President fared well in protecting judiciary from political influence – SAN

A Senior Advocate of Nigeria, Wahab Shittu, shares his thoughts with AYOOLA OLASUPO on how President Bola Tinubu has been able to uphold the rule of law within one year into his administration

How will you assess the administration of President Bola Tinubu’s compliance with the rule of law compared to the previous administration of former President Muhammadu Buhari?

Any assessment of the extent of President Tinubu’s compliance with the rule of law within the last 12 months must be made in the context of five principles of his administration outlined by the Minister of Information, Mohammed Idris, in particular and against the background of the fundamentals of democracy upon which any democratic government ought to be assessed.

The five principles of the administration cover; policies and actions that will attract long-term local and foreign investments to Nigeria, including rebuilding the credibility and capacity of the Central Bank and a robust tax infrastructure to lessen the burden on businesses; policies involving difficult decisions, such as the removal of fuel subsidy and multiple exchange rates, always bearing in mind that such decisions will cause temporary pain and take measures to assuage those in pains; policies and programmes that will provide targeted relief and benefits by way of grants, education loans, consumer credit, cash transfers, food and fertilizer distribution, and so on; the need to make necessary adjustments to policies, programmes, and decisions, where necessary, to accommodate public response.

Long waiting periods for trials and significant backlog of cases hinder access to justice and prolong the suffering of victims and their families, alleged corruption, bribery, nepotism, and other forms of corruption undermine the integrity of the justice system, eroding trust and fairness, outdated facilities, insufficient funding, and inadequate personnel hinder the efficient delivery of justice services. Many citizens, especially in rural areas, face barriers to accessing justice due to distance, cost, and lack of awareness.

Reports of human rights abuses, including torture and unlawful detention, continue to surface, highlighting the need for reform, inadequate forensic capabilities, poor investigation techniques, and ineffective prosecution strategies contribute to miscarriage of justice, overcrowding, and poor prison conditions: unsanitary and inhumane conditions in prisons, as well as overcrowding, pose significant challenges.

Some also talked about  politicians’ interference with court processes. What will you say about this?

Political interference and executive influence also undermine the independence and impartiality of the judiciary as well as archaic laws and procedures that need revision to align with international standards and contemporary realities, while perceived injustices, corruption, and inefficiencies erode public trust in the justice system, leading to disillusionment and disengagement.

The Tinubu administration through its proactive and visionary Attorney-General of the Federation, Lateef Fagbemi, has on behalf of the administration initiated far-reaching reforms encapsulated in the National Judicial Policy of the administration. In furtherance of this, the National Justice was convened by the Honourable Attorney General of the Federation, essentially to present and seek the adoption of the National Justice Policy by Government and non-government Justice Sector stakeholders. It remains to be seen whether the reforms stand a better chance of success.

Is there any progress so far?

We are making progress. It can be said as much as possible that the Tinubu’s administration has emphasised the overall importance of safeguarding the judiciary from political influence, for a fair and impartial justice system including revamping legal education to prioritise public interest litigation and ensuring broader access to justice to all Nigerians. The administration through the National Assembly is embarking on a comprehensive review of Nigeria’s constitution after 25 years of democracy to strengthen its democratic foundations and strengthen its efficacy as a democratic tool.

What special things do you think the President has done within his one year in office to sustain and promote the rule of law?

Judicial independence ensures the autonomy of the judiciary from other branches of government to uphold the rule of law and ensure fair adjudication, evaluating existing laws and regulations to identify areas needing reform or amendment to enhance access to justice and efficiency in legal processes, and developing strategies to combat corruption within the justice system and promote ethical conduct among judicial officers and legal practitioners, strengthening mechanisms to protect and promote human rights within the justice system, including safeguards against arbitrary detention, torture, and discrimination.

Battling the growing corruption is also one of the significant parts of his campaign promises. Has President Tinubu’s administration even delved into that yet?

There is also good news for cheer as President Tinubu sets out to launch the National Anti-Corruption Strategy in 2024, a move designed to combat corruption. The National Anti-Corruption Strategy in 2024 revolves around five pillars. These pillars include the Prevention of Corruption, Public Engagement, Campaign for Ethical Re-orientation, Enforcement and Sanction, and Recovery and Management of Proceeds of Crime.

There are also prospects for better days ahead considering upcoming activities highlighted by the HAGF, including the official launch by President Tinubu, engagement with governors and stakeholders, activation of the Anti-Corruption Funding Framework, legislative advocacy, and incorporation of the NACS into the strategic plans of relevant agencies. Additionally, Tinubu’s administration has demonstrated a commitment to tackling corruption within significant sectors, such as the banking industry.

The President appointed a special investigator to probe the Central Bank of Nigeria, which led to the dismissal of the boards and management of several banks due to regulatory non-compliance and corporate governance failures. This move is seen as a decisive action to clean up the financial sector and ensure adherence to financial laws. It has also focused on supporting existing anti-corruption institutions, like the Economic and Financial Crimes Commission and the Independent Corrupt Practices Commission.

By strengthening these bodies and ensuring they operate effectively, the President aims to reduce inefficiency and waste in government operations. These efforts indicate a strong commitment to fighting corruption, although the true impact of these initiatives will be clearer as they continue to be implemented and monitored over time.

How will you rate his performance concerning the independence of the judiciary under his administration, and is the judiciary not compromised?

The President has taken several steps to support the independence of the judiciary in Nigeria. Key among these efforts is the proposal to increase the salaries and allowances of judicial officers through the Judicial Office Holders (Salaries and Allowances, etc.) Bill 2024. This bill aims to update the remuneration of judges to reflect contemporary economic realities, improve their welfare, and reinforce the judiciary’s independence.

In addition to financial measures, Tinubu’s administration has also significantly increased the judiciary’s budget from N165bn to N342bn. This funding boost is intended to address longstanding issues of underfunding that have hampered the effective functioning of the judiciary. These actions reflect a clear commitment from Tinubu to strengthen the judiciary’s independence, which is a crucial pillar for upholding the rule of law in Nigeria.

What do you think has been the key priority of the President concerning the protection of human rights?

President Bola Tinubu’s administration has outlined several key priorities regarding the protection of human rights. These include improving internal security, fostering economic stability, and addressing systemic issues like poverty and inequality. The 2024 budget emphasises national defence, job creation, human capital development, and poverty reduction, which are intended to create a more stable and equitable society.

Human rights organisations, however, have raised concerns about the administration’s performance so far. Amnesty International criticised Tinubu for failing to uphold human rights and urged his government to address long-standing violations, ensure justice for victims, and investigate abuses by security forces. Human Rights Watch has also recommended specific measures, such as protecting freedom of expression, ensuring fair trials, and improving social safety nets.

These criticisms ought to be addressed and taken seriously. The administration should sustain its commitment to improving transparency, accountability, and the overall effectiveness of governance, with a particular focus on human capital development and economic growth as part of its broader agenda to renew hope in Nigeria.