That Nigerian Judicial Council (NJC) on a Sunday could promptly respond to the “controversy” about training of judges in London is a sign of a responsive Bola Tinubu-led new administration in Nigeria. However, it is a woeful attempt by the NJC to persuade millions of hurting Nigerians who are going through hardships meted out to them by previous leadership failures.
The dissatisfaction of Nigerians about this summer holiday training for judges in London is beyond “who sponsored what and who” but also the essence of the programme; who was there and for what intent and purposes?’
For as long as the maxim of equity and justice remains the following will also remain.
Equity is equality: He who comes to equity must come with clean hand. Equity will not suffer wrong to be without remedy. Delay defeats equity. Equity abhors forfeiture. Equity follows the law. Equity regards as done what ought to be done. The NJC and our judges who participated in this holiday training seminar have let us down as a people. They will do well to keep their peace and take note of our sensitivities as a people for future planning.
How so that the Inspector General of Police, Chairman of Economic and Financial Crime Commission, Senate President, Speaker House of Representatives or relevant committees, army commanders, representative of Nigerian Independent Shareholders Associations, leaders of the organised private sector, labour leaders and other stakeholders of the Nigerian project, including a group of the many “recalcitrant debtors” were not invited to share their perspectives on the vital issues that formed the main curriculum of this training. As a matter of fact, if this training was, for all intent and purpose, true to the development of the Nigerian jurisprudence, all the aforementioned should have been invited. After all, what is good for the goose is good for the gander.
In his welcome address at the commencement of the training facilitated by the Dr. Fatihu Abba-led Legal Academy, Justice John Tsoho, the Chief Judge of the Federal High Court told the Nigerian High Commissioner to the United Kingdom and his colleagues that it was because of the critical and strategic roles, which AMCON (Asset Management Corporation of Nigeria) and NFIU (Nigerian Financial Intelligence Unit) play in the growth of the Nigerian economy that it was considered by the Federal High Court to invite their CEOs and some of their top officials as participants in the training, especially as the judicial system is seen as the bedrock of civilised society.
Without mincing words, Justice Tsoho was unequivocal that the seminar-training is about AMCON and NFIU and that the CEO of AMCON registered his gratitude in London when he said: “My Lords, distinguished ladies, and gentlemen, with the help of the judiciary, AMCON has been able to make notable progress especially in enforcement. Granting of exparte orders as well as orders to attach traced assets have compelled most ‘recalcitrant’ obligors of AMCON to come to the negotiation table, is a red flag for justice”. This raises another question, of who determines ‘recalcitrant’ obligors: the law or Ahmed Kuru? (Kuru is AMCON Managing Director).
By the way, can there be equity and justice in the cases where the alter ego of a litigating party (that is, Kuru/AMCON) is already in a tea party with their Lordships on cases involving him and others before their Lordships, even to the extent of using derogatory and or biased language to describe the other parties.
What and whose interests do our courts serve: justice and equity, or some guided entrenched selfish interests? Why is it that all that AMCON thrives on is exparte orders ? Perhaps not surprising that the AMCON CEO is grateful for his biggest weapon – exparte orders. The AMCON Act after, Decree 4 of the military era, is the most draconian law in Nigeria. Even the military was not as ruthless in the execution of their preconceived schemes, enabled by their decrees, as AMCON.
Today, hundreds of thousands of young able-bodied, educated and skilled Nigerians are on the streets either as a result of the decimated employment capacities of companies caused by AMCON incursions or businesses ran aground by the corporation. The AMCON style that brought the Nigerian economy to its knees, just like the cruel Godwin Emefiole Naira redesign policy.
Rather than clarify who paid for what, the NJC should organise trainings where their Lordships will benefit from the matured English and Wales jurisprudence and the British commercial courts system and others. After all, that system has rendered justice for Nigeria and Nigerians, including indictments, convictions and reparations in several cases involving multinationals, who operated in Nigeria and Nigerians who stole and hid Nigeria’s money abroad.
We should remember that, to do this good for Nigeria, the British judges didn’t have to attend trainings or seminars in Nigeria. We can reward our judges decently but not with a decoy training that will bring them to disrepute.
Engr Kukoyi, a geologist, works for a multinational in Ikoyi, Lagos