September 11, 2003
Weakening the Judiciary
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A few weeks ago, the federal government ordered the immediate withdrawal of 10,000 policemen attached as orderlies to political and judicial officers as well as private individuals. The police authorities, through the force public relations officer Chris Olakpe (deputy commissioner of police), explained that the move was informed by the unauthorized use of police orderlies. The police authorities further explained that the move was to enable the police take stock of its activities so as to avoid a repeat of the embarrassment that emanated from its involvement in the Anambra State coup saga.
Before then, President Olusegun Obasanjo had publicly declared unacceptable the use of 10,000 trained policemen as orderlies.
Following the directive, a good number of political officers at the federal and state levels had their police orderlies withdrawn. With the exception of the Chief Justice of the Federation, President of the Court of Appeal and Chief Judges of the States and FCT, all judicial officers also had their orderlies withdrawn.
Indeed the directive is a welcome development particularly when viewed against the backdrop of illegalities and abuse of fundamental liberties that the few private persons and some political/public officials privileged to have police security details perpetrate using policemen. But to use a blanket measure in tackling such a problematic situation is clearly a wrong approach; judicial officers ought to be exempted from this measure.
The judiciary as an arm of government plays a very significant role in Nigeria’s polity. Since Nigeria’s return to democratic rule in 1999, the judiciary in playing its pivotal role has greatly helped to stabilize the polity. This achievement is without doubt made possible by the Constitutional guarantee of independence of the judiciary, which implies an enabling environment to dispense justice without fear or favour. This in turn underscores the importance of security cover for judicial officers.
No doubt, judicial officers are faced with high risks in the performance of their duties. From the level of the magistrate to judges at the higher bench, they are confronted with complex, complicated and hazardous issues over which they are expected to adjudicate. Oftentimes they administer justice over cases involving highly placed interests and reputations in the society as well as life and death issues.
Therefore the removal of security details attached to judicial officers amounts to putting them at the mercy of intimidating litigants and caging them from dispensing justice.
CRP thus joins the rising league of institutions and prominent citizens of Nigeria to call on the federal government to reconsider its stand on this issue and exempt all judges as well as magistrates from the category of officials not entitled to police orderlies. We believe strongly that the much-desired reformation of the Nigerian Police can be achieved without jeopardizing the rule of law.
Copyright© 2005 Constitutional Rights Project (CRP). All rights reserved.
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