Pilot Law

CURRENT ISSUES: Apex Court Acquittal: Saraki actions during trial emulative 

 

Today, the trial of the Senate President, Dr. Bukola Saraki with the Code of Conduct Bureau has ended in victory at the Supreme Court of Nigeria. Former Grand Khadi of Sharia Court of Appeal, Kwara State, Justice Idris Abdullah Haroon speaks in this interview with our JUDICIARY CORRESPONDENT, KAYODE ADEOTI on how former state governor submitted himself and position to the trial among other issues. Excerpts: 

The Senate President was finally acquitted by the apex court of the charges against him, what do you consider as the significance of this development?

I’m privileged to be approached to speak regarding the decision of the apex court in Nigeria, the Supreme Court on the Senate President’s matter. I’m not a spokesman of the judiciary but as a citizen of Nigeria that moves with time, I should be able to lend my voice on the legal aspect of the issue. Judges have their own way of reasoning with regards to cases which I believe is different from that of ordinary lay man. A judge who believes that he is accountable to God and the society will decide matters with fear of God. Court process constitutionally in Nigeria should be from lower court to the apex crossing all hurdles and obstacles if there are any. A litigant, appellants or suspect who is civilised, who moves with current time and who is sure of his matter will still believe to try it at the High Court, Appeal Court and Supreme Court after he might have lost at the lower court. That’s how it should be, I’m happy that Saraki didn’t try to obscure judicial process by his position, that is very commendable. He believes in the rule of law. I’m happy that he demonstrated faith in God, the creator that sees through everything. Some are saying it is persecution but with his position, it can still be influenced. For him to submit himself with his position, that makes him to be emulative. We’ve seen some Nigerians, for reason best known to the judiciary; their matter will just be put aside. Judges must not be biased but hold firm to the truth. Decisions are based on available tendered impeccable evidence. To me, the judgement exonerated the judiciary of some unfounded allegations that were made even in the highest quarters. It vindicated Saraki himself who stood firm all through the trying times, it is a lesson to all Nigerians, in the face of Vicissitude of life, one shouldn’t think the end has come until he’s lowered into the grave…

Many people have faulted the judicial system for not ensuring speedy trials, how best do you think this can be addressed?

I think the constitution is not silent about this, any matter after hearing, the judge has the specific time to deliver the judgement. Saraki’s matter took over three years, yes, it could be less and it could be more as long as the steps were taken in good faith and according to the law. We cannot rule out the fact that we need to do more regarding the acceleration of matters, the congestion in our prisons should be looked into, I think our NJC is trying in regards to the evaluation of judges. Every judge has specific number of cases he must attend to at a specified time, if NJC found on their table matters that are not attended to, they can fire such judge, they’ve been doing it, they should do more to sanitise the system.

Following the advert seeking for  the appointment of 4 judicial officers in the state, many legal practitioners have faulted the process can you put things in the right perspectives?

I cannot fault the appointment because it entails a lot of things, first, government will look at its purse and ensure it can meet up with the remuneration of the judges. Government will provide quarters, vehicles; it is the responsibility of the NJC to determine the number of judges to absorb… At times, the process of appointment may be too slow, I left office in 2013, Justice S.O Muhammed that came after me left in 2016, another person came, through out all those times, no Khadi was appointed until recently when My Lord, Justice Ola came in, the last appointment was done during my tenure, however, it seems to be too slow and it can paralyse the system. The state government and the NJC should be up and doing when it comes to the appointment of judicial officers. Judgement delayed can lead to anarchy and that’s why some groups of people in the society will just take law into their hands.

How do you attend to the notion that appointment of judicial officers is now based on lobbying and politicking?

I’m no more in office but I know it is been done with the fear of God. If I cannot comment on that of the High Court, I can reflect on that of the Sharia court of Appeal. One can lobby but I don’t think it can influence the appointment in anyway.

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