CJN can direct CJs to designate special courts for corruption cases-Sodipo

Professor Bankole Sodipo, is the former Dean, Faculty of Law, Babcock University, Ilisan-Remo, Ogun state. In this interview with PETER FOWOYO, he speaks on attaining the zenith of his career, the penultimate order by the CJN that all CJs should designate special courts for financial crimes and corruption cases, the National Judicial Council (NJC) and other sundry issues.

Some of your colleagues, especially in the academics have gotten to the zenith of their career as Senior Advocates of Nigeria, what is holding you back from applying?
For me, I never considered the position of a Senior Advocate of Nigeria as the zenith of my career but the way things are run in Nigeria today, there is that perception that it is the zenith of ones career because what it means is that if you are never made SAN, or you are never made a judge that suggests that you’re not a successful lawyer. I think that is wrong.

In some of the areas in which I practise law, I play a leading role locally and internationally and I’ve contentment. As a result, my clients are very happy with me locally and internationally.

That is why I look younger than all my colleagues because I have contentment. That, I think is the zenith. I mentor people, I make impact in court, I resolve issues for clients. That, I think is the role of a lawyer.

The issue of a Senior Advocate of Nigeria is something which I’m looking into because many young people and some members of the public don’t consider that you have reached that zenith, or you have achieved until you are one,

because of that it’s a good thing to apply for it, so that for those people they would realise that it is possible for anybody who is in my position to be able to get it.

Maybe if I’ve put my mind to get it in eight or 10 years ago I would have gotten it. I applied once or twice but maybe now I should focus on it.

If you say people have not reached the zenith or you use a yardstick then for judges you may say if you don’t become CJ or CJN, you have not reached the zenith of your career, if you don’t become a Court of Appeal or Supreme Court justices, you have not reached the zenith of your career.

I’m not sure it would be proper to say becoming a Senior Advocate of Nigeria, is the zenith because that would suggest that if five percent of lawyers would become SAN that means 95 percent of lawyers don’t get to the zenith of their career.

The Chief Justice of Nigeria, has ordered Chief Judges in the various states and the Federal High Court to create special courts for financial crimes and corruption cases. Does the CJN has such powers?
Nigeria is a federation and because of that there’s tendency or the temptation to argue that the CJN wouldn’t have powers to control state High Courts.

However, the way we run our federation, the CJN and the CJs of courts meet and it is in the interest of judicial system in Nigeria. The CJN being the leader of the judiciary in Nigeria has powers as first among equals to give directions for the judiciary and I believe that is what he has done.

The courts of record that have jurisdiction to adjudicate over corruption cases can designate particular judges in their courts. For instance, Lagos state courts are designating two judges in Ikeja, two judges in Lagos Island and they will be handling corruption cases.

The CJ of the Federal High Court can designate some particular judges to handle corruption cases so that they can grow expertise in this field and by enhancing judicial process so that things will be done quickly because of the expertise developed by the judges.

I wouldn’t say it’s unconstitutional, I wouldn’t say it is ultra vires, I would rather say it is the proper thing to do. Judges do not create courts, it is courts that have been created by statutes so that they can designate and I believe that that is what he has done.

But is designation of courts not different from creation of courts?
Well, it’s a nomenclature, the judiciary do not make laws. Courts are created by statutes.

It’s only the legislators that can do that so, where a judge says he’s going to create court, it means he is going to exercise powers under the law that has created the courts to do something because that is the only thing he can do.

It is the law that has created the courts but, the law does not necessarily say you cannot designate judges or create divisions like family divisions, land division, criminal division, the law does not say so.

Now, the CJN can urge his brother judges that look, I want you to create court for children, the CJ of that state cannot create court for children but,

if they have challenges with dealing with children matter the CJ can then designate judges to be handling children matters that is the only way his directive can work and that is what I believe he’s doing and people who don’t understand would think otherwise but judges understand themselves when they say I’m going to create court, they don’t create courts.

The CJN also said that lawyers who delayed cases would be sanctioned. Does the NJC has such powers?
Well, anywhere in the world, judges have powers to sanction lawyers ,the power often is an indirect power in the sense that they may not oversee bodies that are trying lawyers for misdemeanor or professional rules or ethics but,

they can report them and make a strong recommendation and where you appear before a judge and the judge says: ‘

I’m going to refer your matter to the body that will deal with you’, so where the CJN says I’m going to deal with lawyers, I’m going to sanction lawyers, what he is saying is that:’

I’m going to make the erring lawyers face what the rules of the profession say they have to face when they have done what is wrong.’

The reason for this, I believe, is that in foreign countries, for instance, you can’t appear before a court in England and be delaying the matter, they are going to ask you: ‘ are you sure?’ and ‘mind what you are saying’, ‘have you read this case?’,

alright I will overule you on this matter and I’m going to report you.’ Because of that lawyers don’t mess about, lawyers would tell their clients I value my name,

I do not want to lose my reputation or tarnish my image before the judges but, because judges are not doing it in Nigeria that is why many lawyers do misbehave.

Judges do have the powers to report lawyers in the conduct of cases before them.

There are calls for the National Judicial Council to be reformed, would you support such calls?
Recently, there was very embarrassing move by the DSS against some judges, I felt that move was uncalled for and arguably, unconstitutional because it was ultra vires on the part of the DSS.

But they were prompted to do that because they are frustrated by the slow process at the NJC, I think that is why some people are calling for reforms in the NJC.

I think the NJC is well constituted, the judges need to continue to shine a stronger spotlight on their processes so that any issue that is reported is dealt with swiftly,

once people have confidence in how these matters are dealt with by the NJC, nobody is going to call for any other organ to deal with reports about the conduct of judges.

Rather than saying the NJC be reconstituted, the decision making of the NJC in terms of time, is something we need to reform so that there is no delay, once there is a report to NJC about the conduct of judges.

How would you assess this government fight against corruption?
How many cases have been fought to the end and won, that is, conviction? I don’t have the statistics but, the little that I know and I I see is very discouraging, the question of whoever to be blamed or the government or the apparatus of government that is,

the agencies, EFCC, ICPC, etc because under the former government, how many judgments, convictions did it get? So it may be difficult to blame this government because it may be that there is weakness in the machinery of government.

However, I am concerned that evidence appears to suggest that some people are targeted as against all the people who are involved in corruption.

I think for somebody whom I voted for, this government need to do something about it because if nothing is done they may lose the credibility which they had in terms of support that brought Buhari, our leader into power.