Nigerians must desist from casting aspersions on judiciary, says Olatunbosun
A Senior Advocate of Nigeria (SAN) and Professor of Law, Adeniyi Olatunbosun, has called on Nigerians not to cast aspersions on the judicial arm of government, saying it is the organ that is vested with the interpretation of laws.
He said while the public is entitled to form opinions about judgments, it must be done in a constructive manner.
The don, who is the Vice Chancellor of Kola-Daisi University, Ibadan (KDU-I), made the call in a chat with The Guardian, riticizeg that those who are not knowledgeable in law may not be able to give concise and precise criticism of a judgment.
The SAN, therefore, warned against derogatory comments on the judiciary in the name of riticizeg judgments.
He said: “While the public has the right to riticize the judgment of the Supreme Court, they must do it with all sense of responsibility without casting aspersions on the integrity and personality of judicial personnel that have delivered it, because those who are not knowledgeable in law may not be able to give concise and precise criticism of a judgment.
“Public opinion, at times, may not represent the true position of the law. When people are not trained as lawyers, whatever opinion they have may not represent the true position of the law.
“But, while the Supreme Court is the final judicial authority in law, its judgment is subject to evaluation and reassessment, especially from academia. Academics are in position, from their training in the knowledge of the law and justice system, to write papers and form opinions on some judgments that are perceived not to be the true intendment of the law.
“It must be analysed in a more scientific and professional way to show lapses if they exist and to suggest ways forward. It is not necessarily public condemnation. The public may not be on the same level as the judicial system.
“It is also good that public criticism serves as a watchword for the judiciary in ensuring that they do not go beyond their scope. This is because there is a difference between giving a judgment and giving justice. At times, judgment may be verdict according to law; it may not be judgment as social justice. What is important in an evolving society like ours is for the judiciary to ensure that judgments are given to meet the requirements of the law and satisfy social justice.”
He pointed out that many people who riticize court judgments are not trained lawyers.
Most of the time, he said, the comments are based on public perception of what they feel the judgment should be.
He added that for anybody to riticize judgments of the courts, the fellow should be trained as a lawyer or law teacher to understand the ratio of judgments.
He urged those who want to riticize court verdicts to go through the judgments before doing so.
The don said: “Irrespective of the opinion that people may form, there is the need for anyone who wants to be an analyst to read the judgment of the court, raise issues of law that require further elucidation, and supply the rationale for his position.”