THE BAR, THE BENCH AND THE JUDICIARY: EXPLORING THE DISTINCTIONS WITHIN THE LEGAL PROFESSION THAT MAY BE RESPONSIBLE FOR THE TERRIBLE STATE OF THE JUSTICE SECTOR. | Bayo Akinlade Esq.

I stumbled on a post on one of our lawyers' platforms that moved me to write this opinion.

The post said and I quote: "Judiciary should fight for itself. Carry its own cross, and reclaim its own dignity and respect. When elevated to the Bench, judges (former lawyers) don't even remember they were first lawyers (or once lawyers)... Lawyers should fight for themselves, while judges too should fight for themselves." 

I have heard this a lot from lots of lawyers and unfortunately, some judges feel the same way. As Chairman of NBA Ikorodu Branch from 2018 to 2020; I was told that I couldn't do this or that to improve the infrastructure of the judiciary in Ikorodu but everyone knows I am stubborn so I went ahead to use my position to do what I understood the NBA constitution mandated me to do which includes protecting the integrity of the judiciary which I understood to include supporting it's physical infrastructure.

MY RESPONSE TO THE POST

My response to the post was simple:

"Lawyers are still lawyers on the bench and when they finish serving, they come back to being lawyers. 

The distinction between the bar and the bench has been taken too far and frankly unnecessary.

The bench is a public service sector. Lawyers go there to serve the nation and are still part and parcel of the legal profession.

In my view, the failure of the judiciary is the failure of the Bar to understand the importance and relevance of it's role in strengthening the justice sector and part of that failure is caused by a notion that the Bar is distinct from the Bench in relation to responsibilities around the structure of the Judiciary.

The "Bench" should not be confused with the "judiciary" which is a third arm of government. To say that it is the responsibility of the "Bench" to ensure the independence and structure of the "judiciary" is to suggest that the citizens play no role in protecting the institution also known as the third arm of government. 

I hope we can understand these distinctions."

I know that there is more to this than the general comments I have stated above. But if Bar leaders and every lawyer can understand this basic truth, then I am confident that we will see a better and more vibrant judiciary.