₦airaland Forum

Increasingly but alarmingly, it is gaining ground that Nigerians now believe that justice is for sale.

This position seems to be gaining ground increasingly. Is it possible to buy justice? Is it true that some politicians have all manners of mobile injunctions already typed and prepared, stocked in their portfolios and they just bring them out to suit any occasion? Can it be true that some judges have been earmarked for such jobs as issuing out any order, injunction or judgment? Can it ever be said that parties before a court of law can know their fate even before the case starts?

I am worried and worried. Not long ago, Chief Robert Clarke, SAN, warned about the dangerous dimensions of the influence of politics on justice administration generally. ‘So, one disadvantage in Nigeria today, which we have to look into, is how to curb the excesses of these politicians. They have ruined the judiciary. I feel sorry for them’, says Chief Clarke. I have also heard speculatively, that hardly is there any judgment from any election tribunal that is not a product of ‘transactions’.

My personal view is that most judges are incorrigible, above board and they decide cases according to law and their conscience, but the things that I hear are very troubling. They are spoken in hushed tones amongst the senior lawyers, they are posted with style on restricted WhatsApp platforms and they are ripe with the clients themselves. The question then is this: what is Transactional Justice? It is one in which the decision of the court on a case pending before it is procured or influenced by extraneous considerations other than the merit of the case. Such influence can be financial, tribal, religious or even social. At times it can be relational, such as when family members of a judge are recruited to put pressure on him to bend the scale of justice. The sphere is almost endless.

In Transactional Justice, there are lawyers involved as couriers of monetary offers to judicial officers and it is prevalent mostly in election petition cases. The politicians have become so desperate that they will do just anything to cling to power, by all means necessary. The ugly side of this is that once it is possible to influence a judge in a particular judicial transaction, then the door is open permanently for other subsequent influences, for instance, once you can sway a judge to tilt the even scale of justice in an election petition, then that judge becomes a permanent customer even in other regular cases, whenever the need arises. This is how it goes. The litigant hires the very best lawyers in the field of his case, pays them well to handle all legal issues in the open court and then turns around to hire other lawyers or individuals in the background, purely for networking. These latter set of people have no business in the preparation of the case on merit, they are not involved in the settlement of pleadings or briefs of arguments and they care less about the knowledge and erudition of counsel on record, but to work to secure victory for the paying litigant at all cost. They know the text of the judgment well ahead of time.

There are other aspects of Transactional Justice, I’m told. Some lawyers have perfected the style of always getting their cases assigned to a particular judge and God save you if you have to appear against them in any case, because you are doomed to always lose any point of law, no matter how brilliant you are and even if that point of law has been settled up to the Supreme Court. I don’t know how this works but it is said to be very common, especially amongst a few senior lawyers. It will surely take the connivance of court officials and the judge himself for this to happen, because once a judge has noticed the trend that a particular counsel is always appearing before him, almost on a daily basis, then that should raise the flag if there is no collusion.

Then there are the professional litigants, who have no personal court cases of their own but have been recruited to help monitor the progress of some cases and to help secure victory ultimately. You see them in the courtroom, sitting prominently, for the judge’s attention and recognition. The court registrars know them, to always reserve vintage positions for them in the courtroom. In some very bizarre cases, they exude such irritating arrogance as to even sit by the entrance of the judge’s chambers, on each day that the cases come up so that even the opponent would feel the pressure of the unofficial lobby. These are in the categories of family members, classmates, religious associates, and social partners, either in the club or in the cult. The other side of this is that it gets so bad that even the registrars of the judges at times do complain openly.

How does it sound that judgment is no longer based on law or precedents? That law has become totally unpredictable, even for the same set of facts. We are unable to properly advise clients who approach us for legal counsel, as we now have different decisions, even of the Supreme Court, in the same set of facts and circumstances. Whereas this can be due to human error precipitated by the workload of judicial officers based on the volume of cases that they handle daily, it is also said that it can be the result of Transactional Justice. Good enough I have not had cause to be involved in any form of Transactional Justice, even for my own personal cases, all of which I believe I have won or lost purely due to the facts of the cases and the application of law thereto. But I do not doubt that there is a high possibility that Transactional Justice is real.

Part of the Judicial Oath goes thus: ‘… I will discharge my duties and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law; that I will not allow my personal interest to influence my official conduct or my official decisions.’ Transactional Justice is allowing personal, family, social or financial benefits to influence judicial decisions. But we all call it the ‘High Court of Justice’, as it is described in the Constitution.

According to the learned authors of the very persuasive Black's Dictionary of Law, the notion of justice is ‘the fair and proper administration of laws’, meaning that it must be balanced, be equitable, be fair and just and it must substantially conform with known principles and standards of law. In human affairs, the judge is next to God, which is why they have earned the title ‘My Lord’. In the same way that the words of God become established to man without question, so also are we all enjoined to obey all decisions of courts in order to guarantee peace and orderliness in the society. But then, how do you go about obeying Transactional Judgments, procured through fraud and other extraneous influences?

This has raised a great challenge for the judiciary and the Nigerian Bar Association, to tackle as a matter of national emergency, or else we should all just close down our chambers and leave legal practice for Transactional Lawyers. Why on earth should I bother myself to prepare for a court case that I know I will win or lose, as the case may be, and one in which the outcome is already predetermined? Now the trouble in all of these is that the rich and affluent, the ones so very well-connected and powerful, will always get the upper hand in situations of Transactional Justice, which will be a game for the highest bidder. The poor man and his lawyer, the weak litigant and the lowly members of society stand to lose in all cases where Transactional Justice is at play, as they simply cannot match the stakes.

The negative consequence of Transactional Justice is that impunity, lawlessness and wickedness will continue to plague society if the wicked and lawless oppressor cannot even be called to order by the court. When they breach your rights, they then turn around and taunt you to go to court, if you feel sufficiently aggrieved. ‘We will meet in court’, is what you get when you dare challenge impunity. It has gotten to the point that there are now individuals and even corporate entities whose names evoke fear, such that once you mention their names, people just throw up their hands in the air in total submission, meaning that you waste your time challenging any of their actions in court.

But this should not be at all. We must not drive people to the point of frustration that will lead them to take the law into their hands. If the courts cease to be the last hope of the common man, then the consequences can be very dire indeed. The rule of might, the power of money and the influence of man should not determine the ends of justice.

I believe in my heart as most lawyers do that judges are human and they can err at times, but all cases of Transactional Justice should be met with open resistance and humiliation by all lovers of justice, lest we all become helpless victims of injustice, because when judgment is procured by any means whatsoever and howsoever, it ceases to wear the noble garment of justice.

https://saharareporters.com/2023/09/26/justice-sale-ebun-olu-adegboruwa-san?utm_source=operamini&utm_medium=feednews&utm_campaign=operamini_feednews

It is a FACT!
The Nigerian Judicial System is THRASH.

Chizaam2008:
It is a FACT!
The Nigerian Judicial System is THRASH.

The Nigeria judicial system died with Yar adua.

southsouthking:
The Nigeria judicial system died with Yar adua.

I don't think Nigeria every had one.

Tiefnubu should have been jailed befor Yaradua.

Chizaam2008:
It is a FACT!
The Nigerian Judicial System is THRASH.

it's thrash when you don't have evidence against someone you are accusing

Most Nigerians don't know that the judiciary arm of government is more corrupt than the legislature. And they are not independent of the executive arm. He who pays the Piper dictates the tune. LP and PDP should not expect any justice from any court in Nigeria as far as election tribunal is concerned. Corruption has taken over.

yarimo:
it's thrash when you don't have evidence against someone you are accusing

Evidence?

If I give you evidence, you will tell me I did not 'present' it on time. . . or you have immunity.
Or you will burn down the court houses with all the evidence and claim you do not have a 'back up' server.

Na evidence be the problem?

yarimo:
it's thrash when you don't have evidence against someone you are accusing

It AgbadoPonu dictionary has a different mean for evidence. There is no world or system that you guys cannot bastardized to suite your wicked and selfish interest.

Chizaam2008:
Evidence?

If I give you evidence, you will tell me I did not 'present' it on time. . . or you have immunity.
Or you will burn down the court houses with all the evidence and claim you do not have a 'back up' server.

Na evidence be the problem?

then why didn't you present it in time or the constitution of Nigeria is your father property that must be made how you want it?

yarimo:
then why didn't you present it in time or the constitution of Nigeria is your father property that must be made how you want it?

When you respond to sopeanas and show up in court. . . then we can have evidence.

Newton2024:
It AgbadoPonu dictionary has a different mean for evidence. There is no world or system that you guys cannot bastardized to suite your wicked and selfish interest.

next time when you are going to any court go with evidence, to avoid online 24/7 lamentations

The case of Enugu and Lagos are pure repressive justice. The gross miscarriage of justice in Nigeria today is unprecedented. APC have bastardized every aspect of out national life that even the judiciary is not spared

When they breach your rights, they then turn around and taunt you to go to court, if you feel sufficiently aggrieved. ‘We will meet in court’, is what you get when you dare challenge impunity.

Justice for sale

yarimo:
next time when you are going to any court go with evidence, to avoid online 24/7 lamentations

“But, the court, in its wisdom, ruled that the interest of Atiku Abubakar in obtaining Tinubu’s records from CSU outweighs his (Tinubu's) privacy rights because by submitting his diploma to INEC, he has put his certificate to issue."

Don't have time to read your long thrash, when going to court next time go with evidence

Newton2024:
“But, the court, in its wisdom, ruled that the interest of Atiku Abubakar in obtaining Tinubu’s records from CSU outweighs his (Tinubu's) privacy rights because by submitting his diploma to INEC, he has put his certificate to issue."

TemplarLandry:
This mushroom lawyer still has the audacity to talk?
Very incompetent fellow. Trying so hard in futility to become relevant.

Really? adegboruwa is so relevant you cant imagine. what exactly have you achieved in life.
lets pair the two of you for a minute.

Chizaam2008:
Evidence?

If I give you evidence, you will tell me I did not 'present' it on time. . . or you have immunity.
Or you will burn down the court houses with all the evidence and claim you do not have a 'back up' server.

Na evidence be the problem?

Hehehehehe

The bolded cracked me up….especially the part of burning down the court house together with the evidence!

Okay nah.

The idiotic SAN and the fellow miscreants that are supporting him intentionally ommitted to mention that the same Chief Robert Clarke the incompetent lawyer quoted said after the Presidential Election Tribunal judgement that he knew that Giringori Obituary had no case when he saw the nonsense that his lawyers presented at the Tribunal

LOVEALAIGBO:
Hehehehehe

The bolded cracked me up….especially the part of burning down the court house together with the evidence!

Na so na. . . ILLITERATE JUDICIARY.