Group Politics Editor, Taiwo Adisa, presents some behind-the-scene issues that tend to raise the adrenalin of persons in search of justice in the nation's judiciary.Whenever ruling isdelivered on alandmark issue, there are often cries on two ends. Those the judgment has favoured are quick to hail it as a watershed in the annals of judiciary and a display of judicial impartiality. But those at the receiving end would easily see a miscarriage of justice. In the usual tradition, many are wont to discard the cries of anguish in the camp of the losers, in deference to the claim that the judiciary is the last arbiter and the hope of the common man.Some emerging trends are, however, raising some notes of caution for those who are quick to hail judgments and easily dismiss claims of the losers. A number of stories out there, in recent times, tend to lend credence to the claim that some extra-judicial activities appear to inform the outcome of some judgments, what a government report in July referred to as 'judgment procurement.'A number of questions agitate the minds, as both the loser and winner put their fates in the hands of courts, election tribunals and appeal tribunals. Are judgments what they appear to be' Are there extraneous factors influencing judicial rulings from behind the scenes' Why do some prosecutors go for certain judges in particular suits' Are our judicial rulings compatible with empirical verifications' What are the forces moving to plunge the judiciary from its usually high horse of morality'Such questions came succinctly unto the fore in the battle to save the job of the suspended President of the Court of Appeal, Justice Isa Ayo Salami, recently. As soon as the case blew open, it practically became politicised, with only a section of the political class defending his integrity and past rulings. Should a judge's rulings be so politically minded to the extent that his astuteness is only always seen by a section of the political class' That was a concern that nearly desecrated the judiciary in recent times.The concerns are bound to rise, especially in a country where judges are not known to betray the conservative or progressive callings as in other climes. In Nigeria, judges are appointed, not because they have affiliations to a particular school of thought, but because of the belief that they would be fair to all in the dispensation of justice in all situations. In arriving at judgments, whatever is fair is right and whatever is foul is detestable in all instances. There are no exceptions or the so-called exceptions should not be easily discernible even by the most eagle eyed.During the battle for the actualisation of the zoning debate, in line with the thinking in the North, which was to the effect that President Goodluck Jonathan could not contest the ticket of the Peoples Democratic Party (PDP) in accordance with the provisions of the party's constitution, a number of strategic moves were said to have been made by those who prosecuted the case. There were reports indicating that before a case was filed, a careful study of the likely judges were made to ensure a 'favourable judge' was assigned the suit. Whether those were claims aimed at boosting the morale of the followers of those prosecuting the cases were not however independently verifiable. But it was apparent that some frenzied moves were afoot.In June, when some political parties started juggling their books ahead of the election tribunal battles, a report emanated that a political party, desperate to prove its case in the highest quarters, had employed one of the highest ranking judges known in the land and handed over its case file as it is done with consultants. The job of the said judge was to highlight the chances of this party and the ways it could secure victory.According to the highly classified document, the said judge studied the case file and returned a 'positive' report. The respected jurist however added a caveat: The success of the case would rely on the activities of two principal officers, one in the Appellate Court and the other at the apex court of the land. The report indicated that the prosecutors would be assured of their desires, if they could ensure the suspended President of the Court of Appeal, Justice Isa Ayo Salami, remained on the seat ahead of the ruling, while the case should not get to the apex court in the tenure of the retired Chief Justice of the Federation, Justice Alloysius Katsina-Alu.The report quoted the submissions of the said consultant judge as indicating that 'no matter the merit of the suit of the party, it should not expect victory as long as Alu remains the CJN. The only hope is in Ayo Salami, the President of the Court of Appeal, who is already fighting the battle to save his head.'After perusing the case file, the judge reported that it would be to the advantage of the party, if only the petition could be delayed for some time to allow for the entrance of a judge who could examine the issues 'straight forwardly' and logically.The report also indicated that the 'consultant judge' promised to hold meetings with the embattled former President of the Court of Appeal on the issue.While the above reports would be readily denounced by all concerned and are difficult to independently verify, they gave insights into likely behind the curtain activities that possibly inform the determination of especially some highly volatile political cases. It was learnt that the unstated concern of the planned reform in the judiciary is the need to ensure judicial officers conform to ethics of the profession, while also ensuring that bogus charges by top lawyers are reduced to the barest minimum.In July, a report in the possession of the federal authorities indicated that some monumental fraud was uncovered in the judiciary. A particular mention is made of a South-West state where close to nine top judges who have never served in the state were said to have been allocated juicy lands. Some judges were also mentioned as having luxury apartments in South Africa, United Kingdom, as well as in the United Arab Emirate UAE), just as the report traced over N106 billion to what was described as 'judgement procurement'.It was gathered that implementation of an action on the report brought a lot of dilemma into the government circles, even as the Economic and Financial Crimes Commission(EFCC) was said to be largely hamstrung in investigating the financial dealings.Investigations had confirmed that the government was in possession of a report, which indicted a number of top judicial officers of alleged underhand dealings. The report, said to have been handled by a secret committee was said to have covered the period between 2006 and 2011.A source in the know had said of the report: 'The bulk of that sum has been carted away to foreign lands to procure properties in the name of fake companies, fake children, schools and fake associates.'The last has not been heard of the development in the judiciary, as far as corruption is concerned. A report in the hands of the state has confirmed that some properties bought globally, especially in Dubai, United Arab Emirates (UAE), South Africa and London. Some of the real owners are judicial personnel, whose total emoluments cannot, in any way, justify the purchases.'Some of them have been found to send their children to some of the most expensive schools in the world, without taking loans. These are mind-boggling discoveries.'Such a report, coming in the thick of the Justice Ayo Salami saga in the Appeal Court, would ordinarily give the government lots of concern. A source said that the government was worried that a sacred arm of government is at the verge of being desecrated by 'certain forces,' who were accused of positioning the institution as a 'poster image of corruption.'The concern in government circles, according to sources, was to the effect that its interventions in the judiciary, being another arm of government, can easily be misconstrued as a political move. The task of balancing the act between removing corruption and ensuring that the guilty does not go unpunished is a delicate step that you cannot afford to gamble, another source had said.It added: 'The comprehensive report detailing the rot in the judiciary is in the hands of the highest authorities. I can confirm to you that those mentioned in the report, as having been linked to improper conduct, cannot go unpunished. The offences vary from judgment procurement and undue influences with judges. It dates back to the Obasanjo/Atiku era.'It has become so embarrassing to the government that judgments of Nigeria, which were readily cited in the United Kingdom and other lands, are no longer regarded. Law students outside the country no longer see the judgments from Nigeria as worth the paper on which they are written. It is a battle the government must fight to ensure a proper demarcation between politics and the judiciary.'As the concerns grow, the bid to reform the judiciary, as in every human endeavour, where reforms are constant as a reminder of its frailties, could just be the appropriate way out.
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