Exploitation of the judicial system should not go unsanctioned

Jul 17, 2019 Letters

DEAR EDITOR,

By now, it should have drawn on the judicial system that the meritless challenge of the No-Confidence Motion (NCM) by APNU-AFC’s attorneys who are also Members of Parliament was an abuse of the process. That such misuse was intended to insult and impinge the integrity and the independence of the judges, and courts and here is why. APNU-AFC more so AFC, conceded to the NCM on December 21, 2018, concurred later with CCJ ruling that NCM was validly adopted. Despite its confirmation of NCM, yet it decided to test the fairness of the courts by bringing a false claim. Unless some kind of penalty is imposed against ANPU-AFC for this judicial fraud then it will send a clear message that such corruption is an entitlement of government officials. APNU-AFC knowingly made the court a public nuisance to promote political and/or private agenda by engaging the court in a blatant abuse, which should not be taken lightly.
Absence of any punishment will show scant respect for the judges and make a mockery of the judicial system. This intentionally and maliciously act to defraud justice was a candid attack on the judges’ qualifications and their oath of office. It was also a direct attack on the judges’ sovereignty and the judicial machine. Appropriate admonishment must be taken to reduce the public negative perception that the judicial system is a political tool that violates their rights of equality justice guaranteed by the constitution. This kind of perversion undermined the trust and confidence between civil society and the judiciary. The judicial exploitation itself speaks volume of the judges’ characters and their impartiality. The behaviour of APNU-AFC attested to gross contempt for the courts and a genuine disrespect for the judges’ ethical standard. The judges must find this embarrassment and very distasteful since it gave the impression that they were distracters and/or errors to justice. APNU-AFC definitely impaired public confidence in the administration of justice and put the judges’ fairness in a dubious situation. If the courts allowed this kind of fraud to stand, then it is adopting its own resistant to be impartial which vitiates the entire judicial machinery and voids its purpose.
APNU-AFC knowingly used this frivolous claim to corrupt the system and to show the incompetence of the judges which failed to meet minimum standards of judicial ethical integrity. This again necessitates sanction, unless this unethical behavior sits well with the courts. The courts and its officers should not be used for improper purposes if people should have faith and trust in the system. To demonstrate that the courts owed no allegiance to any government/party or person but to the rule of law proper action must be taken against APNU-AFC’s attorneys, if not, the independence of the court is threatened and in jeopardy and the judges’ morality and integrity are diminished. The absence of disciplinary action will set no boundaries between corruption and independence on the ethical integrity of the judiciary. This will prevent the courts to function effectively and fairly and the judges will be considered unfit for the office.
The sanction will send a clear, convincing, and compelling message that the judiciary will not tolerate the seduction of judges, by public or private parties.

Respectfully,
Bobby Gossai, PhD, J.D
Professor and Attorney

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