Jurisprudence Fatigue Syndrome

 

The judgment delivered by Justice Inyang Ekwo of the Federal High Court, Abuja sacking the Governor and Deputy Governor of Ebonyi State, in my opinion, is not only unconscionable but scandalous given the avalanche of legal precedents on the matter. Yes, cases may differ but the peculiarities of each case to a large extent determine the precedent to be followed. And in this case, the AG, Federation v. Atiku Abubakar (2007) 10 NWLR would suffice. So, what would have been responsible for such legal gymnastics? 

Several learned commentators have expressed their disappointments and opinions on the judgment, especially why it would be easier for a camel to pass through the eye of a needle than for the judgment to survive the scrutiny of the appellate court. However, what most commentators across all media failed to intellectualize is the mental health and psychological disposition of the learned judge who delivered the judgment induced by work-related stress. That's the ankle I would explore in this exposition.

From my investigation, our judges are not only overburdened but are also put under pressure by our politicians. Undoubtedly, this is bound to have adverse effects on their emotional, psychological, and social well-being. This is the major cause of what I have termed jurisprudence fatigue syndrome-a condition whereby a judge doesn't exhaust all previous legal precedents on a case before delivering judgment due to excess workload and external pressure. 

As a matter of fact and matters of pure opinion, jurisprudence fatigue syndrome is increasingly becoming a recognized factor for bad judgment by judges at the lower courts. In the light of this, shouldn't the delivery of judgment whilst fatigued be a punishable offense because of the consequences of such judgment on the party who loses the case and the judiciary, in general? Although such skewed judgments would be set aside by the appellate court at a future date, the damage it may have caused cannot be overemphasized.

 For me, no matter how the case is finally decided by the appellant court, Justice Ekwo’s judgment has put the issue of jurisprudence fatigue syndrome in the spotlight. And the earlier we address it the better for all of us.

In this regard, we need to overhaul our judiciary system by creating specialized courts, appointing more competent judges, and introducing a technologically based judgment repository for judges to aid their review of past judgments.

Felix Akpan Ph.D

lixzito@yahoo.co.uk