
Plans for COVID-19 Justice System: Abubakar Malami is Out of Line – Prof. Chidi Odinkalu
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami announced that the necessity to prevent the spread of COVID-19 virus has led to, among other things, a nationwide closure of court rooms (save for certain exceptions). Hence, the urgent need for paradigm shift to adjust the judicial process to make for recovery of lost grounds occasioned by the lockdown.
Malami said, “As such the Office of the Attorney-General of the Federation and Minister of Justice, with support of relevant stakeholders, will see to considering the current realities and in adjusting to the times, therefore, we will work with the Judiciary at the Federal and the State levels to arrive at a workable mechanism for achieving better administration such as the Courts’ Administrative Processes, Regulation of Access to Court and even sitting arrangements during proceedings, tracking and retrieval of information from the courts, scheduling of court proceedings with strict time-allocation
Reacting to the minister’s comments, Prof. Chidi Anslem Odinkalu said, “Abubakar Malami is Attorney-General, not (yet) Chief Justice. What happens in the courts is outside his brief. That is the business of the Chief Justice, NJC and the Chiefs of the respective court systems.
He is in egregious error at best when he says “the judiciary should support the Presidential Task Force….” It is not the business of the judiciary to “support” anyone or task force. The judiciary holds the balance even in these times. The examples globally should make that clear:
“In Malawi, the courts quarantined a lockdown without palliatives
“In Zimbabwe, the courts forced govt to guarantee water in the major municipalities as a pre-condition for lockdown and to refrain from harassing journalists covering the lockdown.
“In Germany, the Constitutional Court has upheld the right to protest even amidst a pandemic
“In Wisconsin, the Supreme Court refused to defer an election
“In Kenya, the Court compelled the govt to recognise lawyers as essential workers.”
All these countries have measures against the pandemic. The courts were not supporting them. Rather, they were running interference, holding the balance on behalf of constitutional govt. That is how it has to be.
“I just don’t get what it is about these folks that makes them feel the need to have every institution – including those that they may need one day – suborned.
“It’s unfortunate that our systems are under the control of people who can’t be bothered about what they exist for. Malami just doesn’t seem to get it or doesn’t care,” Prof. Odinkalu concluded.

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