The court is the branch of government that is least democratic, according to Olisa Agbakoba (SAN), a former president of the Nigerian Bar Association (NBA).
Agbakoba made this statement in response to retired Justice Musa Dattijo Muhammad’s remarks during his farewell event, which was held in Abuja on Friday of last week.
In an interview with Arise News on Monday, Agbakoba stated that in order to solve the deterioration in Nigeria’s legal system, the National legal Council (NJC) must take heed of the issues brought up by Justice Dattijo.
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Agbakoba further underlined that Dattijo’s statement addressed the anomalies of the office itself rather than criticising Olukayode Ariwoola, the Chief Justice of Nigeria, in any way.
He said: “He really wasn’t attacking the current CJN. He was referring more to the institutional lapses that have occurred over the last God knows how long now.”
Agbakoba said that corruption was a long-standing problem because Justice Samson Uwaifo had also brought it up in his 2004 valedictory speech, in addition to Dattijo’s speech.
“I think what lessons we should draw from what Justice Dattijo had said is to implement a report that was put together by the, in my view, perhaps the most reformist CJN in Nigeria, that is, the late Justice Dahiru Mustapha. If this report is implemented, it will take care of all the issues.
“Of the three arms of government- the executive, the legislature, and the judiciary, the most undemocratic is actually the judiciary, so that’s where the problem is. So, what I would recommend to the current NJC is to have a very good look at the report, update it, and absolutely remove the powers of the CJN to be everywhere.
“The difference between a judge of the high court and the CJN is like God in heaven and somebody on earth. We need to really really take the opportunity of the lesson I think Dattijo Muhammed’s valedictory- which has been the most candid- has given us. It’s to understand where we are in the judiciary, and if we want to reverse judicial failure, then the current NJC must implement it.
“The problem with judges is that they have no clue as to judicial administration versus administration of justice,” he said.
The senior lawyer also asked the judiciary to work on the issues raised by Dattijo otherwise, the “judiciary is going to go downhill.”
He said: “Public opinion of the judiciary is at its lowest ebb, and I think that this is something that the judiciary ought to take very seriously. They ought to take the points made by Justice Dattijo Mohammed extremely seriously.”
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