In as much as the practice of separation powers and that of checks and balances provide for clear divisions and checks among and within the three organs of government (Executive-Legislature-Judiciary) in constitutional democracy, this practice has to be guided by due process and respect for the constitutional independence of each of the organs. This provision has been reechoed and strengthened by the recent stance of Governor Hyacinth Alia of Benue State.
The straightforwardness of Governor Hyacinth Alia,with particular reference to the recent Legislature-Judiciary impasse in Benue State,clearly depicts his belief in promoting harmony among the organs of government,hence the practice of separation of power as a necessary tool in ensuring public confidence,trust and efficiency in government. Suffice to mention that the a healthy practice of checks and balances in any modern society remains a fundamental characteristic for democratic sustainability,good governance, protection of rights of citizens and political stability.
It is worthy of note,and possibly,commendations to Governor Hyacinth Alia for averting what would have ordinarily resulted into flammable and prolonged constitutional crises,chaos and political instability in the state. Givernor Alia’s recent reaffirmation and further acknowledgment of the imperativeness of the independence of the judiciary by maintaining a clear distance from the actions of some Benue State House of Assembly members against the Chief Judge of the state,is an unbridled demonstration of a democratic spirit by a responsible leader.
Indeed,the monumental pronouncement/declaration by the Governor on national TV that he never approved for the removal of the Chief Judge Benue State,Justice Maurice Ikpambese,delivers a message of his avowed conformity to the practice of due process in government and in strengthening the confidence of the common man in government and the state.
Governor Alia believes absolutely that the existence of a truly independent judiciary is a proof of the existence of a good state. As it is one of the hallmarks of a civilized political community under his political leadership in the state. Indeed,there is no better test of the excellence of a government than the efficiency of its judicial system,which Governor Hyacinth Alia has further protected by distancing himself from the purportedly removal of the Chief Judge of Benue State.
In light of the above,we wish to use this opportunity to call and plead with members and workers of the judiciary in Benue State,to kindly reconsider their position on the ongoing industrial action in the judicial sector,with a view to complimenting Govenor Alia’s commitment to safeguarding the independence of the judiciary and that protecting the interest of the common man. We therefore call for the suspension of the ongoing strike by judicial workers,possibly resume back to work, given that the government is well committed to safeguarding the welfare of judicial workers. Governor Alia is no doubt that an improved service welfare of judicial workers is sine qua non in guaranteeing its independence and efficiency, and he is committed to it.
Additionally,while I congratulate the Chief Judge in the face of everything,I wish to observe and state that judicial workers should rejig their efforts of resistance to the temptations of involving or engaging in a variety of public or political activities so as to sustain trust,confidence and hope in the justice system. It is ordinarily required that judges and judicial should avoid public and political contacts,alliances and interactions so that they can keep themselves immune from public pressures,which are capable of making them compromise their duties in the application of the principles of justice,equity and fairness as encapsulated in the principle of Judicial Impartiality. This point reinforces the the fact that in the event of such occurrence, an entire justice system of a state is likely to fall prey to temptations of social courtesy which the people may cultivate for their own ends as against a just, peaceful and stable society.
While we pray that the recent happenings between the Legislature and the Judiciary in Benue State should serve as a lesson and reminder of the critical,independent and complimentary roles of each of the organs of government—Executive,Legislature and Judiciary,in the management,administration and stability of any society,let us bear in our minds that the overall interest of the citizenry forms the basis and philosophy behind the formation and existence of a state.
Dr. Mkor Aondona Donatus writes as the Special Adviser on Research,Documentation and Strategy to the Executive Governor
