Human Rights Writers Association of Nigeria (HURIWA) has counselled a prominent lawyer and the Chief Justice of Nigeria to accept that public opinion is part of the constitutionally protected freedom of expression which must not be undermined, just as freedom of expression must never be muzzled to protect judicial elitism.

HURIWA was reacting to a recent statement by the Chief Justice of Nigeria, Justice Olukayode Ariwoola, that public opinion does not matter to the court system in Nigeria.

The Chief Justice of Nigeria, Justice Ariwoola, had said public opinions, no matter how serious or weighty, cannot supersede the provisions of the country’s constitution in the determination of legal disputes in court.

The CJN said judges have an obligation to follow the law when deciding cases.

Justice Ariwoola stated this on Wednesday after swearing in 23 newly-appointed judges of the Federal High Court. Among the new judges is the son of the CJN, Olukayode Ariwoola Jnr.

The rights group said the judgments by judges are to serve public good and since public good is deciphered through public opinion freely expressed by all and sundry were key to determining public interest, it therefore follows that judgments aren't written in void or for some extra-terrestrial beings higher than members of the public.

Besides, HURIWA’s media statement was sequel to the statement by erstwhile President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, who took exception to media and lawyers’ debates about the forged certificate from Chicago State University tendered to INEC by President Tinubu which was denied by the school before a United States magistrate.

Agbakoba (SAN), had called on the current President of the association to call out lawyers that breach rules of ethics of the profession by turning the media into a court of law over President Bola Tinubu’s alleged certificate forgery.

Presidential candidate of the Peoples Democratic Party (PDP) in the last elections, Atiku Abubakar, has been challenging Tinubu’s victory at the February 25 poll and the verdict of the election tribunal upholding the outcome of the vote.

Atiku had alleged that Tinubu’s academic records were fraught with discrepancies and forgeries; and as such, his request for the US court for the Northern District of Illinois to compel Chicago State University (CSU) to release Tinubu’s academic records was subsequently granted.

To this end, the former Vice President applied to file the academic records as fresh evidence at the Supreme Court.

However, there were heated debates in the mainstream and social media on whether or not Tinubu’s academic records were relevant to Atiku’s appeal and if the apex court would admit the fresh evidence.

Against this backdrop, Agbakoba, in a statement, said he was ashamed to see lawyers on national television arguing and debating the merits or demerits of the allegations.

The senior lawyer expressed displeasure with what he described as the cacophony of discordant voices on Tinubu and former Vice President Atiku Abubakar surrounding the controversy over the CSU records.

He warned that armchair lawyers were heating up Nigeria dangerously, urging people to keep their opinions and views to themselves while awaiting a decision from the Supreme Court.

“The cacophony of discordant voices on Tinubu/Atiku over the certificate matter is completely out of hand. This utter nonsense from armchair lawyers is heating up Nigeria dangerously. Please, can we keep our opinions and views to ourselves, awaiting a decision of the Supreme Court?

“I am so ashamed to see lawyers on television arguing one way or the other on the merits or demerits of the Chicago State University matter. This is most unhelpful! I call out all media that tolerate this nonsense of adjudicating the CSU matter on TV and newspapers.

“I urge the President of the Nigerian Bar Association to call out lawyers that breach rules of ethics by turning the media into a Court of Law.

“Can we please stop heating up our country!!! Let us allow the Supreme Court of Nigeria to make a judicial pronouncement which is binding on us all!!!! This public nonsense must stop,” Agbakoba was quoted as saying.

HURIWA however faulted the duo, stating that public opinion matters so much to all arms of government in a constitutional democracy just as the group said freedom of expression must never be muzzled, irrespective of which ever topic that was being discussed provided the debates serve public good.

HURIWA said: “For the avoidance of semantic doubts, we wish to call the attention of the Senior lawyer to the indubitably universal affirmation which states that ‘Freedom of expression is the freedom for us all to express ourselves. It is the right to speak, to be heard, and to participate in political, artistic, and social life. It also includes the ‘right to know’: the right to seek, receive, and share information through any media. When you share your views or seek out information, online or off, you’re exercising your right to freedom of expression.”

The rights group, quoting from a legal literature, reminds Chief Agbakoba thus: “When citizens, through public conversations, criticise our government for not living up to its promises, you’re exercising your right to freedom of expression. When you question or debate religious, political, social, or cultural practices, you’re exercising your right to freedom of expression. When you attend a peaceful protest, or organise one, you’re exercising your right to freedom of expression. When you create a work of art, you’re exercising your right to freedom of expression. When you comment on a news article – whether you’re supporting it or criticising it – you’re exercising your right to freedom of expression. And when the journalist published that article, so was she.”

The group added that, “Freedom of expression is fundamental to political dissent, diverse cultural expression, creativity and innovation, as well as the development of one’s personality through self-expression. Freedom of expression enables dialogue, builds understanding, and increases public knowledge. When we can freely exchange ideas and information, our knowledge improves, which benefits our communities and societies. Freedom of expression also enables us to question our governments, which helps to keep them accountable.”

HURIWA expressed strong reservations “that such a respected national human rights icon in the person of Olisa Agbakoba is associated with such a draconian advisory to the NBA President to sanction lawyers in this 21st Century for speaking out on an issue of such a strategic place such as a President parading a forged certificate of a foreign university. It is a sacrilege to try to stop the media from such public interest debates.”

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