Lack of Judicial Independence, Bane Of Nigeria’s Democratic Devt. – Fayemiwo

By Yusuf Oketola

AN Osogbo-based legal practitioner, Mr. Gbenga Fayemiwo, has said that absence of independence for Nigeria judiciary is the bane to the country’s democratic development.

According to Fayemiwo, there could not be a sound democratic system if the judicial arm of government does not in one way or the other enjoy total freedom.

Fayemiwo stated this in a telephone interview with OSUN DEFENDER yesterday.
The lawyer stated that lack of proper funding of the judiciary is responsible for congestion of various courts across the federation and also responsible in part for the ongoing industrial action embarked upon by the Judicial Staff Union of Nigeria (JUSUN).

He said: “Lack of proper funding of the judicial system led to the congestion of various courts across the federation. The issues that led to this JUSUN strike in the first place are the reasons why our courts are congested. So, some of these reasons are because the courts are not well funded.

“The staffs of our courts have been overworked beyond their capacity. Democracy came with a constitution which guaranteed some rights for the citizens of Nigeria and those rights, whenever anybody or organisation decides to breach any of them, the courts are open for the enforcement of such rights and to ensure that justice is served. That is why the courts are congested.

“So, lack of judicial independence is bane to the country’s democratic development.”

Fayemiwo noted that the judiciary, being the third estate of the realm, always relies on the executive for funding.

He added: “It is only the judiciary that has to wait for the executive to make its budget before it can execute projects that are meant to speed up dispensation of justice. In our courts today, you will see that our judges have become overworked because the equipment that should facilitate the swift dispensation of justice are not there. So, what you get in return is diminished judicial system.

“That is why we have our court congested. Even in the 21st Century, we still have our judges write in long hand. I know of judges that sit at 9am and rise by 6pm and writing throughout the day. That is not acceptable at all. That is why we need judicial freedom. Our courts should be automated.

“In developed nations, you cannot see judges writing long hand. That is why many of our judges suffer backache diseases when they retire, because they have written for so long and when they retire they have little for themselves.

“We should encourage a situation whereby our judges will live and work in comfort; that is why the strike becomes inevitable.

“The strike is also affecting me and every other lawyer, because the court is our office. But the truth must be told, we cannot continue like this”.