ARE NIGERIAN JUDGES ABOVE THE LAW?

Probably no one in Nigeria needs informed, professional and ethical judges than me. Very few in Nigeria have had their future determined by judges than me.

I have been to court many more times than the average Nigerian. Why?

Those close to me will tell you that I am mild mannered and not really quarrelsome. I however hold strong views about a number of things. One of them is that you cannot build a great society if you are unwilling to subject yourself to a set of agreed principles and the rule of law.

Sadly, I live in a society where if you hold a position, nobody wants you to say no to whatever they ask of you whether they are deserving of it or not and whether what they ask of you is right or wrong. In Nigeria, you are supposed to be every body’s ‘mugu’ doing every body’s bidding. To have a mind of your own is a sin. Woe betide you to refuse a Nigerian what he wants.

He will remind you that you come from the same tribe, went to the same school or attend the same church. He will try every which way to intimidate you, malign your name and fabricate and spread false stories about you. A Nigerian is unlikely to say that he is undeserving of his request. You are the one undeserving of the position you hold by which you have said no to him.

Nearly all the personal cases I have taken to court have been related to persons who have tried to intimidate me by spreading false stories about me. I am not a person given so much to material possession. I do not recall taking anyone to court over money. I however value my name and I think that is what a man is really about. So, I do whatever I have to do to protect my name including going to a judge with the facts and the law.

Both as President of PMAN and Chairman of COSON, it has been my duty to vigorously defend the rights of those on whose behalf I act. Unfortunately, the average Nigerian does not pay tax, does not pay NEPA bills, wants free water, free rice, free music, free everything! He wants a daily breakfast of omelettes but he does not want to buy an egg. Why do you think a Nigerian will travel many miles to attend a party he was not invited to just to eat a plate of badly cooked jollof rice?

A key reason for the significant progress we have made at COSON is the robust and continuous use of the law courts to enforce intellectual property rights. Just imagine that just six years ago I was repeatedly told that COSON stood no chance of success. Yet the same organization has within the short period, collected and distributed hundreds of millions of Naira in copyright royalties to music copyright owners in Nigeria.

I verily believe that in a democracy, going to court is the one way to forestall the resort to machetes, brute force and anarchy. When I go to court, I do not see the other party as an enemy. I just believe that there is someone with whom I have a different point of view on an issue that is important and we have not been able to harmonize the views. The facts and the law are taken to a judge who is a trained independent arbiter to intervene. I tell the lawyers who represent me never to go to court with a case that is not properly researched, properly articulated and properly presented.

I have had tremendous success in Nigerian courts. I actually wonder where I would be without the courts. That is why the events of the last ten days with judges being arrested over horrendous tales, left, right and centre have left me traumatized. What exactly is going on?

I must state clearly that not once in the many cases I have taken to court has a judge or anyone acting on behalf of a judge approached me directly or indirectly with a request for one Naira. Not any of the judges that have presided over any case I was involved in was personally known to me. I therefore have no choice but to conclude that there are still many good persons on the bench in Nigeria. But it is now clear that there are judges who think that the court is a stock exchange or an extension of Shoprite.

I believe that for the good of these good judges in the system and the Nigerian nation, it is important that all the vile and despicable men and women on the bench be unearthed and punished so that they do not continue to tar those judges doing their jobs with respect. I want to go to court and know that the person I bow my head before and who decides my future is not a common thief but someone who deserves my respect.

I have read the many complaints that due process was not followed in the arrest of the judges. I am a stickler for due process as long as it is not deployed to shield or obscure justice. Regardless of the accusations, every judge arrested must be given the full rights of a citizen. No judge should be treated beneath the law and no judge in Nigeria should be above the law.

See you next week.