BEFORE WE MAKE COMMENTS UNPROFESSIONAL IN THE LEGAL PROFESSION IN NIGERIA BY OKUTEPA SAN
There is a trend now within the legal profession in Nigeria. In every public gathering, members of the legal profession are warned not to criticise judges and judgments. Whatever the court decides must not be criticized.
No lawyer should appear on television to criticize judgment. If you belong to the Body of Benchers, you must be careful. You may wake up to face disciplinary action if you make comments that are considered unacceptable no matter how noble and well intentioned you think yourself to be.
At any special gathering, lawyers are warned to stop appearing on TV to speak. Lawyers are warned not to grant press interviews after court proceedings. We are gradually getting to the point of lawyers being ganged and muzzled not to speak out.
The right to freedom of expression is a constitutional right. It is in chapter 4 of the Nigerian constitution. It is part of fundamental human rights. Why should lawyers be ganged not to speak about bad judgments. When judgments turned the law on it’s head why should lawyers not discuss it.
What makes the judiciary more special than the other arms of government that it should not be criticized. The latest gang up against the exercise of freedom is the judgment of FCT high court, in which Paulyn Tallen was asked to apologize for describing a judgment of court as Kangaroo judgment.
NBA was a claimant in that case. Yet the motto of NBA is promoting the rule of law. Was that litigation intended to promote the rule of law?. I do not think so. In the country where the rule of law holds sways, nobody, including the judiciary, is above the law of the land. Where a judge delivered judgment that defiled logic and law that itself is a kangaroo judgment. Supreme Court says so. Court of Appeal says so. So what is wrong to say judgment that did not follow the law is a kangaroo judgment. Nothing.
The way we wake and engage in sycophantic patronizing of judiciary as if Nigerian judiciary is Omnipotent and all knowing is wrong. Judges must be ready to be criticized if they deliver bad judgments. No judge is perfect. No human beings are perfect. NBA and the leadership of the legal profession must be careful not to muzzle members of the legal profession from exercising their constitutional right of freedom of expression. We can not just pretend that all is well. We know all is not well. Why can’t we speak and shame the devil. I ask.
For me, the solution to respecting the judiciary and judicial institution does not lie in ganging members of the profession or indeed members of the public from speaking publicly against the judiciary and judicial decisions. No, it does not lie there.
The solution lies in the judiciary being above board. The solution lies in the judiciary and the legal profession being the light that shines in darkness. The solution lies in the uncompromising intergrity of the bench and vibrant bar that does not allow itself to be used to pervert justice.
The solution lies in the legal profession not being part of or allowing itself to be used as instruments of injustices.The judiciary istself must respect itself. The judiciary must not in judgments fetched ant infested firewood. Once the judgments of judicial contain ant infested decisions, then you can not stop the lizard of crooked criticisms.
The legal profession must avoid dancing naked in marketplaces. Yes, that is the only way people will not be angry with the judiciary. There is no need to praise an institution that fails to live above board. Rather than gang up people from speaking out, let the legal profession restore its image by doing what is right, and people will respect it. That is how the dignity and nobility of the profession will be restored and respected. Nobody tells any person not to go near the mount of a viper. Yes, because everyone knows it can bite, and the venom has an incurable poison.
