THE analyses of both the Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke; and the Chief Justice ofNigeria(CJN) Mariam Alooma Mukthar, regarding the state of justice administration and legal practice in the country are illuminating. By their high placements in the legal system, they are in privileged position to know its workings. It is however imperative for them to go a step further in using their exalted position to bring about the desired reform.At the special court session to mark the new legal year, the two officers raisedweighty issuesand concluded thatthereis much room for improvement. Mr. Adoke lamented the financial and professional dishonesty in the legal practice lately. 'It is a matter for deep regret thatlawyers, including some senior advocates, routinelyengage in unwholesome practice unbecoming of membersof this noble profession,' he stated. Adoke thereforecharged the leadership of the Bar to address these issues. The CJN admitted the 'enormous challenges' that confront the judiciary, including the fair, impartial, and speedy administration of justice, 'and safeguarding the confidence bestowed on us by the people and by God''It is well and good that the two top officers in the nation's legal system acknowledge the challenges ' reallya euphemism for disgraceful conducts ' to the respectablepractice of law on the one hand, and a transparent, trustworthydispensation of justice on the other. The Bar, the Bench, and public officers in executive positions stand accused for their various roles.Most Nigerians already detest the many issues stated. The urgent question is: what, from their exalted and vantage positions, are Mr. Adoke and Justice Mukthar doing to put things right.To make the right speeches, give advice on personal and professional comportment, and offer suggestions that should be implemented by other parties are not enough if the rot is to be addressed.Adoke regretted that some luminaries in the Bar mislead clients, tamper with clients' money, rush to criticise judicial decisions; others are arrogant and charge extortionate fees. He urged the leadership of the Bar to put the issue of professional ethics and discipline on the front burner.The AGF is, under the constitution, 'the Chief Law Officer of the Federation and a Minister of the Government of the Federation'. By this, he is to ensure that the law of the land is, in spirit and letter, applied in the best interest of the nation and itscitizens. If anyone, including 'learned friends', breaches the law in the exercise of professionalduties; or breaches the rules of professional conduct, and it comes to the knowledge of the AGF,Mr. Adoke is duty bound to apply the law, without fear or favour. Indeed, he said that in the past, where misconduct was reported, it drew condemnation and appropriate sanctions.As the leader of the Bar, Mr. Adoke should go beyond lamentation and be part of cleansing the legal profession; and 'reclaim' the integrity of the Bar. Lawyers whobring disrepute to theprofession should besanctioned.Unfortunately, as long as the positions and duties of attorney-general and minister of justice are vested in one and the same person, the AGF may not be able to do much to save the Bar. In advanced countries, the two offices are separated to enable freedom of thought and action.Nigerians have witnessed instances of an AGF wilfully misadvising the government, orblatantly interfering withjudicial process. To strengthenthe rule of law and further serve the cause of justice, the combined position as granted in Section 150 of the extant constitutionneeds to be separated; the attorney-general must be free of constraintsin the exercise of his duty as legal officer, not tothe appointer and government of the day, but to the federation. The National Assembly should note this as it considers amendments to the constitution.On her part, the CJN admitted that, 'the stakes are indeed high and the challenge very enormous (but) our resolve remains absolute'. Well said. She said that, 'the Judiciary is the only catalyst for societal cohesion' and thatunless laws areapplied 'fairly,rationally, consistently, impartially,and devoid of improper influences,a societycannot operate under the rule of law'.Very true. Justice Mukthar has promised that the Judiciary will redouble efforts to justify the people's trust.That is gratifying. But it is cold comfort for a people wearied by lengthy and costly judicial processes, arbitrary application of law, unabashed abuse of the judicial process, and unrepentant disregard for judicial decisions all with no corresponding sanction against offenders.Nigerians want to see firm and concrete action taken to back expressions of determination and promises of a better Judiciary. That judge who has betrayed his honourmust be removedthrough a process devoid ofcontriveddelay; onethat is cleared of wrongdoingshould be rehabilitated without delay. Justice Mariam Aloma Mukthar rightly observed the pivotal role of the Judiciary to enforce the rule of law and keep the nation together. It behoves her, as chief justice, to begin now to cleanse (and be seen to do so) the system in order to regain a fast dwindling confidence. Furthermore, a reform of the system is long due and should be implemented vigorously. This, along with an equally long due reform of the Police Force will certainly allow fresh air into two national institutions desperately in need of invigoration.Some argue that the rot in the judicial system merely reflects the state of the larger society. In truth, integrity-deficit is rife in the land. But this is no excuse for bent legal and compromised judicial systems. The Judiciary, as the citizen's last hope for justice, must live above societal degeneracy in order to fulfil that role.
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