Access to Justice :: Journals

- Lloyd Okereafor & Chinelo Chinweze

Registrars Association of Nigeria (CRAN), Abia State Branch, filed petitions, first, to the National Judicial Council (NJC) and subsequently to the Abia State House of Assembly, alleging official misconduct and several financial improprieties against Hon. Justice K.O Amah, the Chief Judge of Abia State (the CJ). While proceedings in the House of Assembly investigating the petition were taking place, the CJ, acting as Chairman of Abia State Judicial Service Commission (JSC) suspended the five CRAN officials without pay. The suspension took place after series of queries were issued that did little to disguise the real motive behind them, notwithstanding a resolution of the Abia State House of Assembly urging the CJ to refrain from victimizing the petitioners.

Challenged by the continued suffering and privation of these valiant workers, Access to Justice rallied a campaign for the defence of the CRAN officials. The campaign enlisted the support of individuals and organizations, towards bringing about a constructive resolution of the long and still festering crisis, and the need to save the jobs of the activists threatened on account of their dogged and principled pursuit of a worthy cause.

Beginning with a core story, which captures the views of all actors and ramifications of the crisis in The Justice Observatory Journal of July 2004, Vol.2 No.1, the campaign urged concerned Nigerians to write to the Hon. Chief Justice of Nigeria and Chairman of the NJC, as well as the Media urging a fair and immediate resolution of the crisis.

“such grave allegations against a CJ, a very high judicial officer cannot be treated with kid gloves or swept under the rug, as they cast great aspersion on the integrity and transparency of the judiciary.”

Responses came in. In a letter to the Chief Justice of Nigeria and Chairman of the NJC, dated November 20, 2004, Ilugbekhai J.M Ozekhome Esq., a Lawyer, of Mike Ozekhome's Chambers noted that “such grave allegations against a CJ, a very high judicial officer cannot be treated with kid gloves or swept under the rug, as they cast great aspersion on the integrity and transparency of the judiciary.” He urged the NJC to ensure that the necessary machinery is put in place to dispassionately investigate the festering crisis in Abia State, and punish the culpable parties, in order to strengthen the citizenry's confidence in the Judiciary.

In condemning a seeming lack of protection for those who cry out against governmental maladministration, Mrs. Titi Lana, a Lawyer and Principal Partner of Titi. O. Sorungbe and Associates, in her piece published in THISDAY of November 26, 2004, Page 15, noted that “ The common man and indeed every human being needs to believe in a system in which they can get justice as well as bare their minds on whatever issues are bothering them, hence the action of these CRAN officials ”.

“the Judiciary is the pinnacle of justice and it is only moral that those who work in that pinnacle, like the suspended CRAN officials should get justice.”

On his part, O.N.C Okereke Esq., a Lawyer and Coordinator of Concerned Lawyers for Justice, in a letter to the NJC, dated November 2, 2004, opined, “the Judiciary is the pinnacle of justice and it is only moral that those who work in that pinnacle, like the suspended CRAN officials should get justice.” He appealed to the NJC to end the unnecessary court cases on the matter, and direct the Abia State CJ to reinstate the CRAN officials.

In a letter to the Chief Justice of Nigeria and Chairman of the NJC, dated November 22, 2004, Mr. Okereafor, a lawyer and civil rights crusader regretted “…that the institution in focus in the Abia State crisis is the Judiciary, whose officers, by reason of their training, mode of appointment, and oaths of office, are expected to be above board in their dealings in order to maintain equilibrium in society. It is more so to think that it is the office of the Chief Judge that is being impeached”. He urged the NJC to urgently intervene in the crisis to end it, as prolongation of the state of affairs would cause disenchantment with the system.

In another piece by Mrs. Chinweze, published in The Guardian of December 8, 2004, Page 16, she stated that as a lawyer interested in realizing a vision of free, independent, and dependable judiciary, she could no longer pretend that all was well with Abia State Judiciary, following the grave allegations leveled against the Chief Judge of the State. She considers the allegations as shocking, appalling and a great embarrassment to the judiciary.

Mr. Joachim Ohia, a Lawyer and Head of Chambers of Ohia, Wonah & Company, in his letter to the Editor, published in The Guardian of December 6, 2004, Page 16, opined that “ There is a further concern generated by the suspension of members of the Court Registrars Association of Nigeria (CRAN). It is quite worrying because the said suspended officials now have both their careers and source of livelihood hanging in the balance. Their situation is certainly worsened by economic situation in the country right now. It is certainly not a good precedent for persons who might be interested in advancing and fighting the cause of justice, fair play and good conscience in the future. ”

Apparently in response to these letters following AJ's campaign, the office of the Chairman of The National Judicial Council, replying a letter from Leonard Dibia Esq. (Principal Counsel) Alpha Law Office, dated January 7, 2005 stated “ By the provisions of Section 197 and paragraph 5(c) of the Third Schedule to the Constitution, only the Abia State Judicial Service Commission can exercise disciplinary control over the support staff of Abia State Judiciary. Neither the National Judicial Council nor the Honourable Chief Judge of Nigeria can do so. Therefore it is the sole responsibility of the Abia State Judicial Service commission to deal with the crisis.”

While the Abia Campaign continues, Access to Justice maintains that the NJC certainly has oversight powers that can be put to constructive use in winning succor for the victims and respect for the Abia Judiciary. In an article published in ThisDay Newspaper, AJ's Director, Joseph Otteh argued that the NJC can urge Justice K.O. Amah to lift the suspension of these activists, and bring some “policy-making pressure” to bear on him. If Justice Amah realises that his job can be on the line too, Mr. Otteh argued, he would readily hearken to good counsel.

“Judges should be accountable to the people because judges make decisions that affect the community” - Shirley S. Abrahamson, Chief Justice, Wisconsin Supreme Court U.S in a paper titled “The Ballot and the Bench” published in the New York University Law Review, page 979.

“Judicial independence needs to be balanced with judicial accountability. Judges not only need to enhance their independence through better support and training, but also by acting more ethically”- Extracts from a report on Legal and Judicial Reforms in Central Europe and the former Soviet Union (2000)