Career history of Chief Gabriel Giwa-Amu is that of selflessness, service, humanitarian service to the underpriviledged and victims of what he calls perversion of justice system. To his credit, therefore, are ex-inmates who had been thrown into and forgotten inside the overcrowded, stinking prisons for crimes of which they were not culpable. No fewer than 8000 inmates have since benefited from his kind heart through his Stephen Solomon Foundation, hence his nickname “the Prisoner’s Angel” and an array of awards as well as letters of gratitude by moved individuals, impressed groups and the appreciative Nigerian Correctional Service (NCS). In this no holds barred interview with TheTabloid.net, the Edo State-born, in his usual, sharp and fearless expression, advises government to strenghten the alternative dispute resolution to give justice to the vulnerable, the helpless of the society whose fundamental rights are grossly defiled. Excerpts
Justice system and Nigerian society. How has your experience been since you started legal practice?
You probably want me to write a thesis by this your question. When I was growing up, I actually wanted to be a teacher, a lecturer to impart knowledge and make people to be better But here I am in legal practice, to the grace of God. My summary of this subject of judicial system and Nigerian society is a piece of advice. I want to use your question to advise Nigerians not to rush to court to seek justice for their cases. They should tarry; not to be in a haste because they would be disappointed by what awaits them there.
How do you mean?
What I mean is what I just told you without ambiguity. The situation in our judiciary is a sorry case, to be mild. Our judiciary is at a lowest ebb. The era of integrity is gone. The era we had eminent jurists doing their works ethically and patriotically is gone. And this is quite unfortunate. What we have now is frustration, unimaginable frustration that makes you feel as if you were in another planet. Corruption has taken over everywhere and the souls of everyone. I should not even say a quarter of what I have seen in the course of my over three decades practice across the lenght and breadth of this country. I secured release of an inmate here in Lagos. About a month later, he was back in the prison in the North.
How?
The complainant, having got the news of his release, arrested him again and sent him to prison in the North. Luckily for him, I found out, met him and spoke with him. He told me his new story. I approached the prison authorities; they were shocked about my discovery. Let me reserve what happened afterwards. In this country, run away from trouble because you are not sure of justice you deserve.
Really?
It is even worse knowing that corruption has infested the intelligent. In other words, when you arm an intelligent with corruption, that is destruction; then all hope is lost because he will use his or her brilliance to manipulate and defend corruption fiercely and convincingly. Then, your right is turned against you and you become helpless.
Can you recall a particular reference that supports your this loss of hope?
If you permit me, I have much more than your space can accommodate. Imagine a case dragging for 15 years with parties in both sides and their children, who inherited the case, all dying. You enter a court, you are told that the court is not sitting. Just like that! It is that bad, a shame and hopeless. In fact, with your right at your disposal, you lose. I want to repeat that you use elders, clerics, clergymen and other alternative means to settle matter.
Really?
This is the situation in which we find ourselves. I think the flip side to it is that Lagos State Government is trying in encouraging and, in fact, giving a life to the Alternative Dispute Resolution (ADR). The state has set up institutions like Lagos Multi-Door Courthouse (LMDC), Lagos Court of Arbitration (LCA) and Citizens’ Mediation Bureau (CMB). What Lagos State is doing is what I mean. This is a way of being fair to all, especially the vulnerable of the society who lack sufficient resources and connection to slug it out with their influential opponents. Of course, I will always say equality is a myth but we should not use our weight to suppress others. The Ogun State Government too is trying to follow suite. But in that place, there is notoriety of fabrication of evidence to obtain judgement in the court. It is worrisome and dangerous to admnistration of justice. spoke with the state Attorney General and Commissioner for Justice about this.
What is the role of the police in this failed system because there is a claim if police alleged accomplicement in the rot?
It would surprise you that reverse is the case in the police, as regards this problem. Unlike what we witnessed in the distant past, from Inspector General Sunday Aranse, successive IGPs have made efforts to bring sanity to the police through importation of operational gadgets, vehicles and funding trainings of the personnel. They are trying to fill the gap created in the past. Of course, in all parts of the world, the provision can’t be 100% but I am telling you with every sense of responsibility that there are significant changes. The overhaul is gradual though, what we have seen so far is commendable.
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