Uwais hinges democracy survival on fearless judiciary
From Saxone Akhaine, Kaduna
UNLESS the judiciary remains fearless in dispensing justice to the people, the nation risks thwarting its democracy, the Chief Justice of Nigeria, Mohammed Uwais, has said.
According to him: "A good, fair and fearless judiciary instils discipline in the people while a bad or corrupt judiciary is unworthy of a democratic society and is capable of destabilising the society, thus breading anarchy".
In his keynote address at the opening of 2004 Biennial Conference of the Magistrates' Association of Nigeria held in Kaduna on Monday, Uwais stressed that democracy can only survive in the country if judges remain unbiased in their jobs.
He said: "No government institution is better placed as the judiciary to influence the building of a stable, prosperous, virile and orderly society. Peace in a country can only be achieved if the government is fair in its dealing with the people.
"Such fairness can best be assessed by the behaviour and actions of the judiciary. A timid judiciary is not worthy of any democratic society.
"If the judiciary is trusted by the people, it is obvious that there will be peace and stability in the polity. The judiciary in a democratic society is expected to guard its honour, dignity and authority so that the confidence of the people in the rule of law may be sustained".
Urging all judicial officers to brace up to their responsibilities, Uwais said that in a democratic system of government, the judiciary must appreciate that it has great responsibility to ensure peace and order.
He added: "It must protect the citizens against the government. It must protect the weak against the strong. The judiciary will have equal responsibility to protect government and also government's property.
"Therefore, any person or authority that disobeys any order of superior court will be doing so at his or her peril. The subordinate courts, including the Magistrate's Court are charged with the responsibility of enforcing such orders even though neither the constitution nor any Act or law favours their decisions in the same way".
The chief justice argued that no responsible government, authority or person in authority, with respect for the Rule of Law would ignore or fail to obey any order from a subordinate court, stressing that the subordinate courts have the power to punish for the contempt of their order.
In his address, the National President of the Magistrates' Association of Nigeria (MAN), Mr. Dan Ogo, praised the leadership of the National Judicial Council for its untiring efforts in ensuring that the judiciary lives above boards.
"This has brought hope, confidence and trust into our judicial system and indeed respect by the international community", he said.
Ogo also urged all magistrates in the country to continue to shun every appearance of injustice in the discharge of their onerous responsibilities.
His words: "We must not yield to corruption in whatever form, no matter how tempting it presents itself.
"This is very fundamental to our function because to do otherwise will call to question the bases of our existence and the office we occupy".
Ogo noted that for many years now, discussions on the welfare of the magistrates have not received the desired attention by government.
"We know that effective and qualitative service delivery in the public sector enterprise and enhanced welfare arrangements for workers are like Siamese twins", he said.
