Executive building courts, gifting judges undermines judiciary – NBA chair

By Juliet Umeh

The Chairman of the Nigerian Bar Association, NBA, Mr. Afam Osigwe, has criticized the involvement of the executive arm of government in providing infrastructure and welfare items for judges, describing the practice as wrong and damaging to the integrity of the judiciary.

Speaking on Channels Television, Osigwe said: “It is wrong for the executive to build courtrooms, buy cars for judges, invite judges and hand over vehicles to them.

He lamented that, “ the growing trend portrays judges as beneficiaries of political patronage and weakens public trust in the justice system.

“Sometimes it would appear that the judiciary is happy. The judges are happy to be paraded by politicians receiving cars, as if the person were doing them a favor.

“As if the governor or minister or whoever is spending his own personal money. It demeans the judges. It demeans the judiciary.”

According to him, such actions create a troubling perception of closeness between the judiciary and the executive,” he stated.

He described the issue as a moral concern, stressing that it raises doubts about fairness in the justice system.

Osigwe maintained that “judicial needs should be handled through proper budgetary processes. If the courts need houses, they should be put in their budget, and the courts should be allowed to handle it. The public display is demeaning and robs them of the perception of being independent,” he said.

On judicial independence, he said: “Constitutionally, yes. But in reality, the perception is that the judiciary is not fully independent.”

He attributed this to financial control by governors, noting: “Sometimes the Chief Judge is reduced to going to the Government House to beg for release of statutory allocations. To that extent, it is not independent.”

Osigwe also warned against the increasing judicialization of politics.

“Over the years, there have been worries that the electoral process has been overly judicialized, with fears of corrupt practices affecting judgments,” he said.

He urged restraint by legal practitioners, adding, “Lawyers should not be a tool in the hands of politicians, not to use litigation to manipulate the political process.”

He further warned, “If the legal and judicial process is put to the wrong use, we may have the tendency of truncating democracy.”