Press Releases

Fashola Presides At Swearing In Of Seven New High Court Judges
…Says Judicial system must continue to uphold rights of the people

Sep 2, 2010 - The capacity of the Lagos judiciary was on Thursday boosted with additional seven High Court Judges as the State Governor, Mr Babatunde Fashola (SAN) presided over the administration of oath of office on the new Judges.

Speaking at a colourful ceremony held at Adeyemi Bero Auditorium, Alausa and which had in attendance serving and retired judges, members of the inner bar and relations of the new appointees, Governor Fashola expressed confidence that the judicial system will continue to uphold the rights of the people and ensure a healthy and fair balance between individual rights and the public interest.

"Let us remain united in working towards the best interest of people of Lagos State", he said.

The Governor described the occasion as another milestone in the journey to enhance the quality of life of the people through credible and efficient administration of justice which is also one of the great events of constitutional democracy.

Said he: "Your Lordships join the Lagos State Judiciary- the pride of trial courts in Africa; a beacon of leadership in justice delivery and the largest contributor to legal jurisprudence at the trial court level in Nigeria".

He noted that the judiciary is the instrument of social equilibrium in any constitutional democracy as it is also the bridge between conflict and order; the thread of hope to the hopeless and the ultimate arbiter of competing claims.

The Governor who revealed that with the addition of the new judges, the number of judges in the Lagos State judiciary is now 56- the highest nationwide, added that judges in Lagos are always tasked by members of the bar because the most sophisticated legal practice in the country takes place in Lagos State.

While advocating that the case for more judges for the Lagos bench can never be too strongly made as the economy and the population continue to grow, Governor Fashola said: "If we are not to slide back to the days of court congestion, the capacity of judges per litigant must be increased even as the State continues to pursue automation and technology to improve efficiency".

Governor Fashola affirmed that by virtue of the delicate process through which judges are appointed which is through an elected Governor in a state, they are indirectly selected by the public and are expected to be answerable to the public.

According to the Governor, justice would be meaningless if it does not serve the needs of the public, in the same way that natural justice must accord with our common notions of equity and fairness, adding, justice is not rendered for the sake of the law but for the sake of the people.

While quoting from the often cited dicta in R v. Sussex Justices Ex Parte McCarthy (1923) All ER 233 which is cited with approval in several Nigerian Supreme Court judgments to the effect that "…justice should be manifestly and undoubtedly be seen to be done", Governor Fashola explained that what this means is that justice must be recognized by the public as present in the judgments of the courts. Such judgments, he said, must inspire public confidence and meet with the wide and general endorsement of right thinking men and women and not merely the whim or belief of one person.

He said one of the most daunting tasks confronting a judge in the exercise of judicial powers is how to maintain a delicate balance between individual rights either in the context of civil or criminal matters and public interest.

Governor Fashola noted that one area where this task is more profound is in the area of private property rights vis- a-vis the public interest manifested in infrastructural and urban renewal projects.

"While our Constitution recognizes the superiority of public interest over private interests and provide for a process of compulsory acquisition and compensation, the matter can become more challenging. As in all cases, the ultimate test in my view should be what will bring the greatest good or benefit to the greatest number of citizens", he said.

The Lagos State Governor while praying that God grant the new appointees the strength and courage to fulfill the onerous demands of the judicial oath administered on them added: "Courage does not mean the absence of fear; on the contrary, it means the ability to continue with quiet dignity on the path of truth and rectitude, inspite of those fears".

Speaking earlier while presenting the newly appointed judges, the Chief Judge of Lagos State, Honourable Justice Inumidun Akande reminded them of the need to diligently commit their minds to the spirit and letters of their oath of office.

She charged them to conduct themselves in a manner that will inspire public confidence and erase the notion of partiality of any kind as people are watching while also urging them to strictly adhere to the code of conduct to sustain the independence of the judiciary.

"I enjoin you to shun every act of corruption and all temptations that tend towards corrupt practices. The fear of God must always be at the centre of your activities, knowing fully well that God Almighty is the ultimate judge", Honourable Justice Akande added.

Also speaking, Attorney General and Commissioner for Justice, Mr Supo Sasore (SAN) commended the high level of co-operation existing between the Bar and the Bench in Lagos State especially in the process that led to the latest appointments.

The Attorney General lamented a situation where some counsels have turned the process of appealing against judgments of high courts to mere reflex action thus placing less value on the exalted decisions of the high courts of law.

He said on the contrary many judgments by High Courts in the State are upheld by the Court of Appeal and the Supreme Court where an aggregate of eight Justices preside thus giving credence to the postulation that one head may be better than eight.

Mr Sasore gave a commitment that the Ministry would always foster the commitment to the growth and development of the law by ensuring that the guilty are punished while the society is secured.

The newly appointed judges are Honourable Justice Mariam Olajumoke Emeya, Hon. Justice Ibironke Olatunbosun Harrison, Hon Justice Christopher Ayodeji Balogun, Hon. Justice Kafeel Omobolaji Dawodu, Hon. Justice Latifat Atinuke Fadeke Oluyemi, Hon, Justice Latifat Abiola Morayo Folami and Hon. Justice Olubunmi Olutoyin Femi-Adeniyi.

The ceremony was attended by members of the State Executive Council, some members of the State House of Assembly, Oba of Lagos, Oba Rilwan Aremu Osuolale Akiolu I, Commissioner of Police Mr Marvel Akpoyibo, the Convener of the Save Nigeria Group, Pastor Tunde Bakare and many other dignitaries from all walks of life.