A Cry for Order in the Judiciary & the Legislature

The Nigerian arms of Government are failing. In some social circles they would describe Nigeria as a failing State. Why? Because again it seems to be falling short of the basic conditions and responsibilities of a sovereign government.

I am particularly interested in the Legislature and the Judiciary. Taking the judiciary first, I am of the opinion that this arm of government lacks the will to hold government accountable.

Take for instance the ongoing Saraki Trial that has captured the attention of young lawyers around the country.

Garnishee Proceedings vs Application for Stay of Execution; The position of the law

Recently, a Judge of a federal superior court of record was booted out by the judicial authorities. Amongst the grounds for his removal as reported, was “that the Judge continued with the garnishee proceedings despite application for stay of execution…” see it Here

The Law & Literature Movement

One of the reasons that I love to read law cases is the language of the judges; the poetry delivered by judges in some decisions is worthy of literary recognition. And it is a good thing that we do recognise them. I know that there is a book of quotations from the judgments of notable Nigerian judges somewhere in my library and it is fun to sit back and get lost in their rhetoric.

One of the beauties of being in a Common Law legal system (as opposed to a Civil Law system) for me is the principle of stare decisis (let the decision stand), where decisions of a higher court must be followed by judges of lower courts in deciding matters with similar facts. Judges in lower courts must follow these decisions no matter how unfair, unjust, or ridiculous they may think the decision is. This part of it is not exactly what I find beautiful, but it leads to it. Because judges in subsequent matters must follow the rules and legal principles set down in what are called deciding cases, it is important that these cases are accurately reported.

Insight: Francis Atuche’s discharge

The recent discharge, on technical grounds, of Mr. Francis Atuche, former Managing Director of Bank PHB, bodes ill for the justice system and for the nation as a whole.

Mr. Atuche was facing a N25.7 billion, 27-count charge of stealing and conspiracy at the Lagos High Court. Also charged with him was his wife, Elizabeth, and Mr. Ugo Anyanwu, a former Chief Financial Officer of Bank PHB. The presiding judge, Justice Lateef Lawal-Akapo, ruled that the charges brought by the Economic and Financial Crimes Commission (EFCC) lacked merit.

The judge claimed that the court was bound by rulings of the Court of Appeal in similar cases involving Messrs Okey Nwosu and Erastus Akingbola, where charges brought had been struck out owing to lack of jurisdiction. The appellate court had ruled that criminal cases involving the capital market were the exclusive jurisdiction of the Federal High Court.