Judiciary graft, abuse of power diminish public confidence, says AGF

Lateef Fagbemi (SAN)
Lateef Fagbemi (SAN)

The Attorney General and Minister of Justice, Prince Lateef Fagbemi (SAN), has warned that corruption in the judiciary and the abuse of power can contribute to the breakdown of the rule of law and diminish public confidence in the judicial system.

Fagbemi made the statement in his keynote address at The Gavel International yearly lecture 2024, held in Lagos.

The theme of the lecture was, “The Judiciary as the Last Hope of the Common Man: Media and Legal Perspectives.”

According to him, when the judiciary fails in its duties, it erodes public trust and hampers social progress in the country.

He stressed that the integrity and efficacy of the justice system largely shape the future of a nation.

He warned that if the judiciary fails to create an equitable future, society could face long-term consequences, including a rise in civil unrest and a diminished belief in the legal system as a vehicle for justice.

The minister emphasised that the judiciary’s role is foundational to the maintenance of justice and societal harmony.

Its principal function is to provide fair and impartial resolutions to disputes, interpret laws, and safeguard individual rights.

“In Nigeria and other democracies, the judiciary has delivered landmark judgments that reinforce its role as a safeguard for justice, even when other branches of government or societal institutions have failed,” Fagbemi said.

On the other hand, the media serves as a bridge between the judiciary and the public, reporting on judicial proceedings and rulings.

It amplifies the judiciary’s successes while drawing attention to its shortcomings.

This synergy between the judiciary and the media has deep implications for justice delivery and public perception of the legal system.

“The judiciary’s role is essential to the maintenance of justice and societal harmony. Its primary function is to provide fair and impartial resolutions to disputes, interpret laws, and safeguard individual rights.

“The judiciary serves as a critical check on the powers of the executive and legislative branches of government, ensuring that no branch exceeds its constitutional authority,” he said.

Fagbemi noted that the Nigerian judiciary is one of the most respected in Africa, as evidenced in recent times.

However, questions remain about its role as the “last hope of the common man.”

He warned that protracted trials not only delay justice but also discourage individuals from pursuing their cases, particularly when they feel their grievances will never be resolved.

He explained that such delays can erode trust in the judiciary, as people may begin to feel that justice is inaccessible or ineffective.

In some cases, individuals may lose their right to justice due to the expiration of relevant statutes of limitations or simply give up on the pursuit of their claims.

Fagbemi highlighted landmark cases where the judiciary in Nigeria has acted as a guardian of justice, protecting individuals’ rights and ensuring that the rule of law prevails in the face of challenges and injustices.

In his lecture, former General Secretary of the Nigerian Bar Association (NBA), Mr. Dele Adesina (SAN), described the judiciary as an institution he is committed to defending and advancing at all times.

Speaking on the theme, Adesina said the judiciary is not only the last hope of the common man, but also the last hope of the uncommon, big and small, young and old, educated or illiterate, rich or poor, as well as the government and the governed.

Adesina, a Life Bencher, said: “The judiciary is often regarded as the last hope of the common man because it provides a safeguard against the abuse and misuse of power.

“However, the question I hasten to ask is: Is the judiciary the last hope of the common man only? Jurisprudentially, I say no. I like to believe that ‘the common man’ is used here as a figurative expression.

“The judiciary ensures justice for all citizens, in addition to its critical role in upholding the rule of law by keeping the executive and legislature in check. The judiciary is the last hope of not only the common man but also the uncommon.”

Regarding the media and the judiciary, Adesina stated that the golden rule of practice is that the media must not make any comments that could prejudice a fair trial.

“The media should be wary of this. Trial by the media in criminal matters prejudices the minds of the populace and leads them to hold the court in contempt and dishonour when it ultimately reaches a conflicting or different verdict.

“More often than not, allegations of compromise and corruption are made against the judge. This is very unhealthy for the development of our legal system and judicial process.

“Our media can serve the judiciary better by promoting quality analysis of court judgments by knowledgeable individuals. This can be done through lectures of this nature, analysis by informed individuals, or through the publication of journals,” he said.

Other dignitaries at the event included Prince Julius Adewale Adelusi-Adeluyi, co-founder of Aluko & Oyebode, Gbenga Oyebode, human rights lawyer, Mr Femi Falana (SAN), among others.

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