By Dianabasi Effiong
Gov. Siminalayi Fubara of Rivers has charged judges to consider the overall impact of their judgments on the polity.
Fubara, who gave the charge on Sunday at the opening of the 66th Annual General Conference of the Nigerian Bar Association (NBA) in Port Harcourt, added that law and order, as well as national development, were reflective of the quality of justice the courts could deliver.
He said that the judges must ensure that nothing but the truth prevailed at all times, irrespective of the parties’ status or social affiliations.
“We cannot continue to insulate our laws from today’s reality; neither should justice remain shackled by unjust precedents, technicalities, inadequate access, undue delays, slavish adherence to rigid processes, political manipulation, or brazen corruption.
“The prevalence of these serious impediments to justice in our polity has damaged and continues to damage the reputation of the Judiciary and the bar,” he said.
Fubara said that in a democratic society, the legal system sets out the rules of conduct and the basis for the relationship between government, public, and private institutions and the citizens.
Fubara said that by upholding the rule of law, the judiciary was also important in any country seeking to foster true democracy, good governance, and economic development.
According to the governor, the courts are not merely venues for resolving social disputes; they serve as the ultimate refuge for all, including the common man, to pursue true justice, accountability, human dignity, and the enforcement of their legal and constitutional rights.
He contended that the ultimate aim of law is to protect and advance the security and well-being of citizens by ensuring equality before the law, safeguarding the fundamental human rights of all, and fostering an environment conducive to socioeconomic activities and national transformation.
He noted that law, order, peace, and meaningful progress prevail wherever the law is treated as sovereign, whereas denying the sanctity of the rule of law, true democracy, and good governance negates the very logic of civilised existence and is a recipe for social disaster.
” Consequently, we expect that our judges should not be mere apologists or conformists if they are to be the ultimate guardians of our democracy, the rule of law and the advancement of peace and good governance in our country,” he said.
Fubara stated that public confidence in the quality of the nation’s judiciary will be enhanced only when judges demonstrate sound knowledge of the law and display excellent legal reasoning, courage, commitment, and integrity to hold the government and the governed equally accountable to the constitution and the rule of law.
“This is perhaps the only way to ensure that justice is not merely an ideal but one that can transform our society by being present in the life of our nation and of every citizen, including those at society’s margins, not just the privileged few.
” It is said that in times of uncertainty, particularly when political power attempts to overreach the Constitution and the rule of law, it is the courage of the legal profession that can intervene to nip such aberrations in the bud and ensure that the process of power is not used to circumvent the laws of the land and the values of democracy,” he said.
Addressing the theme of the conference: “Beyond Limits,” Governor Fubara charged Nigerian lawyers, as ministers and custodians of the sacred temple of justice to rise above real or perceived constraints to protect the Constitution and advance the people’s inherent rights to democracy and good governance.
“In Rivers State, we understand what it means to push beyond limits. We have walked through the furnace of power, may have been bruised, yet remain unbowed in our determination to safeguard our unity, peace, and progress, and are more resolved than ever in our commitment to delivering the dividends of democracy to our people,” he said.
A former President of Liberia, Mr George Weah, who delivered the keynote address at the conference, also emphasised the crucial role of the Bar and the Bench in safeguarding the rights and freedom of the citizenry and charged lawyers and judges to remain impartial in the delivery of justice.
Weah noted that an independent judiciary protected by a fearless judicial bar, is needed in every serious nation, warning that threats to democracy do not come only from the barrel of a gun or a defeated leader who refuses to hand over power, but from a situation where the judicial institutions might be weakened and unable to carry out their own duties.
He reminded the delegates that democracy doesn’t end on the election night, but it is tested every single day, adding that democracy cannot survive on strong men but on strong institutions.
The former Liberian leader described as a dangerous threat to democracy, governments that call themselves democratic but are corrupt and in bed with judges to undermine the rule of law and manipulate society.
