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Celebrating Judicial Fidelity to the Rule of Law

By Chinedu Nwagu

 Our nascent democracy has been laced with fascinating political and constitutional disputes, each one presenting a new test to the strength and integrity of the judicial arm. The Courts have, at sundry times and at various levels, been called upon to make constitutional declarations on the fundamental rights of citizens; and they did not disappoint. The Judiciary has indeed posted very impressive results and has inspired confidence amongst Nigerians in the judicial process. The judicial arm has judiciously maintained the delicate balance between right and might. It has given life and meaning to the sublime concepts and values of our constitutional democracy and has kept sleepless watch over the rule of law.

It would not be unfounded to assert that our electoral experiment would have failed woefully, thereby keeling over our constitutional democracy, but for the steely intervention of the judicial institution. When INEC, during the elections, assumed its self-construed “constitutional right” to disqualify candidates and indeed proceeded to exclude opposition candidates from the polls, the judiciary stepped in and helped the nation absorb and mediate boiling political passions by providing an effective violence free avenue for ventilating these political tensions. When INEC defied court orders and announced that it would obey only the Supreme Court, the judicial faculty rose up to the occasion and handed down, with dispatch, considered judgments that found currency in the national psyche.

The critically important role of the judicial department in preserving our constitutional democracy cannot be overemphasized. The impeachment cases, the former Vice President Atiku Abubakar cases and a host of others, bear eloquent testimony to the industry and painstaking effort of the judicial branch to uphold the rule of law and maintain the cause of justice. As Hon. Justice Alfa Belgore, former CJN, perceptively observed; “From independence up to now, the greatest asset of this nation is the judiciary. The Executive might transgress, the Legislature might become unruly, it has always been the Judiciary that has stood the test of time by standing firm on the side of truth and justice. Apart from one knock here and there, overwhelmingly, the judiciary is the least offensive of the three arms of government and the one that has brought stability to the country.”

The judiciary has, amidst vagaries in the political landscape, demonstrated a remarkable faithfulness to the supremacy of the law. The constitution has, more than before, been vigourously challenged and subjected to judicial scrutiny but at every instance, the judicial faculty has shown, like the U.S Supreme Court said, that “it is emphatically the province and duty of the judicial department to say what the law is”. Beyond its fidelity to the supremacy of the law, the Courts have performed their judicial function with extraordinary vigour, in the spirit of the rule of law, manifest by accelerated decision-making and expeditious dispensation of justice. From what perhaps found its first expression in the “Ladoja case”, the Supreme Court has laid down a worthy precedent for what can arguably be a revolutionary transition in the Nigerian judicial estate. The unparalleled speed of the resolution process in that case signaled a paradigm shift in the pattern of judicial adjudication. This same speed has been replicated in a number of cases at the apex court and hopefully this fresh accelerated-decision-making paradigm would brim over to the lower courts.

A smorgasbord of judicial decisions in recent times, particularly those from the Supreme Court, reveal a reliance on normative “policies” that stretch beyond faithfulness to the letters of the law. The “policies” underlying the decided cases demonstrate that the Supreme Court is conscious of what Justice Holmes, of the US Supreme Court, referred to as the “felt necessities of the time”. Without doubt, the Supreme Court has interpreted the law in ways that, not only favour popular sentiment but also accord with civic notions of liberty and justice. Perhaps, endorsing this form of judicial activism, Justice Frankfurter, of the US Supreme Court, posited that, “the Constitution is intended to preserve practical and substantial rights, not to maintain theories”.

 Perhaps, a new chapter in the judicial cum political history of our nation was opened on Thursday June 14, 2007 when the Supreme Court, with characteristic finality, ordered that Andy Uba should vacate office as Governor of Anambra State immediately and Peter Obi should be reinstatement to office to run his full term which ends on the 17 th of March 2010, having taken oath of office on the 17 th of March 2006. Fortunately, President Umaru Musa Yar’ Adua demonstrated his commitment to the rule of law, by directing the Inspector General of Police and Solicitor General of the Federation to ensure immediate implementation of the court ruling in favour of Peter Obi. It would be recalled that President Yar’ Adua had earlier promised 100% commitment to the rule of law and had pledged to respect and abide by court decisions. The President has made a good and commendable start by showing deference to judicial authority. It however behoves all stakeholders in our democracy and justice system to ensure that he keeps this up and maintains the sanctity of the judicial province.

In this democracy, the judiciary is, and has been the singular wedge separating constitutionalism and totalitarianism. It arduously holds the fort for the preservation of our constitutional democracy. The battle, perhaps, is not done yet, as many “wounded” candidates are marching to vent their anger and to seek justice at the Election tribunals. But the worst is over. By having resort to the Courts to resolve their differences, the political contenders evince a clear appreciation for the rule of law and confidence in the ability of the Courts to administer justice. This is far better than resort to self-help and taking their disputes to the streets; the result of which can be very destabilizing for our country and the democratic process. We only hope, and earnestly so, that the judiciary will continue, as the conscience of the country, to broaden and strengthen fundamental guarantees of rights and liberties, and to ensure equal justice for all.

ª Nwagu is a Programme Officer of Access to Justice (AJ). AJ is a non- profit organization working to defend rights of equal and non-discriminatory access to courts of law, expand access of marginalized people to equal and impartial justice, attack corruption in justice administration, support legal struggles for human dignity and disseminate legal resources that help achieve these purposes