SPECIAL COURT FOR BANDITS?

It is not necessary. Judges should move with the times

Islamic Leader, Sheikh Ahmed Gumi, took his campaign for a solution to the challenge of banditry in the North West geo-political zone of the country to the South West penultimate week. His host this time was former President Olusegun Obasanjo. At the end of their meeting, the duo asked the federal government to “settle, rehabilitate and empower” bandits who are willing to surrender. The proposed idea is like the controversial programme being implemented for ‘repentant’ Boko Haram terrorists at huge cost.

We commend both Obasanjo and Gumi for their effort to tackle the myriad of security challenges confronting the nation. But we see no solution in their proposition for a special court for bandits and kidnappers. Criminals are criminals and they should be treated as such. However, we understand the reason behind the call. What is at stake is the issue of delay in the Nigerian court for which some issues would have to be addressed. It is for instance unacceptable that in this age and time, Nigerian courts are still denied the benefits of modern information technology necessary for the expeditious and quicker dispensation of justice. Records of proceedings and appeals are kept in untidy files which oftentimes get missing.

The main reason why it takes so long to decide a case is because the leadership of the judiciary has failed or is afraid to adopt new technology. Judges continue to take notes in longhand. In so doing, they punish themselves, they punish litigants and the society suffers. The question is, why do our judges want to write themselves to death? The answer is simple. It is common knowledge that unscrupulous judges derive benefit taking notes in longhand. It allows them to manipulate their records. Some high court judges have changed their records when summoned by the National Judicial Council (NJC). The only way to deprive judges the chance to tamper with their records is for court proceedings to be done electronically. Copies of the proceedings can be printed within minutes after the court session. Recording judicial proceeding electronically is a win-win situation for the country. Our judges will live longer. Litigants will have their cases decided on time. Cheating by judges will be reduced. This will in turn restore and boost confidence in the judicial system.

The judiciary should introduce electronic recording of courts’ proceeding otherwise the politicians will force them to do so. This is already happening. When politicians discovered that ‎litigation would not allow them to enjoy a secure tenure, they amended the constitution and imposed time limit within which election petitions must be decided. Section 285(6) and (7) of the 1999 Constitution (as amended) provides as follows: “An election tribunal shall deliver its judgement in writing within 180 days from the date of the filing of the petition”. A similar restriction placed by subsection (7) of Section 285 of the Constitution provides that “An appeal from a decision of the election tribunal or court shall be heard and disposed of within 60 days from the date of the delivery of judgment”.

Before the amendments, election cases and appeals took several years before conclusion. In most cases, the respondents (mostly the incumbents) would almost serve out their tenures when final judgements were delivered, as witnessed in Ekiti, Anambra, Osun and other states. The politicians simply seized the initiative from the judiciary. Today, our judges are labouring to comply with this onerous time limit on determination of election petitions. That is a problem they could have corrected by merely ending their rules of procedure.

Once these and other issues are addressed, criminal prosecution would not have to take forever to conclude. And there would be no need for a special court for bandits!