Twenty Senior Advocates of Nigeria, have established a group
under the aegis of ”The Justice Reform Project”, to address the
issues facing the Nigerian Justice delivery system of late.
In a bid to find solutions to what seems to be an embarrassment
facing the legal profession in recent times, the group has resolved
to collaborate with stakeholders in an effort aimed at achieving
broad consensus on, and implementing a process that will lead to
the review and reform of the following critical aspect of the
justice delivery system.
We are a group of Senior Advocates of Nigeria who feel
embarrassed and deeply concerned by the recent events surrounding
the suspension of Honourable Justice W. S. N. Onnoghen as the Chief
Justice of Nigeria.
We feel obliged to make this intervention for two
primary reasons:
(i) a recognition that the events which have resulted in this
debacle is in fact a manifestation of and response to a deeper
malaise in the administration of justice and justice delivery in
Nigeria; and
(ii) a concern that the crisis of confidence that is currently
shaking the judiciary and the legal profession in Nigeria is
unprecedented.
In making this intervention, we do not propose to delve into the
merits or demerits of the respective positions that have been taken
by the different actors regarding the suspension of Justice
Onnoghen.
Our focus in making this intervention given the context of the
unfolding events is to examine the underlying factors that have
engendered or perpetuated the undoubted loss of confidence in the
judiciary and the legal profession and to proffer suggestions for a
much needed reform.
Certain facts are hardly contestable. There is a widespread
perception that there is corruption in the judiciary and this
perception is supported by anecdotal evidence. Unscrupulous
litigants and some complicit lawyers, including some Senior
Advocates, procure judgments and orders by corrupt means.
It is also beyond dispute that the system for self-regulation in
the judiciary and the legal profession has failed. Lack of
transparency and a deep appreciation of the basic ethos of
governance in the processes and procedures of the relevant
institutions lies at the very heart of the challenges the Bench and
the Bar are currently facing.
There is a perception that the National Judicial Council (NJC)
has been ineffective in exercising discipline where high-ranking
judicial officers are involved and that its proceedings and
internal processes are unduly opaque.
Similarly, the Nigerian Bar Association is notorious for its
inefficacy in respect of disciplinary issues. Petitions filed by
litigants and members of the public linger for years on end without
resolution.
The Nigerian legal profession and justice system have known
better days. We recall the golden era of our judiciary, when
judgments of Nigerian courts were cited with approval in foreign
courts. Sadly, this is no longer the case.
In our view, the incessant examples of contradictory decisions
that have afflicted Nigerian jurisprudence in all facets of law
further fuel the perception of incompetence and corruption by the
Nigerian judiciary and the legal profession. It must be obvious to
everyone that the time has come for urgent selfintrospection and
evaluation with the ultimate aim of a robust systemic reform of the
Nigerian judiciary and the legal profession.
Therefore, this group has been established to
collaborate with stakeholders in an effort aimed at achieving broad
consensus on, and implementing a process that will lead to the
review and reform of the following critical aspects of our justice
delivery system:
1. The composition, constitution, functions and internal
controls of the National Judicial Council.
2. The process for the appointment, continuing education and
promotion of judicial officers.
3. The process for the discipline and regulation of judicial
officers.
4. The terms and conditions of service of judicial officers.
5. Judicial ethics, values and the relationship of the Bench with
the Bar.
6. The process for the appointment of lawyers to the Body of
Benchers.
7. The composition, constitution and internal controls of the Legal
Practitioners Privileges Committee.
8. The process and criteria for the conferment of the rank of
Senior Advocate of Nigeria.
9. The roles and responsibilities of Senior Advocates of Nigeria as
leaders of the Bar.
10. The regulation and discipline of Legal Practitioners.
11. Ethics, values and standards of legal practice.
12. The composition, constitution and internal controls of the
National Executive Committee of the Nigerian Bar Association. The
need for action is urgent.
We will commence our work immediately, and we will operate on
the basis of transparency, objectivity and inclusiveness. We will
soon publish details of how we propose to engage and collaborate
with all stakeholders, especially the Nigerian Bar Association.
Let us act now to save our profession and our nation.
God bless the Federal Republic of Nigeria.
1. Mr. Ebun Sofunde, SAN
2. Mr. Kayode Sofola, SAN
3. Mr. Kola Awodein, SAN
4. Mr. Ademola Akinrele, SAN
5. Dr. Eyimofe Atake, SAN
6. Mrs. Olufunke Adekoya, SAN
7. Mr. Oluwafemi Atoyebi, SAN
8. Mr. Yemi Candide – Johnson, SAN
9. Mr. Olasupo Shasore, SAN
10. Dr. Babatunde Ajibade, SAN
11. Mr. Osaro Eghobamien, SAN
12. Mr. Babatunde Fagbohunlu, SAN
13. Mr. Wemimo Ogunde, SAN
14. Mr. Jibrin Okutepa, SAN
15. Mr. Olumide Sofowora, SAN
16. Prof. Ernest Ojukwu, SAN
17. Mr. Olatunde Adejuyigbe, SAN
18. Dr. Adewale Olawoyin, SAN
19. Mr. Adeniyi Adegbonmire, SAN
20. Mr. Oyesoji Oyeleke, SAN
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