
Bode George on his arrival at the Cathedral Church Of Christ Marina Lagos yesterday .
LIKE many spheres of society, a lot is wrong with the judiciary. Ordinarily, society’s general failings could be excuses for the poor performance of the judiciary, but if we accept that the courts are the last hope of all seeking justice, no excuses would suffice for their glaring laxities.
The Supreme Court’s verdict that Chief Bode George, a former naval officer, former Chairman of the Nigeria Ports Authority board, and a chieftain of the Peoples Democratic Party, PDP, was innocent of corruption charges shocked many.
George served a prison term on the charges.
At the High Court and Court of Appeal, the prosecution made its case so eloquently that the public feasted on George’s supposed frauds at NPA.
George called his travails political – they were since he was a politician, and so were his former friends, who gave him the prominence that distinguished his case.
The verdict, though resting on law, would still be seen as political. George was tried on Sections 104 and 203 of the Criminal Code, but the charges of contract splitting, only became an offence under the 2007 Procurement Act, which became law four years after George left office.
Under Section 36 (6, 8) of the 1999 Constitution, our laws do not take retroactive effect. The court made another fundamental point of noting that Sections 104 and 203 of the Criminal Code were at variance with the Constitution and therefore invalid. These important decisions could be lost by focusing on George.
Proponent of the once-vibrant war against corruption use George to underline the seriousness they applied to a national virus. They celebrated his conviction in 2009 and loss of the appeal in 2011.
Corruption in the judiciary alone cannot be responsible for a “mistrial”, as the Supreme Court called the case. Ignorance is another challenge for the judiciary. Are judges in the lower courts updating their knowledge of our laws?
Political pressure on judges is also understated and falls outside most measures of corruption. The flood of 198 petitions the National Judicial Council received in one year indicates concerns with the judiciary.
The NJC retired Justice Charles Archibong of the Federal High Court and Justice T. D. Naron of High Court of Plateau State for alleged unprofessional conduct. On 26 April 2013, it suspended Justice Abubakar Talba for a year without pay for sentencing Mr. John Yakubu Yusuf, who he convicted for stealing N1.3 billion from the police pension fund to N750, 000 fine, which Yakubu paid on the spot and gained his freedom.
Retirement with full benefits would not deter corrupt judges. The odium of prosecution, with their offences made public, would be a bigger deterrent.
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