For quite a while, there have been some kinds of
disappointments in the conducts of some of the Federal Capital
Territory-Abuja’s-herein after referred to as FCT- High Court’s
staff, a situation which one as a legal practitioner cannot shy
away from complaining about, because, it is still this same lawyer
who bears the consequences especially as it relates to his
professional roles to his clients, who in many times, do not really
understand that some of the disappointments that their lawyer is
being confronted with are not of his fault rather, the conducts of
some of the court’s staff that are the cause. This paper is aimed
at humbly drawing the attention of the Honourable, the Chief Judge
of the FCT High Court to amend those observed complaints in this
paper.
First and foremost, there is no need to cite references as to
the jurisdictional and controlling powers of the Hounourable, the
Chief Judge of the FCT, over all courts in the FCT Judicial
Divisions.
Furthermore, it is regrettable to note the rate at which some of
the judicial divisions of the FCT High Courts have been performing
below expectation. For instance, the numbers of staff in those
courts are very few compared to the responsibilities upon them to
discharge, thereby making some of the tasks which involve the
public especially those that involve lawyers and their litigants to
be carried out recklessly.
For further instance, some of them have one or two persons as
registrars to attend to all cases or matters filed in the judicial
division, especially in those courts that are may be just one court
sitting at a location. Processes are filed by many lawyers and
litigants but the staff to attend to them are very few compared to
the functions. One other things that worsen the situation is in
term of issuance and service of processes by the Court’s Bailiff,
in which case, the Rules of the Court limits the time for doing and
or performing some of those acts expected by any of the parties to
a suit in the court. However, disappointingly, the court’s
officials at some of those courts give unnecessary excuses for
their failure to perform some of those functions on time, thereby
running the applicant to run out of time. Unfortunately, those of
us who are lawyers will be the one to bear the consequences of
those failures because, when a client pays for a particular
services to be carried out, and at several occasions such functions
are not carried out, he starts to query and feel uncomfortable
whereas, notwithstanding a lawyer’s explanation to some of those
court’s officials, they still disregard those explanations and only
understand to do those things in their own ways.
More so, everyone wants to be ‘oga madam’, and no
one would like to be identified as a ‘clerk’ or ‘bailiff’., which
is the nature of his employment So, as a result,
processes that require issuance are not issued on time, processes
that are supposed to be served on time are delayed by the bailiff
who might be the only one to serve processes in that particular
court or just two of them, among other failures. This is why the
writer of this paper calls on the Honourable, the Chief Judge of
the FCT High Court, most humbly, to intervene and prevail upon the
situation, as lawyers are being presented by such failures as being
incompetent in the eyes of the clients.
Furthermore, the writer of this paper suggests most humbly, that
enough courts staff should be engaged and posted to those judicial
divisions of the court. For instance, it is observed that there is
need for more manpower in the Kubwa FCT High Court of the Bwari
Judicial Division. It is also observed by the writer of this paper
that ineffective monitoring of staff has made some of those court’s
staff to misbehave even to lawyers. The torturing experiences for a
lawyer to succeed in passing through the hurdles or stress of
fulfilling his professional obligations in this court are very
great. Also, the charges or costs charged by some of those Bailiff
who see themselves as registrars in themselves, is another
challenge. The writer of this paper has observed that the charge
demanded by the female bailiff in the Kubwa High Court of the Bwari
Judicial Division of the High Court is unregulated. For instance,
she had of recent requested the sum of N7,000 from the writer of
this paper just to serve a process within the same Kubwa, Byazhin
Layout of Chikakore, Kubwa, FCT. For anyone who knows the location
of the Court and that of the place to effect service, one would
understand that it is at a very close distance and that such a
demand is very high and exploitative. That day, it took the
intervention of the court’s Registrar before she could gruntingly
accept the sum of N3,000.
The most shocking and disappointing part of the issue is her
rude and bossy manner of approach, even to lawyers. In fact, she is
just without caution. Also, at another occasion, specifically on
the 10th day of April, 2018, the writer of this paper
had some processes he had filed and brought same to the court for
service at Jabi, FCT-Abuja. This same woman confidently demanded
for the sum of N10,000 for her to serve the process at the Jabi,
FCT-Abuja. It took the intervention of the court’s Registrar too
before the writer of this paper could offer the sum of
N4,000 for her to serve. In fact, when the writer
of this paper was even begging for the reduction in the charge,
considering the financial incapability of the client, she remarked
very embarrassingly, disrespectfully and without caution, that if
the writer of this paper would not pay the said sum of money, then,
he should go and effect the service by himself. Without mentioning
her name, lawyers who are used to that court would have known the
person in question. We as lawyers are treated with lack of respect!
The manner at which some of those court’s staff behave is as if you
lawyers, even though you are an officer of the court, are nothing.
The writer of this paper therefore calls on the Honourable, the
Chief Judge of the FCT High Court, most humbly, to call this woman
to order as well as other necessary persons. More so, the writer of
this paper is not among those who fears to expose corrupt practices
by courts’ officers even if it is bitter to do so. Though, it is
observed by the writer of this paper that the situation could have
improved but for the fact that only few lawyers would take a bold
step and expose such exploitation and wrong doings. What is
observed is that some of them have taken this issue of service as a
form of money making and a business on its own, the notion which
must be corrected.
Furthermore, the writer of this paper thereby calls on the
Honourable, the Chief Judge of the FCT-High Court to put in place
adequate and effective monitoring mechanism in checkmating any
abuse of office and unguarded conducts by some of those courts’
officials including the staff-woman complained about in this paper.
In actual sense, some of those courts’ officials over-do leading to
abuse of public office. Also, it is recommended that service fees
should be monitored for effective discharge of functions but fixed
charges should not be high putting into consideration, the
financial incapability of majority of the parties to the suits and
that some of the lawyers are struggling despite the economic
challenges in the country to sponsor some of their clients’ cases
with their personal moneys and or with low pay. Also, lawyers and
litigants are encouraged to build the self-confidence in themselves
by exposing some of these unwanted characters that have the
tendency of tarnishing the image of the courts’ system and the
judiciary as a whole. It is also suggested that the Honourable, the
Chief Judge of the FCT should direct and mandate all court’s staff
to always wear and display their identity as to official duty so
that a ‘clerk’ is identified as he is in the services and a
‘bailiff’ or a ‘registrar’ is also respectively identified as
such.
Finally, it is hoped that the Honourable, the Chief Judge of the
FCT would take necessary but immediate actions on those
observations and recommendations made by the writer of this paper
as made above and that all courts’ staff would be warned to refrain
from unlawful acts and abuse of public office. This, it is
believed, would have a very long way in improving the courts’
system and the judiciary as a whole.
e-mail: hameed_ajibola@yahoo.com
For quite a while, there have been some kinds of
disappointments in the conducts of some of the Federal Capital
Territory-Abuja’s-herein after referred to as FCT- High Court’s
staff, a situation which one as a legal practitioner cannot shy
away from complaining about, because, it is still this same lawyer
who bears the consequences especially as it relates to his
professional roles to his clients, who in many times, do not really
understand that some of the disappointments that their lawyer is
being confronted with are not of his fault rather, the conducts of
some of the court’s staff that are the cause. This paper is aimed
at humbly drawing the attention of the Honourable, the Chief Judge
of the FCT High Court to amend those observed complaints in this
paper.
First and foremost, there is no need to cite references as to
the jurisdictional and controlling powers of the Hounourable, the
Chief Judge of the FCT, over all courts in the FCT Judicial
Divisions.
Furthermore, it is regrettable to note the rate at which some of
the judicial divisions of the FCT High Courts have been performing
below expectation. For instance, the numbers of staff in those
courts are very few compared to the responsibilities upon them to
discharge, thereby making some of the tasks which involve the
public especially those that involve lawyers and their litigants to
be carried out recklessly.
For further instance, some of them have one or two persons as
registrars to attend to all cases or matters filed in the judicial
division, especially in those courts that are may be just one court
sitting at a location. Processes are filed by many lawyers and
litigants but the staff to attend to them are very few compared to
the functions. One other things that worsen the situation is in
term of issuance and service of processes by the Court’s Bailiff,
in which case, the Rules of the Court limits the time for doing and
or performing some of those acts expected by any of the parties to
a suit in the court. However, disappointingly, the court’s
officials at some of those courts give unnecessary excuses for
their failure to perform some of those functions on time, thereby
running the applicant to run out of time. Unfortunately, those of
us who are lawyers will be the one to bear the consequences of
those failures because, when a client pays for a particular
services to be carried out, and at several occasions such functions
are not carried out, he starts to query and feel uncomfortable
whereas, notwithstanding a lawyer’s explanation to some of those
court’s officials, they still disregard those explanations and only
understand to do those things in their own ways.
More so, everyone wants to be ‘oga madam’, and no
one would like to be identified as a ‘clerk’ or ‘bailiff’., which
is the nature of his employment So, as a result,
processes that require issuance are not issued on time, processes
that are supposed to be served on time are delayed by the bailiff
who might be the only one to serve processes in that particular
court or just two of them, among other failures. This is why the
writer of this paper calls on the Honourable, the Chief Judge of
the FCT High Court, most humbly, to intervene and prevail upon the
situation, as lawyers are being presented by such failures as being
incompetent in the eyes of the clients.
Furthermore, the writer of this paper suggests most humbly, that
enough courts staff should be engaged and posted to those judicial
divisions of the court. For instance, it is observed that there is
need for more manpower in the Kubwa FCT High Court of the Bwari
Judicial Division. It is also observed by the writer of this paper
that ineffective monitoring of staff has made some of those court’s
staff to misbehave even to lawyers. The torturing experiences for a
lawyer to succeed in passing through the hurdles or stress of
fulfilling his professional obligations in this court are very
great. Also, the charges or costs charged by some of those Bailiff
who see themselves as registrars in themselves, is another
challenge. The writer of this paper has observed that the charge
demanded by the female bailiff in the Kubwa High Court of the Bwari
Judicial Division of the High Court is unregulated. For instance,
she had of recent requested the sum of N7,000 from the writer of
this paper just to serve a process within the same Kubwa, Byazhin
Layout of Chikakore, Kubwa, FCT. For anyone who knows the location
of the Court and that of the place to effect service, one would
understand that it is at a very close distance and that such a
demand is very high and exploitative. That day, it took the
intervention of the court’s Registrar before she could gruntingly
accept the sum of N3,000.
The most shocking and disappointing part of the issue is her
rude and bossy manner of approach, even to lawyers. In fact, she is
just without caution. Also, at another occasion, specifically on
the 10th day of April, 2018, the writer of this paper
had some processes he had filed and brought same to the court for
service at Jabi, FCT-Abuja. This same woman confidently demanded
for the sum of N10,000 for her to serve the process at the Jabi,
FCT-Abuja. It took the intervention of the court’s Registrar too
before the writer of this paper could offer the sum of
N4,000 for her to serve. In fact, when the writer
of this paper was even begging for the reduction in the charge,
considering the financial incapability of the client, she remarked
very embarrassingly, disrespectfully and without caution, that if
the writer of this paper would not pay the said sum of money, then,
he should go and effect the service by himself. Without mentioning
her name, lawyers who are used to that court would have known the
person in question. We as lawyers are treated with lack of respect!
The manner at which some of those court’s staff behave is as if you
lawyers, even though you are an officer of the court, are nothing.
The writer of this paper therefore calls on the Honourable, the
Chief Judge of the FCT High Court, most humbly, to call this woman
to order as well as other necessary persons. More so, the writer of
this paper is not among those who fears to expose corrupt practices
by courts’ officers even if it is bitter to do so. Though, it is
observed by the writer of this paper that the situation could have
improved but for the fact that only few lawyers would take a bold
step and expose such exploitation and wrong doings. What is
observed is that some of them have taken this issue of service as a
form of money making and a business on its own, the notion which
must be corrected.
Furthermore, the writer of this paper thereby calls on the
Honourable, the Chief Judge of the FCT-High Court to put in place
adequate and effective monitoring mechanism in checkmating any
abuse of office and unguarded conducts by some of those courts’
officials including the staff-woman complained about in this paper.
In actual sense, some of those courts’ officials over-do leading to
abuse of public office. Also, it is recommended that service fees
should be monitored for effective discharge of functions but fixed
charges should not be high putting into consideration, the
financial incapability of majority of the parties to the suits and
that some of the lawyers are struggling despite the economic
challenges in the country to sponsor some of their clients’ cases
with their personal moneys and or with low pay. Also, lawyers and
litigants are encouraged to build the self-confidence in themselves
by exposing some of these unwanted characters that have the
tendency of tarnishing the image of the courts’ system and the
judiciary as a whole. It is also suggested that the Honourable, the
Chief Judge of the FCT should direct and mandate all court’s staff
to always wear and display their identity as to official duty so
that a ‘clerk’ is identified as he is in the services and a
‘bailiff’ or a ‘registrar’ is also respectively identified as
such.
Finally, it is hoped that the Honourable, the Chief Judge of the
FCT would take necessary but immediate actions on those
observations and recommendations made by the writer of this paper
as made above and that all courts’ staff would be warned to refrain
from unlawful acts and abuse of public office. This, it is
believed, would have a very long way in improving the courts’
system and the judiciary as a whole.
e-mail: hameed_ajibola@yahoo.com