Justice Tanko Ibrahim and His 'Joking' Answer to Senator Abaribe's Question on Technicality.
Some Nigerians online has reacted to the response of the newly Sworn in Chief Justice of Nigeria, Justice Tanko Ibrahim.
A response by a Nigerian reads thus;
Distinguished colleagues, I just finished seeing the YouTube video showing a section of the CJN screening by the Senate, where the CJN was asked by Distinguished Senator Enyinnaya Abaribe, what his philosophy of the Supreme Court would be, after the Senator cited two conflicting SC authorities on where the Supreme Court held that technicality should not be allowed to defeat the essence of justice and another recent one where the Supreme Court, perceivably, resorted to technicality in avoiding going into the merit of a case.
I am trying my best to make something out of what my lord proffered as an answer to the question.
This is what he has to say- Chief Justice of Nigeria.
Tanko defined a technicality as something technical and went ahead to compare a technicality with the inability of a judge to effectively fly an aeroplane.
The CJN, however, failed to say if the apex court under him would ensure that the need to ensure that justice is served would supersede mere technicalities.
He said, “Permit me distinguished senators to ask what a technicality is? It is something which is technical. By definition, it is something that is not usual and may sometimes defy all the norms known to a normal thing. Now, we have technicalities in our laws and this is because these laws we have inherited were from the British.
“The British people centuries ago introduced what is known as technicalities in their laws. Now, if something is technical, it is giving a leeway for double interpretation. It may be interpreted in one way by Mr A and another way by Mr B.
“Now, if something which is technical comes before the court, what we do in trial courts is to ask people who are experts in that field to come and testify. We rely on their testimony because they are experts in that field.
“Ask me anything about an aeroplane, I don’t know; ask me to drive an aeroplane (sic), I am sure if you are a passenger and they told you that the flight is going to be driven (sic) by Honourable Justice Ibrahim Tanko, I am sure you will get out of the plane because it is something that requires technicality and if I have any technicality, my technicality will only be limited to law. Therefore, it is something that has to do with the perception or the way you will be able to achieve the goals you want to achieve.”
An attempt by Tanko to answer another question bordering on the interpretation of the constitutional powers of the executive and legislative arms of government was also blocked by the Senate President, Ahmed Lawan, fuelling speculations that Lawan was a lackey of the President.
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