Reps move to safeguard independence of judicial officers

The House of Representatives underscored the need to safeguard judicial independence and protect judicial officers from unwarranted intimidation , harassment and public vilification through social and broadcast media.

The resolution was sequel to the adoption of a motion by Rep. Ademorin Kuye (APC-Lagos) at plenary on Thursday.

Moving the motion earlier, Kuye said that the independence of the judiciary is a fundamental pillar of Nigeria’s constitutional democracy, the rule of law and the administration of justice, as guaranteed in the Constitution.

He said that judicial officers are constitutionally entrusted with the responsibility of interpreting the law, determining disputes and dispensing justice without fear, favour, affection or ill will.

According to him, some public commentators and legal practitioners attack judges personally rather than addressing the legal principles, reasoning, and findings in their judgments.

Kuye said Section 39 of the Constitution guarantees the right to freedom of expression, and the Press must be protected, including the right of citizens, journalists, and legal practitioners to scrutinise and criticise judicial decisions responsibly.

The lawmaker, however, said that there is a fundamental distinction between legitimate criticism of a judgment and personal attacks, threats, harassment or intimidation intended to undermine the integrity and independence of the judicial officer who delivered it.

“Concerned that social media platforms, online publications and broadcasting networks are increasingly being used to circulate unverified allegations, misleading interpretations and inflammatory commentaries about judicial proceedings and judgments.

“Sometimes without adequate examination of the court records, evidence, legal arguments or reasoning underpinning such decisions.

“Sustained campaigns of intimidation, harassment and personal vilification against judicial officers may weaken public confidence in the Judiciary, expose judges to undue pressure and undermine the Constitutional Principle of Separation of Powers.

“The National Judicial Council, the Body of Benchers and the Nigerian Bar Association have important constitutional and professional responsibilities in promoting judicial integrity, professional ethics and public confidence in the administration of justice.

“The protection of judicial independence is not intended to place Judges above accountability or legitimate scrutiny, but to ensure that Judicial Officers can discharge their constitutional responsibilities without unlawful intimidation, threats or external pressure,” he said.

The House urged the Federal Ministry of Justice and relevant institutions to promote public awareness of the constitutional and legal mechanisms available to litigants seeking redress against judicial decisions or alleged judicial misconduct.

It also urged the National Judicial Council (NJC) to strengthen its existing mechanisms for receiving, assessing and addressing credible complaints involving threats, harassment, intimidation and attempts to improperly influence Judicial Officers in the discharge of their duties.

The lawmakers called on the Body of Benchers and the Nigerian Bar Association (NBA) to reinforce professional standards and ethical responsibilities among Legal Practitioners, particularly regarding public statements and commentaries on pending cases.

They urged the associations to protect judicial proceedings and judgments by issuing appropriate professional guidance encouraging lawyers to express disagreement with judicial decisions through lawful, constructive, and professionally responsible channels, while discouraging personal attacks, intimidation, and abusive conduct against judicial officers.

The Green Chamber called on the National Broadcasting Commission (NBC) to strengthen compliance with applicable broadcasting standards by media organisations and presenters when discussing judicial proceedings and judgments.

The house urged the NBC to ensure fairness, accuracy, responsible reporting and respect for the administration of justice on electronic media programmes.

The reps further urged media organisations, journalists, political actors, and social media users to distinguish between legitimate criticism of judicial decisions and personal attacks that could intimidate judicial officers or undermine public confidence in the judiciary.

The parliament called on relevant law Enforcement Agencies to investigate credible reports of threats, harassment, incitement to violence, and other unlawful attempts to intimidate judicial officers, and to ensure appropriate legal action is taken where offences are established.

In his ruling, the Speaker of the House, Rep. Abbas Tajudeen, mandated the Committees on Judiciary and Human Rights to engage the NJC, Body of Benchers, Nigerian Bar Association, National Broadcasting Commission, Federal Ministry of Justice and other relevant stakeholders on the matter.

He directed the committees to examine practical measures to protect judicial officers from unlawful intimidation, harassment, and vilification while preserving constitutional freedoms and legitimate public scrutiny of judicial decisions, and to report within four weeks for further legislative action.