The Senate President, Godswill Akpabio, has advised the new Chief Justice of Nigeria (CJN) to punish senior lawyers who are fond of appearing on television to criticise the nation’s judiciary system or comment on cases in court.
Mr Akpabio gave the advice on Wednesday when Mrs Kekere-Ekun appeared before senators for screening. Although the senate president did not mention names of any senior lawyers but those who constantly appear on television to discuss judicial issues include human right lawyers Femi Falana, Inibehe Effiong, Liborous Oshoma and Frank Tietie.
“I would say that recently, very senior members of the bar, we all know them. They are fond of being on Politics Today ( a programme on Channels TV). They were commenting on cases that are before either the Court of Appeal or the Supreme Court. And this wasn’t the case in the past.
We are saying, under your tenure, will there be a procedure where you bring them to justice? Because they ought not to. Because their comments and their analyses tend to influence the final outcome of those cases. And the most instances tend to bring about injustice.
They will go out there, instead of arguing the cases in the court, they will go and sit down on television and be arguing the cases on television,” Mr Akpabio said.
The senate president stressed that many junior lawyers have started emulating the senior lawyers who are fond of appearing on television to discuss judicial issues.
He argued that if the judiciary could p¥hush any of the senior lawyers for the action, it would serve as a deterrent to others and promote integrity of the judiciary. “And for the junior lawyers, the younger ones who are coming up, they are now beginning to think that that is a norm. So if the court can invite or even the agency can discipline a senior lawyer who is fond of sitting down to analyse cases that are yet to be decided upon on television, on social media and all that, I think it will serve as a deterrent.
And it will also help to bring back the integrity of the judiciary and the judicial system that we are talking about. That’s why we are saying, under you, will you tolerate it? Because if you sound a clear note of warning to Nigeria, the teaming lawyers across the country will be wary that there is a new Sheriff in town and that people should stop using the social media, using television to try to influence judgments in their favour, instead of going to argue the matters in the court.
You know, they play to the gallery and you see them ruling from side to side on television and all that. Sometimes, for some of us who have been in trouble for the cases, I shudder in fear and nobody calls them to order.”
Mr Akpabio described the senior lawyers’ habit as an act of indiscipline. “So we are saying, under you, will you take steps to bring silence to bear by collaborating and ensuring that those who lack discipline and that matters that are subject to this should not be discussed on television, should not be discussed on pages of newspapers, should not be taken to social media, should not be taken to analysis on radios by very senior lawyers,” he said.
Responding, Mrs Kekere-Ekun threatened that if the senior lawyers continued the act, it may cost them to lose their ranks. “If they lose their rank of senior lawyers in Nigeria because of those actions, it will serve as a teacher’s joke. That’s why I’m working on this. Commentina on cases that are subject to this will not have anywhere to hide. It will be dealt with decisively. I’m not going into those who have access to social media to abi se people the way they like,” she said.
Mrs Kekere-Ekun also stressed that the judiciary would use its constitutional power to caution the senior lawyers. “However, it is true that there is a lot that goes on social media and other fora and this is one of the aspects that contributes to the negative perception of the judiciary because you have narratives out there that have no correlation to the facts that are before a particular court. And again, whether they are senior members of the bar or other members of the bar, there are procedures. A senior member of the bar who has earned the rank of Silk, it’s a privilege, it’s not a right and that privilege could be withdrawn if it is abused.
So in any of these situations, the courts too will use their own powers. We do have powers where a matter is subjudiced and somebody goes out in public on the television station, media, social media to comment on those cases because it does have a negative effect on the administration of justice, on how we handle our cases.
Because when you then give a judgment, the way it is assessed is based on what has been in social media. But notwithstanding that, I would say that judges know the oath they have taken and will abide by that oath and not be influenced by social media,” she said. Mrs Kekere-Ekun was, subsequently, confirmed by the senate.
