New Legal Year : NBA Benin Branch, Condemns The Use Of Mobile Courts To Determine The Rights And Obligations Of Citizens Of Edo State

* Judicial Autonomy And Judicial Funding Should Not Be Left
Or Subject To The Whims And Caprice Of The Chief
Executive – Prince Collins Benson Ogiegbaen
 * Urges The State
Government To Fill The Many Consequential Vacancies In The
Judiciary Of The State
 *Urges Govt To Absorb Contract State Counsels
And Legal Assistants Into The Edo State Civil Service

The chairman, of the NBA Benin branch, Prince Collins
Benson Ogiegbaen, speaking for and on behalf of all the other
branches of the NBA in Edo state, at the Special Court session to
mark the opening of the 2019/2020 legal year, has condemned in its
entirety the continued use of Mobile Courts to determine the rights
and obligations of citizens of the State.

The chairman made this statement whilst delivering a statement
at the event in the Edo state judiciary on Friday the
4^th day of October, 2019. According to him, they have
received several complaints from citizens and colleagues alike of
the rather unconventional procedures/proceedings in these Mobile
Courts. He thus said that they are using the opportunity of the
address to warn that whether it is a Mobile or an Immobile Court,
it remains a Court in which case all the constitutional safeguards
of a Court must be in place before it can assume the character of
an independent and impartial arbiter.

Speaking on financial autonomy as a recipe for a truly
independent judiciary, he said that they note that the issue of
Judicial Autonomy and Judicial Funding should not be left or
subject to the whims, caprice and predilictive idiosyncracies of
the Chief Executive of the State but on a systemic entrenchment,
sustainable legal framework and adherence to clearly defined rules
of engagement among the three (3) Arms of Government. According to
him, the financial independence of the judiciary and autonomy must
be guaranteed by a first line charge to the Federation account as
envisaged by extant provisions of the 1999 Constitution of the
Federal Republic of Nigeria (as Amended) and best practices in the
developed and civilized democracies of the world.

“The Bar has insisted and shall continue to insist that for the
Judicial Arm of Government to be truly independent, with nothing to
influence or control it but God and the conscience of the Judge,
its financial independence and autonomy must be guaranteed by a
first line charge to the Federation account as envisaged by extant
provisions of the 1999 Constitution of the Federal Republic of
Nigeria (as Amended) and best practices in the developed and
civilized democracies of the world.

“We commend the Government of Bayelsa State and other States who
have already blazed the trail in this regard by granting full
financial autonomy to the Judicial Arm of Government in their State
and we call on the Government of Edo State to, as part of its
avowed commitment to the Rule of Law and Judicial Independence
implement in full the all important issue of financial autonomy for
the Judicial Arm of Government in the State.

“It is in the circumstances of the above that we hereby call on
the Government of the State, the Speaker and Members of the Edo
State House of Assembly to rise up to the occasion and leave their
imprints on our Judicial history by ensuring that this feat is
achieved during their time. In particular we call on the Speaker
and Members of the 7^th House of Assembly to pursue a
clear departure from the 6^th House which infamously and
ingloriously voted against its own autonomy even when the required
two third concurrence of all the Houses of Assembly of the
Federation had been secured to amend/alter the provisions of the
1999 Constitution of the Federal Republic of Nigeria to favourably
grant financial autonomy to all the Houses of Assembly in the
States of the Federation,” he said.

He also added his voice to the issue of the welfare of
magistrates and Area Customary Court/District Court presidents. He
urges the State Government to take a critical look at the welfare
of their Magistrates and Area Customary Court Presidents, stressing
that, there is the need to enhance the welfare of these category of
Judicial Officers by providing them with official cars as well as
enhancing their salaries. He further urges the government to fill
the man consequential vacancies in the Judiciary, while also asking
them to urgently pay their standing arrears.

“We also urge the State Government to fill the many
consequential vacancies in the Judiciary of the State occasioned by
recent massive retirements, deaths, resignation etc. as there is a
dearth (shortage) of staff presently in the Judiciary. The State
Government is further implored to as a matter of urgency provide
official vehicles for the Office of the Secretary of the Judicial
Service Commission of the State and the Chief Registrar of the High
Court.

“It must be noted however that these two (2) categories of
Judicial Officers are the equivalent of Permanent Secretaries and
are the only Permanent Secretaries in the entire Judiciary of Edo
State. The State Government is further requested to urgently pay
our Area Court Presidents and Magistrates their June 2016 salary
arrears and the seven (7) months salaries of Judiciary staffs still
being owed them as a result of the 2015 JUSUN Strike in the State,”
he said.

Also, he urges the State Government to automatically absorb
Contract State Counsels and Legal Assistants into the Edo State
Civil Service as Senior State Counsels, Senior Registrars or for
appointments into the Bench whether at the Lower of Higher Bench
because of the skill and experience they have acquired over time by
closely working with the State’s Ministry of Justice and our
Judges.

Speaking further, he appreciated the state government for the
reduction in the cost of obtaining certificate of occupancy.
According to him, this reduction will encourage investors, raise
revenue for the state and bring back the business of lawyers at the
Bureau of Lands which has been in limbo before now owing to the
prohibitive cost, official bottlenecks and red tapism involved in
the process, adding that, it is their hope that its implementation
will be a reality and not a mirage. He also appreciated the state
government’s deployment of the Geographical Information Service
(GIS) technology, stressing that, they believe that the deployment
of this system will to a large extent reduce the issue of
overlapping registration of titles over the same land.

He further spoke on infrastructural development, information
communication technology (ICT), the appointment of five (5)
additional judges for the High Court of Edo State, the Benin
Electricity Distribution Company (BEDC), building and renovation of
the Court rooms/halls, and The Independence Of The Judiciary: A
Panacea For True Democracy.

Concluding, he said that they believe that there is always room
for improvement as far as justice delivery is concerned.
Consequently, the Federal and State Governments are under an
obligation to sustain the administration of justice in the country
by doing among others:

“To consider the desirability of making use of mechanical
recording equipments and stenographers in court proceedings
throughout the country instead of the judge having to take down
evidence in long hand. It is gratifying to note that the Supreme
Court has already embraced computer technology in its operations;
to ensure that the Judge’s library in his chambers either at the
court or in his residence is stocked with Law Reports and valuable
books and Journals which are updated from time to time so as to
facilitate the process of reliable adjudication.

“To note that the provision of adequate stationery is very vital
to the efficiency of the judiciary, hence record books, files,
typing papers, stencils, carbon papers, cyclostyling papers,
envelopes, correcting fluids etc. must never be in short supply; to
see to it that court buildings are properly maintained and that
they are well furnished and kept clean not only for the comfort of
the Judges and their staff but also for the comfort of the
litigants, witnesses and the audience who come to watch court
proceedings; to provide each Judge with a well furnished residence
so as to ensure his full relaxation after the usual energy sapping
and brain exhausting judicial sittings. Standby generators should
be provided in the Judge’s Quarters because of frequent power
failure.”