06112109

40 — Vanguard, WEDNESDAY, NOVEMBER 6, 2019
Prohibition of retired judges
from legal practice: Need for
a paradigm shift (2)
LAST week I considered arguments often
advanced by both sides of the debate
regarding the prohibition of retired judges
from legal practice. I stated the position in
countries like India and some states in the
United States of America that have relaxed
the prohibition, where judges now enjoy the
ability to engage in some form of legal practice
after retirement. However, without a doubt,
there are certain considerations that are unique
to Nigeria which in my estimation make it
imperative that the prohibition be revisited
here.
Absence of job security: First, the job of a
judge is characterised by a near-total absence
of job security as judges have, over the years,
been victims of harsh administrative decisions
of divergent political structures, particularly
the military. The first recorded incidence of
the victimisation of judges is the removal of
Hon. Justice Taslim Olawale Elias as the Chief
Justice of the Federation, on ground of illhealth,
by the Murtala Muhammed
administration through the instrumentality of
Decree No. 17 of 1984. Another recorded
incidence is that of Hon. Justice Olu Ayoola,
who was compulsorily retired from the Bench.
In fact, he noted in his book titled: Fifty Years
at the Law that:
“The treatment personally made me curse the
day I accepted the offer of coming to the Nigerian
Bench, more so leaving a successful legal
practice. And as if the injury was not enough, a
decree was also passed forbidding any of the
Judges so retired to go back to full legal practice,
even though their judicial careers had been
aborted without reasons being given to them or
to the nation nor being afforded opportunity to
defend their names, honour and future against
the reasons before they were damnified and
summarily retired with loss of name, career, and
pension rights. Some were also given 21 days to
vacate official quarters. The procedure adopted
was blatantly unjust, so much so that some of
the judges so treated have since died
prematurely, of being unable to bear the
injustice. That was briefly
how the 1975 judicial
purge was carried out.”
In all the recorded
histories of the abysmal
dismissal of judges by
the military, usually on
ground of decisions
considered too antigovernmental,
it is more
saddening that brilliant
legal minds who have
Nigeria has
come to a stage
whereby major
reforms have
to be carried
out in its
judicial system
contributed their wealth
of experience to the development of the law
are rendered irrelevant, considering that they
can no longer practice law after being forced
out of the Bench. For this singular reason, other
brilliant lawyers whose contributions would
have further enhanced the development of the
law are deterred from aspiring to the Bench,
knowing that their legal careers may be
untimely truncated by an administrative fiat.
Consequently, the quality of judgments being
dished out by our courts has also been adversely
affected. In my book, Impossibility made
possible, I noted that: “It certainly was the wish
of many successful lawyers to one day rise to
the bench and avail the administration of
justice with their wealth of experience. But who
would leave his lucrative practice for a bench
when by military fiat he could be
unceremoniously removed from office for the
wrong reasons or even for no reason at all…
One effect of this arbitrary sack was the
depletion of the judiciary with brilliant and
honest hands. Besides the issue of poor pay,
nobody wanted to join a Bench when he was
not sure of the security of his job, especially in a
situation where a removed judicial officer could
not go back to practice as a legal practitioner.”
Furthermore, most judges were legal
practitioners before being called to the Bench,
and this, perchance, accounts for why some
judges descend into the arena by engaging
counsel in legal fisticuffs. Notwithstanding,
one cannot take away from the fact that
advocacy still runs in the blood of some of our
judges and therefore, the idea of permitting
the return of judges to advocacy after life on
the Bench should not be a mere fantasy.
Personal conflict: There is also no doubt
that judges are sometimes faced with
impossible situations – a
dilemma – which creates a
conflict between the jurist’s
personal convictions
(conscience) and the law. More
often than not, judges have been
forced to discharge accused
persons whom they believe
actually committed the crimes
alleged, but due to the
ineptitude of prosecution
counsel, the essential elements
of the crime were not proved.
The frustration which such
attracts could be enough to
make a judge voluntarily
vacate the Bench but,
considering that his legal
career will end if he makes such
choice, will continue to endure being faced with
other impasse in the future. A former trial judge
in the U.S.A, Neal W. Dickert who voluntarily
retired from the Bench into legal practice after
11 years gave his reason for vacating the Bench
thus:
“I retired primarily because I found that it
became increasingly difficult, day after day, to
make hard decisions that had a profound impact
upon the lives of the people appearing in front
of me. I was afraid that I would lose the strength
of character to make the hard decisions or,
perhaps even worse, would become callously
insensitive to the feelings and interests of the
litigants I encountered. Neither of these options
was palatable.”
In the same vein, petitions are constantly
being written against judges by litigants and
counsel alike, with the attendant psychological
effect it may have on such judges. Also, some
judges may be threatened or blackmailed to
tilt justice in the direction of a powerful
individual in the society who could influence
the continued stay of the judge on the Bench. It
therefore leaves judges vulnerable to the fear
of dismissal and the realisation of economic
woe which such dismissal may attract.
However, if our judges are able to return to
legal practice, even after dismissal, they will
still have an opportunity to earn and therefore
become more relaxed and resolute in the
administration of justice, knowing fully well
that they can still dust the wig and gown and
return to legal practice
Likewise, judges tend to become
overwhelmed with the workload and
responsibilities which life on the Bench dictates
but at that time, it may be already too late to
retrace their footsteps and return to the Bar. In
such a case, one would be faced with a
frustrated judge who may vent out his
frustrations on counsel and unassuming
litigants. Surely, such will be inimical to the
effective and efficient administration of justice.
The New Law Journal, in reaction to the
resignation of Sir Henry Fisher from the High
Court Bench to take up another appointment,
noted thus: “Judges are men and men change
their careers for many reasons. Prominent among
those reasons is the realisation that the career
they are in is not really for them – the belief that
they would be happier and more effective
elsewhere. If a High Court Judge feels that he is
unsuited to the judicial way of life, surely it is
better for the administration of justice, as well
as for the individual concerned that he goes…
A judge is entitled, like anyone else, to make his
life where he honestly believes he can best be
himself. The judicial oath is not an irrevocable
vow.”
Conclusion: Nigeria has come to a stage
whereby major reforms have to be carried out
in its judicial system, and certainly, the return
of judges – retired, dismissed or resigned – to
active legal practice is ripe for consideration.
Even if such judges are not allowed to return
full steam, there should still be a measure of
participation in law practice that will ensure
the sustained relevance of such erstwhile jurists
in the nation’s development of law. In this
regard, Nigeria may adopt the quasi-restrictive
style being utilized in the United States – which
essentially allows retired judges to practice in
court, even the one which they once sat, but
permits the sitting judge to recuse himself in
the case of a conflict of interest; or even which
permits retired judges to prepare and draft
pleadings, motions, appellate Briefs, among
others, for a fee.
Additionally, in the appointment of new
judges, there may be created a provisional fiveyear
period to allow such new appointees to
have a feeling of how life on the Bench is, and
voluntarily resign if they find that they cannot
not cope with the dictates of the Bench, or if
they find that life on the Bench is more than
what they actually bargained for. In that
scenario, such judges will be able to pick up
their wigs and gowns and continue with legal
practice, even if in a limited capacity.
From whichever perspective one elects to
approach this issue, the major consideration
should be the due administration of justice. At
the moment, this requires that an urgent review
be made to this prohibition of retired judges
from practicing. It is one that I expect the
relevant authorities to attend to as a matter of
urgency.
Trump Chief of Staff to testify in
impeachment probe
US House im
peachment investigators
has summoned
President Donald
Trump’s acting chief of
staff Mick Mulvaney for
a deposition, saying he
has “substantial firsthand
knowledge” of
Trump’s efforts to pressure
Ukraine.
“The investigation has
revealed that you may
have been directly involved
in an effort orchestrated
by President
Trump, his personal
agent, Rudolph Giuliani
and others to withhold…
nearly $400 million in
security assistance in
order to pressure
(Ukraine) to pursue investigations
that would
benefit President
Trump’s personal political
interests,” the chairmen
of the three committees
leading the probe
wrote.
Mulvaney is the highest-ranking
White
House official to be summoned
in the impeachment
probe, although he
is unlikely to testify on
Friday as requested given
the White House’s
opposition to administration
officials cooperating
with the probe.
Nine US citizens killed in Mexico attack
AT least nine US cit
izens, three women
and six children,
have been killed in an
attack by suspected drug
cartel gunmen in northern
Mexico.
The victims are members
of the LeBaron family,
linked to a breakaway
Mormon community
that settled in Mexico
several decades ago.
The victims were travelling
in a convoy of vehicles.
The security minister
said the group could
have been targeted accidentally
as a result of
mistaken identity.
Sonora state in northern
Mexico is being
fought over by two rival
gangs, La Línea, which
has links to the larger
Juárez cartel, and “Los
Chapos”, which is part
of the Sinaloa cartel.
Family members who
have spoken to the New
York Times newspaper
say two of the children
killed were less than a
year old.
In a tweet President
Donald Trump described
the victims as a group of
“wonderful family and
friends” who “got
caught between two vicious
drug cartels, who
were shooting at each
other”.
The US “stands
ready”, he said, to offer
support to combat the
problem of cartel violence
and “do the job
quickly and effectively”.
The FBI has offered to
assist Mexican authorities
in the investigation,
CNN reports.
Mexico’s President,
Andrés Manuel López
Obrador, said Mexico
would act with “independence
and sovereignty”
in pursuing the criminals
behind the attack.
A group of three mothers
and their 14 children
had set off in a convoy of
three cars from Bavispe
in Sonora state and were
heading to the neighbouring
state of Chihuahua.
At least nine people
were killed after they
were ambushed by gunmen
in Bavispe.
A burnt-out SUV was
later found by the side
of the road with the remains
of some victims
and there are reports
that other family members
were shot at as
they tried to flee.
An investigation has
been launched and additional
security forces
have been sent to the
area, the governments
of Chihuahua and Sonora
said in a joint
statement.
Iran to inject Uranium gas
into 1000 centrifuges
IRAN will start inject
ing uranium gas into
hundreds of centrifuges at
its Fordow facility in the
latest step away from the
crumbling nuclear deal
with world powers since
the United States withdrew
from the landmark
accord last year.
In a televised statement
on Tuesday, Iranian
President Hassan Rouhani
said the 1,044 machines
at the plant will be
injected with the uranium
gas starting on Wednesday.
“Gas will be injected
into centrifuges at Fordow
as part of part of our
fourth step to reduce our
nuclear commitments to
the deal,” Rouhani said
in a televised speech.
The move further complicates
the chances of
saving the nuclear deal,
which European powers
have called on Iran to respect.
“The announcement by
Iran ... goes against the
Vienna agreement,
which strictly limits activities
in this area,” French
foreign ministry spokeswoman
Agnes von der
Muhll said.
UK Foreign Minister
Dominic Raab denounced
Tehran’s move
on Tuesday as a threat to
Britain’s national security.
“Iran’s latest actions
clearly contravene the
deal and pose a risk to our
national security,” Raab
said.
“We want to find a way
forward through constructive
international dialogue
but Iran needs to
stand by the commitments
it made and urgently
return to full compliance.”
Nigeria’s appetite for Norwegian seafoods
increased by over 48% in 2019
By Prince Osuagwu
DESPITE border clo
sure, Norwegian
Seafood Council, says it
is confident that its seafood
exports to Nigeria,
would not be affected.
The council says Nigeria’s
appetite for its seafoods
particularly Stockfish
and mackreal fish,
among others is high.
The council’s Director,
Central and West Africa,
Mr Trond Kostveit said:
“We are the second
largest seafood exporter
in the world. We have a
very good climate for
producing high quality
seafoods like stockfish.
That is why our seafoods
are sought after”.
He noted that although
exports of its seafoods
decreased by about
10 percent since the border
closure, the rate of
increase between 2018
and 2019, so far, is still
appreciable.
According to him, Norway
exported to Nigeria,
20,500 tons of seafood
worth $40.5 million in
2018. This increased to
21.500 tons valued at $35
million as at January this
year, representing an increase
of 48 percent in
volume and 25 percent in
value compared to the
same time last year.
Kostveit spoke in Lagos,
yesterday, prelude
to a seminar today
where Norwegian exporters
and Nigerian
importers will network
and strike a stronger
bond.
The seminar will
highlight right ways of
preserving Norwegian
seafoods contrary to
where some businessmen
are storing and
preserving stockfish
with chemicals harmful
to human health like
sniper insecticides.
It will also equip Nigerians
with proper
methods of preparing
the seafoods for sweeter
delicacies.