What breeds loss of judicial integrity, by Ilori

A former chief judge of Lagos, Justice Samuel Omotunde Ilori in this interview with YETUNDE AYOBAMI OJO bares his mind on the invasion of homes and arrest of judicial officers without the consent of the Chief Justice of Nigeria. He said the Chief Justice ought to have issued a bench warrant against the officials of the Department of Security Services (DSS), who carried out the act and concluded that the mode of appointment of judicial officers is the bane of the sector.

Do you agree with the argument that senior lawyers are the ones mainly offering bribe to judges?
The lawyer will not even dare approach a judge with money, what for? A lawyer to come and approach judges with money? There was a judge in Lagos. His classmate called him and said, where are you? The judge said he was in his house. Where is your house, his classmate asked, saying he wants to come and play with you.The judge said I don’t play I work. So the classmate actually found his house, but he didn’t go in there. So he went to his chambers in court and gave him a tubers of yam. He said this is what I got from farm. The judge said carry it and stay inside the court. When the judge came out, he said which case are you interested in, the man said I am not interested in any case. We were classmates and I just thought I should give you this.

The judge said did I tell you I am hungry?
Now pull your ear, carry your yam and go out. Once he did that to his classmate, you will not go near him. That was the judicial aura. At our time, judiciary integrity was maintained. But I think you have to look at the appointment of judges nowadays compared with then. Before anybody was appointed a judge in those days, the investigation is very wide, not as to mental capability or his legal capacity to be a judge. But to his integrity as a human being and once he is appointed, he is left alone. I think we are having the present problem maybe because that duty of having code of conduct for judges is lacking.

Some judges were appointed when you are in office, what were the criteria?
Before they were appointed, there was thorough inquiry not as to legal capacity, but to moral integrity. Does he go to party? Does he drink? You cannot appoint a drunkard as a judge. Is he a womanizer? You can’t have a judge who somebody will come to his court and say leave my wife alone. If you have that there is no judicial integrity. So I think the problem really is the appointment of judges.

Was there a situation where someone was dropped on the account of immorality in your days?
I wouldn’t know. But I know that at the time I was appointed, seven of us were to be sworn in but at the swearing in ceremony, they sworn in only four of us. The remaining three were dropped. Even after the swearing, they never came to bench. So whatever has befallen the judiciary now is more or less of the mode of appointment of the judges.

But a lot of people have argued that politician has actually corrupted judiciary?
Will any politician go near Justice J I.C Taylor’ s chambers? He was the one somebody brought yam to his office and he rejected it. Unless you can recreate and maintain that judicial personality, it will be difficult to solve the problem we have now.

What is your position on the midnight raid of judges’ homes?
Nobody will dare do that. Invade a judge’ home? What do you take a judge’s home for? A judge’ s home is an extension of his court. It is a part of his court. You can’t break into it. When you enter a judge’s home you say what? Who are you? It was never done throughout the time I was there and for many years after. You keep your distance. So it was a breed that is dying out. The way judges were treated at that time, was as if to say they are demi-gods who you don’t interfere with.

When you heard that DSS broke into some judges house, how did you feel?
I cried inside. That some people broke into judges home? That is the lowest realm of the judicial personality, judicial integrity can sink. Did they get the permission of the Chief Justice to say we are going to a judge’s house? Did the Chief Justice give his permission? Can you go to judges houses and say you want to do investigation without getting permission of the chief judge. You can’t!

But it happened. What does it portend for our democracy?
Look, without an independent judiciary, there can be no democracy. The judiciary is the root of any democratic government and once you uproot that root, there can’t be democracy. Judiciary is the hope of common man. It is the arm of government which everybody looks at. And no matter how old I am. If you get to that place you get justice.

At what point do you think we lost this aura?
Honestly, I cannot say. I remember when I was the Chief Judge, somebody came to my house with a Ghana must go bag of money. He came in and said he want to see the judge, when I came down, he said I brought this present to pay the school fee of your children. I said to pay my children school fees? I asked him again if that was his reason for coming to my house and he said yes. I then called the policeman to take him, before you get to police station, discipline him. Of course the news spread. So there is no smoke without fire, for DSS to go into judges house, they must have their reasons. We use to say don’t go near a palm oil seller if you wear white. In fact, there are some other judges people won’t go near. Even DSS would not dare it.

What does this portend? Some said the country is moving towards autocracy?
A Judge’s home is part of his court. Those who break in there is like they broke in to disrupt the court sitting. They didn’t consult the chief judge who is in charge, who would have warned them not to do it. And if they have any question to ask the judge, the chief judge will invite him to his chambers and be confronted and to be done with decorum. That is normal procedure.

How is life in retirement?
I thank God. He has been kind to me and after many years of retirement. I remember I was appointed a judge in 1980. I still feel strong and I thank God for his mercy.

How will you compare your time on the Bench to this period?
As I said earlier, I was appointed a judge in 1980. It was not under a military government. It was a civilian government, so judiciary has its integrity. It is an institution you don’t interfere with, the judges themselves have personal aura and integrity. The judiciary had an aura. You see, I must say that judges at that time maintained the judiciary the way it was. You never see a judge dancing at a party. No they don’t do it or people pasting money on the head of a judge or judge placing money before a drummer. Never! That wouldn’t happen. The judiciary was a revered institution and judges carried that integrity and reverence of the judiciary along with them. In fact, in some churches in those days, you have the judicial bench where the judges sit. So they don’t just go and sit among the congregation.

Nowadays I don’t know. You will see some judges dancing before an orchestra. Once you become a judge, you become some sort of demi-god, they call your my Lord, you carry some sort of integrity which you don’t drag in the mud. For people to be able to respect you and the judiciary and most importantly to be able to obey your order, that order must proceed from the mouth of somebody who has total integrity. Not somebody who danced together with you yesterday, or someone with whom I ate at a naming ceremony. You see, at the time, when you are appointed a judge, you are taken to the Supreme Court for education on code of conduct for judges. You will be trained about judicial etiquette.

You are reminded the way you met judiciary and warned not mess it up. I think that took about two weeks or so. In my time, we were addressed by judges with great integrity. It was late Justice Udo Udoma that conducted the training at that time. We had lessons conducted by late Justice J.I C Taylor. They maintain the sanctity of the judiciary. Like I said, even in churches they keep seat for them, and when they are going, people don’t move near them. In those days, judges are regarded as ‘orisa’ small god, you call them mylord anyway. That judicial personality is watered down, it has been adulterated and that is why we have the judiciary becoming what it is today.

The second thing is the method of appointment. You don’t just go and appoint rascals as judges and you think they will change immediately you appoint him. Or somebody who goes to dance ‘owanbe’ or eats in public. Judges don’t eat in public or dance in public. I remembered we went to a funeral ceremony of a judge’s in-law. When it was time for the judge to dance, everybody kept away, and he wasn’t dancing. I remember the drummer were saying ‘die die lolola njo, Olola o njo baun’ and everybody kept quiet for the five of ten minutes that he danced.