Tag Archives: justice

Lack of electricity delays judgment.

 

Dike v. Kay-Kay Construction Ltd [2017] 14 NWLR (Pt. 1584) 1 at 74, paras. A-B, per Tur, JCA:

“Many a times there would be no power supply in Enugu Division in my house. Even if there was, the generator would often become dysfunctional, hence the delay in rendering my opinion in this appeal.”

Blogger’s Note:

The experience of the learned Justice of the Court of Appeal is the experience of many of our Judges today in Nigeria. The President has often decried the slow judicial process. (Although recent reform appears to be more targeted at speedy conclusion of criminal cases, especially corruption cases, we must however note that slow judicial process is affecting cases touching on businesses and investment in Nigeria generally). The Federal Government must now see that lack of constant power is a huge factor clogging the wheel of the judiciary.

Nigeria needs light

Aside the judiciary, lack of constant power supply has crippled several sectors and is constantly making life difficult. Many are dying on daily basis at our hospitals. I have always wondered why the resolution of the electricity problems in Nigeria has remained a mystery. I had questioned why we are yet to begin to witness the tremendous change promised by the Minister of Power, Mr. B. R. Fashola, SAN, but I was told to neglect his promises as same was a pure political propaganda. I am particularly troubled because I have enormous respect for the learned Silk and I believe he is one man always ready to make a significant change. The kind of change Nigerians desire in the power sector is not the type well-articulated in written form or written analyses. The desired change is like the one in the telecommunication sector where, today, you find beggars on the streets owning GSM handsets and making wireless calls (notwithstanding the poor service delivery).

Nigeria needs constant light to move forward, away from darkness…

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A Judge with little or no adequate knowledge of law is better than a corrupt Judge.

 

Makarfi v. Poroye [2017] 10 NWLR (Pt. 1574) 419 at 440-441, paras. G-D, per Saulawa, JCA:

“…Instructively, implicit in the judicial oath subscribed to by all of us judicial officers, fundamentally requires a total commitment to the rule of law, to the dispensation of justice according to law, without fear and favour, affection or ill-will, honestly, faithfully, and according to the Constitution and the laws made pursuant thereto. Such judicial oath equally demands that a judicial officer should not allow himself to be influenced by any extraneous or subterranean consideration whatsoever. As aptly postulated by the Hon. Justice M.M.A. Akanbi, (PCA Emeritus): “Let me say that while a Judge with little or no adequate knowledge of law, may be considered a nuisance, and his lack of understanding and appreciation of the law may constitute an obstacle in the path of justice, yet he is still more tolerable than a CORRUPT JUDGE. For a corrupt Judge is not only a dangerous obstacle, he is an anathema and a DISGRACE to the profession or the institution which he does not deserve to belong.” See M.M.A. Akanbi (PCA Emeritus): The Judiciary and the Challenges of Justice, 1996 at 36.”

Bidding for justice

Blogger’s Note:

What inspired the above notable pronouncement was the decision of Abang j., of the Federal High Court, Abuja Division, which was successfully appealed against by the Appellants. In the case, the 1st-9th Respondents had dragged Independent National Electoral Commission (INEC) and Peoples Democratic Party (PDP) (10th and 11th Respondents respectively) to the Federal High Court vide an Originating Summons seeking, among other reliefs, to be recognized by INEC exclusively as the authentic States Executive leaders of the PDP in the South West Zone of Nigeria (that is, Ekiti, Ondo, Ogun, Osun, Oyo and Lagos States) as against the faction of the party led by the Appellants. Although the 1st-9th Respondents made several references to the Appellants in their supporting Affidavit to the Summons, they however failed to join the Appellants to the suit. Continue reading A Judge with little or no adequate knowledge of law is better than a corrupt Judge.

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