The Blame Game Returns As The Judiciary Is Biased Again

The Blame Game Returns As The Judiciary Is Biased Again in what depicts a classical example of judicial reprieve for the elite class.

It is no news that legal respite came the way of the former governor of Abia State and current Chief Whip of the Senate, Orji Uzor Kalu.

The seven-man panel led by Justice Bode Rhodes-Vivour cancelled the entire proceedings that led to Kalu’s condemnation.

The supreme court also ordered the Chief Judge of the Federal High Court to re-assign the charge of the Economic and Financial Crimes Commission (EFCC) to another judge for re-trial.

I read a post that was thought-provoking in the Vanguard, dated May 9, 2020, on this case ; titled: “It’s correct but unfortunate: Reactions to Supreme Court ruling on Orji Uzor Kalu”.

While a Senior Advocate of Nigeria said that taking away the discretion of the court will occasion injustice for very serious cases, a rights advocate said that the constitution is superior to any other law, including the Administration of Criminal Justice Act.

Millions of Nigerians have since been reacting to this.

I dabbled into a comment on a Facebook post blaming the Presidency that President Muhammadu Buhari is the Supreme Court, whenever things go right or wrong.

He chose the attorney general and Minister of Justice. He has every chance to reform the judiciary, so we don’t witness such nonsense again.

The Blame Game Returns As The Judiciary Is Biased Again

Putting On the Objective Lenses

Pardon me as I will be so objective in this epistle.

I ask our people these questions:

Is President Buhari a Supreme Court judge?

If the answer is yes, was he not the Supreme Court in the Bayelsa and Zamfara electoral petitions which favours his opposition?

Was the President exercising an overbearing influence on the Supreme Court in the Imo electoral petition case? So, why now?

We play too much in this clime.

The Supreme Court acted according to the law not minding whoever is involved.

You see, the issue of jurisdiction is sacred and sacrosanct in law.

Once a court acts without it, any judgment therefrom, no matter how brilliantly delivered, must fail.

I stand for the truth and its course to justice.

I’m not in support of Dr Orji Uzor Kalu, his firm, Slok Nigeria Limited and a former Director of Finance in Abia State, Jones Udeogu.

Neither am I defending the presidency without facts.

But, please note this statement as an extract before you crucify the leadership of this country.

Justice Liman was no longer a judge of the Federal High Court at the time (December 5, 2019) he sat and delivered the judgement that convicted the defendants.

According to the Supreme Court, the judge, having been promoted to the Court of Appeal before then, which means he lacked the powers to return to sit as a High Court Judge.

The Supreme Court is correct that a Judge, who has been elevated cannot preside over a case he was handling before his elevation – THIS IS THE LAW.

Another interesting side is how Dr Orji Kalu and his legal team proceeded to the Supreme Court, where he filed an appeal, challenging the decisions of the lower courts. If you are unmindful of the law, it will consume you. How can you open your eyes and allow an unwitting judge to sentence you to 12 years imprisonment just because you want to satisfy and make the populace happy?

What Led to the Development?

Two things, I can deduce from this case are: Ignorance of the law and acts of corruption. It’s either Hon. Justice M. Liman who has been a Judge – Federal High Court since July 28, 2000, who was aware of the law but had to sit for some interests to sentencing the former governor or he is not schooled enough to be a judge.

Just as the Court of Appeal President has no power to assign the case to any Federal High Court Judge, so also does the Federal High Court Chief Judge lack the powers to interfere in the activities of the Court of Appeal. But who is in charge of allocating cases to judges in Nigeria? This is a rhetorical question for now.

However, some things are important and demand a sense of urgency, which I think the general public or stakeholders should be worried about and clamoured for, instead of castigating Mr President for what he has no hand in.

Way Forward

Its either we amend the Constitution, in terms of Section 397 of the Administration of Criminal Justice Act, which allows a judge elevated to the Court of Appeal to read his judgement like Kalu’s case or the EFCC should arrest and detain him.

https://www.vanguardngr.com/2020/05/reactions-to-supreme-court-ruling-on-orji-uzor-kalu/

The Blame Game Returns As The Judiciary Is Biased Again