Judiciary must resist any attempt to be manipulated or it becomes a danger to democracy – Fagbemi

Judges must use the courts to scuttle all untoward actions of government in the same way they must work together with legislators to reject attempts to frustrate the government, in order to maintain stability of the society and common good for the citizens, Lateef Fagbemi, Attorney General of the Federation and Minister of Justice, said on Tuesday.

 

Specifically, he said courts must reject cases where private individuals attempt to disrupt government procurement procedures, as outlined in procurement laws or other governmental processes, by obtaining baseless injunctions, reports Whirlwindnews.

 

In a paper entitled: ‘Strengthening the Synergy between the Executive, Legislature, and Judiciary under the Rule of Law – Executive Perspective,’ at a refresher course for judges and Khadis in Abuja, Fagbemi, said: “It is my firm submission that the courts must continue to reject any attempt to be manipulated or employed by any individual or entity for personal benefit.

 

“In this regard, situations where private persons seeking to scuttle the government’s procurement procedures as provided in the procurement laws or other governmental processes, by approaching the courts to acquire spurious injunctions, should be rejected by the courts.

 

“On the other hand, the judiciary has the responsibility to pronounce on government processes or action(s) that are not in line with the law or in the interest of the advancement of society, thereby serving as a tool for socio-economic advancement.”

 

Stressing the need for the maintenance of the principle of separation of powers as a hallowed constitutional principle of the democratic government of Nigeria, the AGF said the three arms of government must stay in their assigned tracks to avoid arbitrary excesses by any of the arms.

 

Though he acknowledged that the constitution clearly provided for checks and balances, he argued however that the division of powers amongst the three arms of government is, was not absolute, and therefore called for stronger synergy among the three arms of government for the betterment of the country.

 

Hear him: “The need for synergy among the three arms of government cannot be over-emphasised. All the arms of government must see themselves as partners in progress. Without synergy and cooperation, the vision of our constitutional democracy is hardly achievable.

 

“Each arm must do all that is lawful to enhance the operation of government and no act must be done to undermine the vision of government and Nigeria as a democratic entity. The constitutional powers of the three arms of government overlap in some cases and each of them connects with the others at various points.

 

“It has been observed that the judiciary is often called upon to adjudicate on the relationship between two or even all three arms of government. All this must be done according to the rule of law. An independent and efficient court system is a cornerstone of the rule of law. Where the judiciary falters, that is a clear invitation to anarchy. This must never happened.

 

“In the same vein, the legislature must, at all times, work in such a way to help enhance the performance of the executive arm. This is so because virtually all the policies to be implemented by the executive in a democratic setting emanate from laws passed and/or to be passed by the legislature.

 

“Therefore, it is in the best interest of the system for the legislature not only to pass such laws that would boost the work of the executive, but they must also initiate such developmental bills and where existing laws are constituting impediments, efforts at amending same to achieve better results must quickly be embarked upon and seen to the conclusion in record time, it is only by so doing that the desired collaboration between both arms of government can be achieved.”

 

Fagbemi, while assuring that his office had the responsibility to ensure that the decisions of the courts were not only enforced but also cause a review of policies and governmental processes to align with extant laws, added: “The office is also available to address any lapses or other strategic issues that inhibit the judiciary from carrying out its constitutional functions.”