EDWAR R. GREEN, Ph.D, a former Dean of the Faculty of Law, University of Benin, Nigeria, made startling disclosures during a current affairs programme on a Nigerian television network yesterday,
He said, in words to the effect that during the many years of military stranglehold on Nigeria, the Judges were left alone to go about their normal duties without any intervention from military rulers.
If the Professor was right, and callers to the station did not controvert his claim, it naturally follows that the sentences of death by Hanging passed upon the Human Rights activist Saro-Wiwa and 8 other Ogoni people, were not forced upon the Judge who passed the sentences by Gen Sani Abacha.
He also disclosed that, under the Laws of the Federation of Nigeria, “a person can break into your house to steal evidence to use against you in court”.
He added, “The people of Nigeria don’t obey laws”. He went on to explain the difficulties that the legal system imposes upon its own head, adding that Nigerians who were appointed did not study Constitutional Law until after 1978 and that in any event.
He then touched upon an issue which is very dear to the hearts of many people in Nigeria today; namely, the 1999 Constitution and Human Rights.
According to the Professor, lawyers and judges face three-dimensional dilemma in that they are using English Common Law – an unwritten constitution to explain a written Constitution – i.e. the 1999 Constitution of Nigeria, while pretending to be pursuing American Presidential system of law.
He reiterated what is already a well known fact that the 1999 Constitution of the Federation of Nigeria is the work of a few military personnel.
The Professor came to the conclusion that judges should be retired and the country should bring in young vibrant people with 1st or 2nd class degree in law.
Editorial
Itse-Sagay is a Senior Advocate of Nigeria (SAN). In
March 2011, he gave an interview to the Daily Sun of Nigeria.
He also lamented the 1999 Constitution of the Federation of Nigeria, adding that the Constitution should be completely overhauled.
Many Nigerian lawyers and judges are on ego-tripping for the greater part of their working life, in the erroneous belief that they are on an equal basis with their British counterparts.
Yet, on August 25, 2011 the FG circulated a Report which highlighted corruption in the Nigerian judiciary, and the existence of judgment procurement cartel.