In all sane societies, ancient and modern, Judges are in a class of their own. Indeed, their position in the human society and from time immemorial, had been considered so important and even sacred that they are often referred to as “priests in the Temple of Justice.”
Upon deep and sober reflection, this epithet best describes the roles and responsibilities of a judge in the community of humankind. One can only begin to appreciate the sacredness of the position of the Judge when one gives some thought to the concept of Justice itself.
What is justice? From where does it emanate? And how does the principle of justice upHold the survival and prosperity of a society?
Justice has a Divine origin. It is an attribute of God and represents that pillar which upholds the Divine order of God’s entire Creation. Thus, Justice emanated from the Godhead Himself, the Creator of all things and It is the Executive arm of the omnipotent God which had existed from eternity for the purpose of unswervingly maintaining order and balance in God’s Creation.
At the human and earthly level, Justice is usually understood to mean fairness, equity or righteousness. Hence for the purpose of promoting peace, concord and amity in any human society, be it village, community, kingdom or empire, leaders are always enjoined to observe the principle of Justice, that is to rule or govern on the basis of fairness, equity and righteousness.
This is because thinking people throughout the ages had discovered that Justice is the only basis for peace, concord and happiness in the human society.
It is therefore for this reason that most countries today have designated some of their best citizens as judges and magistrates to preside over their systems of administration of Justice. Most modern nations take the required pains to ensure that their citizens who are so designated to superintend over their Justice systems are worthy of the assignment.
And frankly speaking, judging by the lofty concept of Justice as earlier mentioned and its fundamental place in the Creation of a stable, peaceful and prosperous nation, it is an onerous assignment. In order to succeed in this assignment, one requires vast knowledge of human nature and history, of law and philosophy and above all, that level of wisdom that derives from deep spirituality.
This is perhaps the reason why the occupiers of this high office are sometimes referred to as “priests in the Temple of Justice.”
As Africans, we know that a priest is the human representative of the gods on earth. He is the important intermediary between the gods and man and no earthly man, not even a king, dares joke with the priest’s messages from the gods.
This is the status that our modern magistrates and judges should occupy in our country today. By their learning, wisdom and conduct, they should not only command societal respect, they should also, by their official adjudications and pronouncements, constitute positive force for societal peace and progress.
But regrettably, what is the state of our “priests” and the “Temple of Justice” over which they superintend today in Nigeria? Parlous, to say the least! The stench emanating from the “Temple” of recent is nauseating and this is because of the priests’ contamination.
In the days of our fore-fathers, if a priest dared contaminate the Temple of the gods, the consequences were grave and swift. But today, things are no longer the same, and any wonder then that the entire nation has sunk into the cesspit of corruption and the environment overtaken by its putrefying stench which now threatens to suffocate the nation.
How did we as a nation arrive at this sorry pass? We probably get to this shameful state because we cannot appreciate the lofty concept of Justice and its role in promoting societal peace, harmony and progress. Hence we drag down the noble idea to our own low pedestal where it is faked and bastardised. The direct result is the rotten and dysfunctional judiciary that we currently witness in Nigeria.
If the recent events in the judicial augean stable has sufficiently jolted us to our unacceptable circumstance and we are now willing and ready to make amends, then we must do first thing first. We must realise that not every lawyer has what it takes to be a judge in the real sense of the word.
In other words, our present method of elevating people from the bar to the bench is faulty and inimical to the lofty concept of Justice. Rather, the process should be most painstaking and rigorous with a view to ensuring that anyone who has successfully passed through the process is truly worthy in learning, courage and character.
And it is not as if we as a nation had not been advised to this effect early enough, it is just that our country had not been blessed with the calibre of strong and perceptive leadership that can rise to momentous occasions.
More than forty years ago for instance, one of the foremost nationalists and founding fathers of Nigeria in one of his literary works wrote: “If we had our way, we would insist that no one without a good knowledge of Mathematics, or Logic and Methodology, and Psychology, in addition to his professional qualifications, should be elevated to the bench.
…The court as an organ of the state is sui generis. It is the citizen’s bulwark of last resort against the tyranny and unconstitutionality of the Executive and Legislature, and against illegitimate invasion of, or arbitrary threat to, his rights, liberty, property, and life, from any quarter whatsoever. Those who are posted to protect this bulwark against violation must possess the finest intelectual and moral equipment.”
This is only one of the many pieces of advice to the nation by this political avatar. But for almost half a century, what have we made of such pieces of wisdom? Absolutely nothing.
Now that the chicks are coming home to roost, we must be courageous enough to look into the mirror to confront our true reflections because that is where our problems lie as a nation.
