By
Adoke
He spoke during a valedictory session in honour of retiring Justice Francis Tabai of the Supreme Court in Abuja.
Adoke said the public must avoid overheating the polity through the current debates on the desirability or otherwise of re-opening the issue bordering on the sharing formula.
“One notes with grave concern the recent deliberate attempt to resurrect this debate and elevate it to the level of urgent national issue,’’ Adoke said, adding that the matter had the potential to generate acrimonious wrangling within the polity.
According to him, the issue has been foreclosed in view of the judicial determination in the past.
He said the Supreme Court had ruled that the Principle of Derivation Act of 2004 was not in conflict with the 1999 Constitution.
“It is pertinent to remind all interest groups in the matter that it is too early in the day to forget that this esteemed court in the matter of A.G. Adamawa &21 ors v.A-G.Federation & 8 Ors (2005) 18 NWLR (part 958) 581 was invited to rule on the constitutionality or otherwise of the Allocation of Revenue (Abolition of a dichotomy in the Application of the Principle of Derivation) Act 2004.
“The court in a well reasoned judgment after benefitting from the submissions of some of our country’s finest legal minds reached the well-reasoned conclusion that the Act was not in conflict with the 1999 Constitution and was indeed properly made by the National Assembly to place the implementation of Section 162 of the 1999 Constitution on a more certain and predictable basis.
“In the light of the unanimous position of the Supreme Court on this issue, expressed since 2005, it behoves on us all to promote the sanctity of our judicial system by recognising that the pronouncement of this court should neither be treated with levity nor be subjected to undue politicization in the name of politics or the pursuit of particular”
The minister said: “It behoves on us all to promote the sanctity of our judicial system.
“Pronouncements of the courts should neither be treated with levity nor be subjected to undue politicisation in the name of politics or pursuit of particular interests.
“Our country faces several challenges today as we pursue the consolidation of our democracy and the triumph of the rule of law in all aspects of our national life.’’
Adoke described Justice Tabai “indeed an erudite jurist.’’
Chief Justice of Nigeria Justice Aloma Mariam Mukhtar, who presided over the ceremony, described Justice Tabai’s 39 years on the bench as meritorious.
Nigeria Bar Association (NBA) President Okey Wali, said Justice Tabai found divine satisfaction in his calling, adding that “he was an incorruptible judge indeed.
“Growing up, I always admired my Lord’s neatness in dressing and character and he, no doubt, was a source of inspiration to all lawyers.’’
Justice Tabai retired after attaining the mandatory age of 70 years on July 25.
An autobiography titled: “A Providential Judicial Path’’ was presented in his honour
Justice Tabai cautioned that the Judiciary cannot guarantee justice at all times.
Recalling a land dispute matter between two warring communities, Justice Tabai said: “I have seen that there are cases that the judicial process can’t administer justice”.
Stating that not all cases should go to court, he appealed to the executives to mediate in matters that could threaten peace between communities because judgments sometimes lead to bloodshed.
Sharing his experience on the controversial land dispute, Justice Tabai said the Judgment of the apex court that ceded the land back to the original owners sparked communal clashes, resulting in the deaths of some residents.
Despite the judgment, he said the trespassers are still occupying the land while the winners are in court pursuing enforcement.
According to him, “in matters like this, the decision of the court can hardly solve the problem. The executives should provide the answers. Strict enforcement of the court order can’t prevent bloodshed”.
SOURCE: 14 September 2012.
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