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Ex NBA Chairman Exposes More Damning Rot in
Nigeria’s Judiciary
Newsdiaryonline Sun Oct 9,2011
CJN Dahiru Musdapher
Kaduna-based legal practitioner and former Chairman of the
Nigeria Bar Association in the state, Barrister Aliyu Umar
has
provided
further insight into the
rot in Nigeria’s
judiciary. Speaking on
a Kaduna Radio Programme
on the current challenges facing the Judiciary in the
country, Umar said that
the country can only overcome these problems if it takes
practical steps to overhaul the judicial sector. “The problem
has to do with the whole system. It is the way Nigeria is and
because the sector is in Nigeria, the problem facing the country
as a whole is what is affecting the judicial system. There are
lots of problems in the sector.
Umar who served as
solicitor general of Kaduna
state during
Governor Balarabe Musa’s shortlived regime said :“For example,
before one becomes a Senior Advocate of Nigeria (SAN), one must
have gone to the Supreme Court at least twice.
That is not the problem, the problem is that one needs to
make some move by seeing some people before you present your
case at the court.
This is not something hidden because most lawyers would tell you
this,” Barrister Umar said.
Speaking on the issue of funding, Barrister Umar argued that
funding was not part of the problem facing the judiciary in the
country because the sector was well funded by government.“I
don’t think lack of fund is a problem in the judicial sector.
This is because the sector is well funded. The issue of shortage
of judges is also not an issue. Recently, I heard the Chief
Judge of the federation saying that there are cases filled since
2001 that are not treated.
“This alone explains that our judicial system is faulty. The
politicization of the judicial system and interference in
judicial process by those in government is another serious
problem that is a cause for concern for all of us.”
He also blamed
his colleagues’ lack
unwillingness to the end the Al Mustapha trial for the prolonged
incarceration of the former aide to late Gen. Sani Abacha.
Umar also blamed what he called the rot in the Judiciary rather
than adequate funding for the elongation of cases in the court,
especially at the nation’s apex court saying “the problem is,
one needs to make some moves by seeing some people before you
present your case at the court.”
Speaking in a Radio Nigeria Hausa programme, Hanu Da yawa, Umar
said that it was wrong for Al Mustapha to have remained in
detention for the past 13 years while his case drags on,
pointing out the delay shows the level of rots that is in the
Nigerian judiciary.
According to him, “Al’Mustapha’s case that goes on for about 13
years now would have been over if it was handled by the Supreme
Court. The lawyers and the judicial system must be blamed.
Honestly, it is not proper to elongate a case for years without
ending it.
“The new electoral law that gives time table for all election
cases to be completed will help a little in tackling this issue
of elongating cases. So, setting a time frame for cases; I think
will help solve the problems like that of Al-mustapha.”
Barrister Umar's comments which came on the heels of the
recent crisis of confidence rocking the judiciary over the
handling of the JusticeAyo Salami Saga is likely to further
unsettle the powers that be.Whether those saddled with the
leaadership of the judiciary will actually take appropriate
steps now that will truly rekindle confidence in the
judiciary remains to be seen.
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