In a publication in The Punch, a former Executive Director of Civil Liberties Organisation in Nigeria, Olisa Agbakoba SAN, said it would be difficult to blame a poorly paid judge, whose mother has a terminal illness, for asking for help from friends.
“You don’t expect a judge, whose mother is dying, would be thinking about Code of Conduct. I don’t think so,” – Agbakoba.
But, in a reaction to this, another former Executive Director of Civil Liberties Organisation in Nigeria, Ms. Ayo Obe said:
“No, I wouldn’t expect a judge to “be thinking about Code of Conduct” when his mother is dying. I would expect his being to have been so thoroughly permeated with the Code of Conduct that he would not need to think about it. Compliance would be automatic.
But those whose being is permeated with the habit of accepting gifts from lawyers in direct contravention of the Code of Conduct would probably not think about it either. Why would they start now when they had long since jettisoned the idea of complying with it?
The idea of accepting money from lawyers who are litigants before him would not occur to the judge who started out with a mindset that the Code of Conduct for Judicial Officers is a document with meaning.
A judge who is facing financial challenges because of his dying mother might explain his situation to his Chief Judge and perhaps seek an advance or discretionary payment.
But when it is behaviour that contravenes the Code of Conduct that is automatic to him, then no, he would not “think” about the Code.
Some people say that the Bench cannot defend itself, and that the Bar must speak on its behalf. If this is the kind of defence that is to be offered on its behalf, I think it would be better for the Bar to remain silent.” – Ayo Obe