states should, as a matter of urgency, if they haven’t done so, they should do so. Justice is rooted in confidence, and the day that confidence is eroded, or seems to be gone, the people’s confidence in the judiciary’s ability will forever be eroded.”

Speaking on the ₦300 million controversy involving the Rivers State Sole Administrator, Ibok-Ete Ekwe Ibas, and the NBA, Osigwe, clarified that “the money was not for any hosting rights”, adding that the conference, which was moved from Rivers State, commences in Enugu State next week.

He appealed to Nigerians to refrain from making sweeping statements against lawyers and judges, noting that efforts are on to rid the profession of bad eggs.

“We are working with all relevant agencies like the EFCC and the ICPC to see the best we can do to ensure that there is integrity in our profession and that lawyers are part of the global fight against money laundering, against terrorism financing, and other financial crimes,” Osigwe added.