The Oleh branch of the Nigeria Bar Association in its
annual law week held recently at Oleh, headquarters of Isoko South
Local Government Area of Delta state brought together elite members
of the bar and bench in Delta state and beyond. The Oleh NBA during
the occasion canvassed for “judicial autonomy as basis for
effective justice administration and social order” which was the
theme of the branch’s Law week activities.
Prosper A. Ezo, the chairman of the branch, in his welcome
address noted that it was with deep sense of responsibility and
commitment to the noble ideals of the association that his branch
had chosen to address issues concerning the theme.
According to him, there is generally an acceptance of the
Judiciary as an arm of government co-existing in that respect with
other arms of Government, such as the Executive and the
Legislature. Much as the Executive and the Legislature enjoy their
financial independence, both at the Federal and State level, such
cannot be rightfully said about the judiciary. Why then is this so?
What are the attendant implications of this to the overall
development of justice sector and to the country?
“The Constitution of the Federal Republic of Nigeria in its
chapter 2 provides as to social objectives to be attained by the
state as contained in section 17(1) of the Constitution expressly
provides that the state social order is founded on ideals of
freedom, equality and justice.
While section 17(2) of the Constitution therefore provides that
every citizen shall have equality of right, obligations and
opportunities before the law. The sanctity of human person shall be
recognized and human dignity shall be maintained and enhanced.
Government actions shall be humane. Human or natural resources in
any form whatsoever for reason other than the good of the community
shall be prevented, and the independence and impartiality of courts
of law and easy accessibility thereto shall be secured and
maintained.
“Today’s event is to stimulate a robust discourse on how well
Nigeria as a nation state has carried on in the aspect of attaining
the social objectives enshrined in the Constitution. Can the
Judiciary, truly be appreciated and allowed to take its pride of
place as an arm of government efficiently lend a hand in the
attainment of these lofty provisions on social order?
“Now with the spate of Kidnapping, Armed Robbery, menace of
herdsmen; and the recent and
incessant clamour for restructuring; no doubt a discourse on a
theme of this nature is apt and worthwhile to us a people not for
anything but to enthrone an egalitarian society.
“In our view to leave unarticulated issues pertaining to the
theme of today’s event is to
invite anarchy and chaos in the Nigeria polity, such that may
lead to civil strife and a possible disintegration of the Nigerian
state. Additionally, the judiciary, which generally has been
accepted as an arm of government, will continue to be marginalized
leaving our noble Lords in the precipice of despair, agony and
frustration over that rightly could be perceived as a right
guaranteed under the
Constitution. It is our resolve to leave the profession and
indeed our dear country better than we met it
hence the theme of today’s event. In the words of late
Christopher Alexander Sapara Williams (1885 – 1915) the first
indigenous Nigerian lawyer:
“The legal practitioner lives for the direction of his people
and the advancement of the cause of his country” he recalled. Ezo
also pointed out that the demand for judicial autonomy has been
long,, averring that it will be pretentious of his branch to
consider the theme and event of the day as a novel point or one
being brought to the front burner for the first time, Eminent
Nigerians, Legal Practitioners, Jurist as well as the media; at
various times and places had raised point especially on the need to
have the judiciary take its pride of place as an arm of government,
adding, “I crave my Lord’s indulgence to recount just but a few of
the position put forward by these eminent citizens of Nigeria:
According to him, in his acceptance speech in the year 2001, the
Legal Practitioners Privileges Committee appointed 12 legal
practitioners as members of the Inner Bar. Prominent amongst them
are Chief Gani Fawehinmi, now of blessed memory. Chief Albert A.
Akpomudje, who is here with us today as the Key Note Address
Speaker; A. B. Mahmoud, incumbent President of our Association;
Akintola M.l Adeniyi of the Ibadan Bar and Mrs. O. A. Adekoya of
theLagos Bar.Chief Gani Fawehinmi at the swearing in ceremony by
the Chief Justice of Nigeria on Monday 10th September 2001 made a
speech entitled: “The way the law should go”, on behalf of all the
awardees. The speech is a 40 page pictorial narration of the sordid
and sorry state of the Nigeria judiciary – the dilapidated state of
most of the courtrooms, judges low remuneration and poor working
environment and the abysmal budgeting allocation to the judiciary.
Indeed of the dearth in the human and infrastructural development
of the judiciary.
The learned Senior Advocate and civil society activist (as he
then was) has it well expressed at page 3 of the speech as
follows:
“Our judiciary which is constitutionally charged with the
responsibility of dispensing justice is in a pitiable state of
gross regret. The irony of it all is that it is the judiciary that
has been the most stable before and after independence, amongst all
the arms of government since Nigeria had its first dose of military
coup on the 15th day of January 1966 with repetitions in July 1966,
July 1975, December 1983, August 1985, August 1993, November 1993
and June 1998. It is only the judiciary that has never been
dissolved or sacked, hence the consistent stability of the
mechanism for dispensing justice in the polity.
Though it is appreciated by both the Executive and Legislative
arms of the government that the judiciary which is the instrument
for resolving dispute in the polity engenders peace more than other
institutions, a
study or analysis of the funding of the Judiciary since 1960 to
date a period of 42 years depicts a total lack of regard for the
indispensability of the judiciary in the country”.
Chief Gani Fawehinmi also had it well expressed at page 6 of the
Speech as follows: “In many states of the federation court
buildings are collapsing. The ceiling of many is caving in while
one can sit in some courts and be drenched by rain. In some courts
snakes and other dangerous reptiles predominate. Many of the court
in the rural areas in many of the states can best be described as
pigsty.The environment in many court rooms in most part of Nigeria
, north, east, south and west, is hot and stuffy. There are no fans
or air-conditioners in many cases. The few cases where they are
available there is no power. Few of them that have generating sets
cannot afford the cost of servicing or fueling them” he
declared.
The Oleh branch NBA Chairman also recalled the position of the
honourable justice Z. A. Smith of Delta State on the issue, adding
that His lordship at the Special Court held on Wednesday 18th
September 2013 at High Court Asaba to mark the commencement of the
2013/2014 Legal year presented an address and in the Address, his
lordship had it well expressed as follows:
“Permit me to start by saying a transparent and accountable
government together with freedom
of expression encourages the full participation of its citizens
in a healthy democratic process. Judges are therefore accountable
to the Constitution and to the Law which they must apply honestly,
independently and with integrity. For it is on these principles
public confidence is anchored in any judicial system. The
importance of the judiciary is one of the 3 pillars upon which a
responsible democratic government relies. Public confidence in our
Courts will defiantly reduce incidences of resort to self help or
people taking laws into their hands”, he further declared.
Ezo therefore pleaded for sufficient and sustainable funding to
enable the Judiciary to perform its functions to the highest
standards. In his keynote address, titled “Improvement Of The
System Of Justice, its Procedures And Arrangement Of Court Business
And Regular Law Reporting”
Chief Albert Akpomudje, a Senior Advocate of Nigeria SAN noted
that in view of the fact that the justice system serves as the hope
for the common man, it is very important that members of the
community are confident that the justice system will efficiently
handle cases and give decisions promptly.
According to Akpomudje, “One of the ways that the confidence can
be installed and maintained in members of the community is by
hearing and deciding cases promptly. The current practice of cases
taking between 5 –10 years and sometimes longer to get to
conclusion should be discouraged. The likely effect of this is the
fact that members of the community will have no confidence in the
system and would seek other ways to resolve disputes as against
referring cases to court. This undoubtedly is not
good for the reputation of the judiciary and the legal
profession and has an adverse effect on legal practitioners as it
can lead to the unavailability of clients”.
The Oleh branch of the Nigeria Bar Association in its
annual law week held recently at Oleh, headquarters of Isoko South
Local Government Area of Delta state brought together elite members
of the bar and bench in Delta state and beyond. The Oleh NBA during
the occasion canvassed for “judicial autonomy as basis for
effective justice administration and social order” which was the
theme of the branch’s Law week activities.
Prosper A. Ezo, the chairman of the branch, in his welcome
address noted that it was with deep sense of responsibility and
commitment to the noble ideals of the association that his branch
had chosen to address issues concerning the theme.
According to him, there is generally an acceptance of the
Judiciary as an arm of government co-existing in that respect with
other arms of Government, such as the Executive and the
Legislature. Much as the Executive and the Legislature enjoy their
financial independence, both at the Federal and State level, such
cannot be rightfully said about the judiciary. Why then is this so?
What are the attendant implications of this to the overall
development of justice sector and to the country?
“The Constitution of the Federal Republic of Nigeria in its
chapter 2 provides as to social objectives to be attained by the
state as contained in section 17(1) of the Constitution expressly
provides that the state social order is founded on ideals of
freedom, equality and justice.
While section 17(2) of the Constitution therefore provides that
every citizen shall have equality of right, obligations and
opportunities before the law. The sanctity of human person shall be
recognized and human dignity shall be maintained and enhanced.
Government actions shall be humane. Human or natural resources in
any form whatsoever for reason other than the good of the community
shall be prevented, and the independence and impartiality of courts
of law and easy accessibility thereto shall be secured and
maintained.
“Today’s event is to stimulate a robust discourse on how well
Nigeria as a nation state has carried on in the aspect of attaining
the social objectives enshrined in the Constitution. Can the
Judiciary, truly be appreciated and allowed to take its pride of
place as an arm of government efficiently lend a hand in the
attainment of these lofty provisions on social order?
“Now with the spate of Kidnapping, Armed Robbery, menace of
herdsmen; and the recent and
incessant clamour for restructuring; no doubt a discourse on a
theme of this nature is apt and worthwhile to us a people not for
anything but to enthrone an egalitarian society.
“In our view to leave unarticulated issues pertaining to the
theme of today’s event is to
invite anarchy and chaos in the Nigeria polity, such that may
lead to civil strife and a possible disintegration of the Nigerian
state. Additionally, the judiciary, which generally has been
accepted as an arm of government, will continue to be marginalized
leaving our noble Lords in the precipice of despair, agony and
frustration over that rightly could be perceived as a right
guaranteed under the
Constitution. It is our resolve to leave the profession and
indeed our dear country better than we met it
hence the theme of today’s event. In the words of late
Christopher Alexander Sapara Williams (1885 – 1915) the first
indigenous Nigerian lawyer:
“The legal practitioner lives for the direction of his people
and the advancement of the cause of his country” he recalled. Ezo
also pointed out that the demand for judicial autonomy has been
long,, averring that it will be pretentious of his branch to
consider the theme and event of the day as a novel point or one
being brought to the front burner for the first time, Eminent
Nigerians, Legal Practitioners, Jurist as well as the media; at
various times and places had raised point especially on the need to
have the judiciary take its pride of place as an arm of government,
adding, “I crave my Lord’s indulgence to recount just but a few of
the position put forward by these eminent citizens of Nigeria:
According to him, in his acceptance speech in the year 2001, the
Legal Practitioners Privileges Committee appointed 12 legal
practitioners as members of the Inner Bar. Prominent amongst them
are Chief Gani Fawehinmi, now of blessed memory. Chief Albert A.
Akpomudje, who is here with us today as the Key Note Address
Speaker; A. B. Mahmoud, incumbent President of our Association;
Akintola M.l Adeniyi of the Ibadan Bar and Mrs. O. A. Adekoya of
theLagos Bar.Chief Gani Fawehinmi at the swearing in ceremony by
the Chief Justice of Nigeria on Monday 10th September 2001 made a
speech entitled: “The way the law should go”, on behalf of all the
awardees. The speech is a 40 page pictorial narration of the sordid
and sorry state of the Nigeria judiciary – the dilapidated state of
most of the courtrooms, judges low remuneration and poor working
environment and the abysmal budgeting allocation to the judiciary.
Indeed of the dearth in the human and infrastructural development
of the judiciary.
The learned Senior Advocate and civil society activist (as he
then was) has it well expressed at page 3 of the speech as
follows:
“Our judiciary which is constitutionally charged with the
responsibility of dispensing justice is in a pitiable state of
gross regret. The irony of it all is that it is the judiciary that
has been the most stable before and after independence, amongst all
the arms of government since Nigeria had its first dose of military
coup on the 15th day of January 1966 with repetitions in July 1966,
July 1975, December 1983, August 1985, August 1993, November 1993
and June 1998. It is only the judiciary that has never been
dissolved or sacked, hence the consistent stability of the
mechanism for dispensing justice in the polity.
Though it is appreciated by both the Executive and Legislative
arms of the government that the judiciary which is the instrument
for resolving dispute in the polity engenders peace more than other
institutions, a
study or analysis of the funding of the Judiciary since 1960 to
date a period of 42 years depicts a total lack of regard for the
indispensability of the judiciary in the country”.
Chief Gani Fawehinmi also had it well expressed at page 6 of the
Speech as follows: “In many states of the federation court
buildings are collapsing. The ceiling of many is caving in while
one can sit in some courts and be drenched by rain. In some courts
snakes and other dangerous reptiles predominate. Many of the court
in the rural areas in many of the states can best be described as
pigsty.The environment in many court rooms in most part of Nigeria
, north, east, south and west, is hot and stuffy. There are no fans
or air-conditioners in many cases. The few cases where they are
available there is no power. Few of them that have generating sets
cannot afford the cost of servicing or fueling them” he
declared.
The Oleh branch NBA Chairman also recalled the position of the
honourable justice Z. A. Smith of Delta State on the issue, adding
that His lordship at the Special Court held on Wednesday 18th
September 2013 at High Court Asaba to mark the commencement of the
2013/2014 Legal year presented an address and in the Address, his
lordship had it well expressed as follows:
“Permit me to start by saying a transparent and accountable
government together with freedom
of expression encourages the full participation of its citizens
in a healthy democratic process. Judges are therefore accountable
to the Constitution and to the Law which they must apply honestly,
independently and with integrity. For it is on these principles
public confidence is anchored in any judicial system. The
importance of the judiciary is one of the 3 pillars upon which a
responsible democratic government relies. Public confidence in our
Courts will defiantly reduce incidences of resort to self help or
people taking laws into their hands”, he further declared.
Ezo therefore pleaded for sufficient and sustainable funding to
enable the Judiciary to perform its functions to the highest
standards. In his keynote address, titled “Improvement Of The
System Of Justice, its Procedures And Arrangement Of Court Business
And Regular Law Reporting”
Chief Albert Akpomudje, a Senior Advocate of Nigeria SAN noted
that in view of the fact that the justice system serves as the hope
for the common man, it is very important that members of the
community are confident that the justice system will efficiently
handle cases and give decisions promptly.
According to Akpomudje, “One of the ways that the confidence can
be installed and maintained in members of the community is by
hearing and deciding cases promptly. The current practice of cases
taking between 5 –10 years and sometimes longer to get to
conclusion should be discouraged. The likely effect of this is the
fact that members of the community will have no confidence in the
system and would seek other ways to resolve disputes as against
referring cases to court. This undoubtedly is not
good for the reputation of the judiciary and the legal
profession and has an adverse effect on legal practitioners as it
can lead to the unavailability of clients”.
Read more https://nairalaw.com/oleh-nba-canvasses-autonomy-for-effective-justice-administration-social-order/