Law & Human Rights

Judges, lawyers encourage impunity – Justice Oyewole

By Abdulwahab Abdulah, Bartholomew Madukwe & Jane Echewodo

An Appeal Court judge, Justice Olubunmi Oyewole, has accused some judges and lawyers of encouraging impunity in the country.

Delivering a lecture at the Alao Aka-Bashorun annual memorial lecture, organized by Ikeja branch of the Nigerian Bar Association (NBA),  as part of events marking its annual law week, Justice Oyewole noted that judges encourage impunity by failing to take control of their proceedings and applying extant case management strategies.

According to Oyewole, who is a judge in the Criminal Division of the Lagos State Judiciary: “When we look the other way while our clients jump bail, interfere with witnesses and in the conduct of our cases do everything to impede the flow of justice under an unbridled commitment to our clients, we encourage impunity. And when we as Judges grant unnecessary adjournments, delay rulings and judgments, fail to take control of our proceedings and apply extant case management strategies, we unwittingly encourage impunity.

“We must not venture the thought that it is only through corruption that lawyers encourage impunity in the administration of justice. When frivolous applications are filed to frustrate trials, when unceasing interlocutory appeals are filed, when we totally turn professional ethics upside down all to satisfy clients, we as practitioners are engendering impunity.”

Justice Oyewole, who is currently a judge of the Benue State division of the Court of Appeal, defined impunity as a pattern of behavior that challenges the very fabric of any organized society, done out of a consciousness that the particular society lacks the institutions or is too weak to prevent or punish deviance.

He said: “It (impunity) is conduct without fear of consequence or repercussion; crime without fear of punishment. It will be interesting to compute how much actually goes into settling damages imposed by courts against the Federal Government for human rights abuses annually. I have inkling that the result would be very interesting.”

The lecture with the theme, “Curtailing the Culture of Impunity in our National Life” had in attendance the Solicitor-General of Lagos, Lawal Pedro SAN; wife of the honouree, Mrs Kudirat; national legal adviser of the All Progressives Congress (APC), Dr. Muiz Banire; Director- Office of Public Defender, Mrs Omotola Rotimi; Chairman, NBA Ikeja branch, Yinka Farounbi and lawyers in the state.

Explaining how Aka-Bashorun performed as president of NBA, Justice Oyewole said, “his presidency of the NBA was at a time when the bar yearned for purposeful leadership that would connect it with the yearnings and aspirations of the ordinary people of the country. He did not disappoint. He delivered on those yearnings, as would be readily testified to by older members of the Bar.”

Pedro, Chairman Planning Committee of the event, on his part, maintained that lawyers are to take the lead in discouraging impunity.

“That is why such programme (NBA annual Law Week) should be one that should be attended by judges and lawyers because the theme is one that affects all. At least one week should be set for conference week so that during such period lawyers and judges won’t be in office or courts but at the conference,” he said.