Fagbemi, others urge lawyers, journalists to uphold Nigerian judiciary 

Ogunsakin Mustapha
13 Min Read
L-r: Mrs Adejoke Layi-Babatunde, Prof Olukayode Olatoke SAN (representing Justice Minister, Prince Lateef Fagbemi SAN) and Mr Dele Adesina SAN, the Guest Lecturer, at the event on Friday

The Attorney-General of the Federation (AGF) and Minister of Justice, Mr Lateef Fagbemi (SAN), advised the media to adopt ethical journalism standards to give hope to the common man.

Fagbemi, who was represented by Prof. Olukayode Olatoke, gave the advice on Friday at the Gavel International Annual Lecture at Ikeja, Lagos. The theme of the lecture is: “The Judiciary as The Last Hope of The Common Man, Media and Legal  Perspective.”

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Fagbemi, in his keynote address, said the fight for a judiciary that would truly serve as the last hope of a common man, was one that both the media and the judiciary must undertake together. According to him, the media has a crucial role to play to hold the judiciary and government accountable. “Media should keep educating the public on their rights and amplifying the voices of the oppressed. Media must ensure that the scale of justice remains balanced and ensure adequate reportage of positive news. Regardless of the need to publicise sensational news, we must always remember that we are first of all, Nigerians.

It must be conceded that the media is a powerful tool, as it informs, educates and entertains, but when misused, it can harm our nation’s cohesion, stability, and progress,” he said.

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Fagbemi therefore advised that the power of the media be used to address issues constructively. He added that the media should adopt ethical journalism standards, balance their reports and avoid clickbait headlines. He also said there was a need for the media to invest in fact-checking, promote constructive content and engage in capacity building.

According to him, the judiciary stands as a pillar of democracy and its strength is a measure of our commitment to justice and equality. “While much has been achieved, there is still work to be done and together with the judiciary, the executive, the media and the citizens, we can build a Nigeria where every individual, regardless of status or station, can find justice, hope, and dignity.

The media has the power to disrupt or to unite. Let us urge our journalists and media organisations to rise to the occasion, fostering dialogue, promoting understanding, and building a stronger, more unified Nigeria,” the AGF said.

Also, a member of the Body of Benchers, Mr Dele Adesina (SAN),  submitted that the judiciary was the last hope of not only the common man, but that of the uncommon, big and small, old and young, educated or illiterate, rich or poor as well as government and the governed. Adesina, former Pro-Chancellor and Chairman Governing Council, Ekiti State University, also said for every single case where justice appeared not to have been served, there were thousands of cases where justice have not only been done but have seen to be done.

He condemned violent attacks on the judges and justices of  the courts. The sustained blackmailing of the entire judicial system at the moment is wrong and the same cannot help this nation or indeed anybody.

“Please understand very well that  I do not oppose constructive criticism of the judiciary, nor do I oppose clear and honest appraisal of the judiciary but the criticism of the nature and the kind we are hearing and reading about particularly in recent times are destructive and this will not help our justice system;

“It is my belief that we need to commit to self-examination that will culminate in self-realisation of our ultimate destination.

With regards to the media and the judiciary, the golden rule of practice I submit is that the media must not make any comment which will tend to prejudice a fair trial,” he said.

Adesina added that the media would  do a greater service to Judiciary by promoting quality analysis of courts’ judgments.

“This can be done through lectures of this nature, analysis by informed men and women or through the publication of journals.

“I submit that the media must not make any comment which will tend to prejudice a fair trial. This is without prejudice to their duty to hold the government accountable,” he said.

The Publisher of Gavel International, Mr Mustapha Ogunsakin, in his welcome address, said  that  the two professions that could  restore  the hope of the common man were the legal and media professions.

He added that the two professions were saddled with direct constitutional roles in the justice system.

Ogunsakin said while the role of the legal profession was statutory, the media  had the responsibility to represent the people by covering and reporting court proceedings, except it had to do with national security or cases involving minors.

According to him, one of the ways which hope can be restored is making courts truly open, by advocating real media coverage.

He said: “I mean video recording  of proceedings where the constitution permits.”

L-r: Mrs Adejoke Layi-Babatunde, Prof Olukayode Olatoke SAN (representing Justice Minister, Prince Lateef Fagbemi SAN) and Mr Dele Adesina SAN, the Guest Lecturer, at the event on Friday

The publisher added that a country without justice would descend into chaos.

The communique issued at the end of the lecture urged both media and legal professions to work together in restoring the dignity, independence, and equality before the law, the key roles of the judiciary in a society. It also raised salient points about the judiciary that must be addressed. They include the following:

  • The media must take seriously its duty to faithfully report the judiciary to inform the ordinary citizen about the importance of the Judiciary to the survival of any society.
  • Members of the Bench and the Bar must bring about better implementation of the tenets of the law and uphold the dictum that ‘nobody is above the law’.
  • Presently, trust in the judiciary is eroded to the extent that many believe there are two sets of laws in Nigeria – one for the rich and another for the poor.
  •  The upgrade in condition of service and introduction of new technologies to the courtrooms have not led to efficient dispense of justice
  •  We are in a situation where it is more important to know the judge than to know the law.
  • The media has a symbiotic relationship with the judiciary, by highlighting its successes and failures for better outcomes
  • The court of justice could be prohibitive for most Nigerians and even where free legal service is available, it might be easily accessible or of high quality
  • Judges are unable to defend themselves and are often at the mercy of unscrupulous lawyers and their clients
  • Because Justice is rooted in public confidence, the conduct of some judges – especially in cases affecting politically exposed persons – is enough for people to have a negative opinion of the Bench.
  • According to a recent poll, over 80 per cent of Nigerians consider corruption to be prevalent in the judiciary.
  •  Political cases have exposed the rot in the judiciary to Nigerians and most have no trust in the institution.
  • Nigerians can still get justice, but it is not quick and takes determination and grit to get.
  • Judges are often overwhelmed by too many cases and poor preparedness by prosecutors and solicitors
  • There are modern technologies that could make life easier for judges, but they are not embracing these technologies
  • Lawyers complicate matters before the courts and do not like to see timely resolution of cases
  • There are courageous and upright judges, but the antics of the bad eggs tend to spoil the reputation of the institution

Participants therefore recommended the following:

  • Judicial workers must restore the dignity of the Judiciary as the last hope of the common man else anarchy would continue to reign.
  • The media must continue to hold the judiciary accountable and make it clean up its acts.
  • The media must establish that judicial decisions are transparent to ensure justice is not only done, but is seen to have been done
  • Media should avoid undue sensationalism of cases and stop incidents of trial by media, which might be prejudicial and force judges to compromise on their decisions
  • Access to justice should be a right and not a privilege.
  • Lawyers and the leadership of the Bar must be proactive in rising to defend the honour of judges when under attack unfairly .
  • Stakeholders should support a bill presently before the Lagos State House of Assembly whose passage would ensure that no civil case lasts more than 12 months
  • Magistrates should fulfill part of their duties of office through routine visits to detention centres because they have the power to release anyone deemed to be unfairly locked up
  • There is need to bring back the cadre of activist judges that brought so much respect to the institution during the era of the military
  •  There is a need for financial autonomy for the judiciary. When courts could not determine how it would meet its own needs, it would have to go cap in hand to the Executive for support and this limits its independence.

In conclusion, participants thanked the management of Gavel International for putting this high-level Annual Lecture together, especially as the country battles with a rising lack of trust in the judiciary and needs to find ways to restore this to avoid a descent to the rule of the mob.

Dignitaries at the lecture included former Minister of Health, Prince Julius Adelusi-Adeluyi who was father of the day, Mr Gbenga Oyebode who was the chairman of the occasion, Lagos State Attorney-General and Commissioner of Justice, Mr Lawal Pedro (SAN), Lagos State Commissioner for Information, Mr Gbenga Omotoso, the Chief Judge of Lagos State, Justice Kazeem Alogba, representative of the Acting-Chief Registrar, Mr Tajudeen Elias, Chief Anthony George-Ikoli SAN, former Attorney General and Commissioner for Justice, Bayelsa State, Mr Layi Babatunde SAN, Publisher Lawbreed, Mr Femi Falana SAN, Mrs Maureen Chigbo, President, Guild of Online Publishers (GOCOP), and Mr Eze Anaba, President, Nigerian Guild of Editors (NGE).

Others include Prof Hope Eghagha of University of Lagos, Dr Mustapha Sulaiman, Executive Director, NASCO Town Free Trade Zone, Dr Yemi Olayinka of University of Lagos, Dr Afolabi Ajayi of Ministry of Foreign Affairs, Bashorun Tope Alabi, Mr Kayode Filani, Mr Alex Ademola-Bankole, Chairman, Dixambra Group, Mr Kunle Ajibade, Executive Director, TheNews group, Mr Ayo Aminu, Managing Director, New Telegraph Newspapers, Alhaji Mojeed Jamiu, Mr Sunny Igboanugo, Mr Kayode Ogunbunmi, Dr Olukayode Oyeleye, Mr Richard Akinnola, Mrs Joke Layi-Babatunde, Mrs Asabe Waziri, Mr Gbenga Ogunsakin, and a host of other dignitaries.

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