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Chief Bolaji Ayorinde, A Senior Advocate of Nigeria and
Principal Partner of Ayorinde & Co has written the Chief Justice of
Nigeria, Hon. Justice Tanko Muhammad, calling for the suspension of
the 2021 Annual Vacation.

image image

Chief Ayorinde, in a letter sighted by Nairalaw dated
15th June, 2021, listed the various situations that truncated
judicial activities in Nigeria since the month of March, 2020 to
include Covid-19 pandemic, EndSars protest and the JUSUN strike
which was recently suspended.

image

The Learned Silk urged the CJN and d all other heads of Courts
in Nigeria to, in the interest of persons who are languishing in
detention and awaiting trial and those that their cases have
suffered inordinate delay due to extraneous factors mentioned
above, kindly direct a suspension of the 2021 Annual Judges
Vacation.

Read details below

15th of June, 2021

Hon. Dr. Justice I.T Muhammad, CFR,

Chief Justice of Nigeria and Chairman,

National Judicial Council,

Supreme Court Complex,

Three Arms Zone, F.C.T, Abuja.

My Lord, The Hon. Chief Justice of Nigeria,

RE:      THE NEED TO SUSPEND
2021 ANNUAL COURT VACATION

According to William Ewart Gladstone a British
statesman and Liberal[1]
Politician – “Justice delayed is justice denied”.
The foregoing age long legal maxim as we all know is to the effect
that; if legal[2]
redress[3]
or equitable[4] relief[5]
to an injured party is available, but is not forthcoming in a
timely fashion, it is effectively the same as having no remedy at
all.

The view of William Ewart Gladstone was reiterated by the
Chief[6]
Justice[7]
of the[8]
United[9]
States[10] Warren[11] E.
Burger
[12] in his address to the
American Bar
Association
[13] in 1970 wherein he
noted as follows:

“A sense of confidence in the courts is essential to
maintain the fabric of ordered liberty for a free people and three
things could destroy that confidence and do incalculable damage to
society: that people come to believe that inefficiency and delay
will drain even a just judgment of its value; that people who have
long been exploited in the smaller transactions of daily life come
to believe that courts cannot vindicate their legal rights from
fraud and over-reaching; that people come to believe the law – in
the larger sense – cannot fulfill its primary function to protect
them and their families in their homes, at their work, and on the
public streets.

Now the following have truncated judicial activities in
Nigeria since the month of March, 2020 till date:

  1. COVID-19 PANDEMIC.

My Lord will recall that during the outbreak of the deadly
Coronavirus (COVID-19) and in tandem with COVID-19 Regulations 2020
and as a preventive measure against the spread of the virus in the
country, My Lord had by a Circular No. NJC/CIR/HOC/11/631 dated
23rd of March, 2020, directed all Heads of Courts to suspend Court
sittings for an initial period of two weeks from 24th March, 2020.
Before the expiration of the said two weeks on the
7
th of April, 2020, My Lord further
extended the suspension of Court sittings till further notice,
given the lockdown measure put in place then by Federal and some
State Governments to curb the spread of COVID-19.[14] The Courts
barely resumed in June, 2020 when the ENDSARS protest forced
another lockdown of our Courts.

  1. ENDSARS PROTESTS.

My Lord will also recall the protests by the Nigerian youths
beginning on 5th of October, 2020 where the youths
called for the disbandment of the Special Anti-Robbery Squad
popularly called SARS. Young men and women, mostly unemployed and
with nothing to lose, also joined the fray and took advantage of
the deterioration of law and order around the Country to barricade
roads and wreak havoc. By 23rd October, 2020 they had
destroyed at least 25 police stations in Lagos, Edo, Rivers and
Anambra states, burned down public and private buildings including
Court buildings, thereby grounding judicial activities for several
weeks. In fact the judiciary in some States such as Lagos State are
yet to fully recover.

3.  THE JUSUN STRIKE

My Lord will recall too that, the Judiciary Staff Union of
Nigeria (JUSUN) had on April 6, 2021 ordered its members across the
Federation to shut all Courts in the Country to press home its
demand for implementation of financial autonomy for the Judiciary.
The said strike action which has just been temporarily called off
had paralyzed judicial activities across the federation for over
two months.

MY HUMBLE REQUEST

It is a well-known and acknowledged fact that, our Judges are
hardworking and patriotic Nigerians and as such and in view of the
highlighted circumstances that had paralyzed judicial activities
across Nigeria, there is a glaring opportunity for the Judiciary to
make a bold statement to rekindle the
hope of the common man, as well as, renew investors’ confidence in
Nigeria as an investment destination. I therefore most humbly
accordingly, urge Your Lordship and all other heads of Courts in
Nigeria to in the interest of persons who are languishing in
detention and awaiting trial and those that their cases have
suffered inordinate delay due to extraneous factors aforementioned,
kindly direct a suspension of the 2021 Annual
Judges Vacation
in order to save our justice system.

My Lord, such a direction will no doubt portray the Judiciary as
a most responsive institution and third arm of government that is
the last hope of the common man. Such a direction will also
definitely and substantially clear most of the backlog of cases
which have suffered delays in our Courts thereby making our Courts
“fit for the purpose’ again.

While thanking My Lord for a consideration of this humble
suggestion, please be assured of my highest regards.

Yours faithfully,

CHIEF BOLAJI AYORINDE O.F.R., SAN, FCArb.,

CC:     
1]        THE HON. PRESIDENT OF
THE COURT OF APPEAL

  • THE HON. CHIEF JUDGE OF THE FEDERAL HIGH COURT
  • THE PRESIDENT OF THE NATIONAL INDUSTRIAL COURT
  • THE HON. CHIEF JUDGE OF THE FEDERAL CAPITAL TERRITORY,
    ABUJA
  • THE HON. CHIEF JUDGE OF ABIA STATE
  • THE HON. CHIEF JUDGE OF ADAMAWA STATE
  • THE HON. CHIEF JUDGE OF AKWA IBOM STATE
  • THE HON. CHIEF JUDGE OF ANAMBRA STATE
  • THE HON. CHIEF JUDGE OF BAUCHI STATE
  • THE HON. CHIEF JUDGE OF BAYELSA STATE

– 3-

  • THE HON. CHIEF JUDGE OF BENUE STATE
  • THE HON. CHIEF JUDGE OF BORNO STATE
  • THE HON. CHIEF JUDGE OF CROSS RIVER STATE
  • THE HON. CHIEF JUDGE OF DELTA STATE
  • THE HON. CHIEF JUDGE OF EBONYI STATE
  • THE HON. CHIEF JUDGE OF EDO STATE
  • THE HON. CHIEF JUDGE OF EKITI STATE
  • THE HON. CHIEF JUDGE OF ENUGU STATE
  • THE HON. CHIEF JUDGE OF GOMBE STATE 21] THE HON. CHIEF JUDGE OF
    IMO STATE
  • THE HON. CHIEF JUDGE OF JIGAWA STATE
  • THE HON. CHIEF JUDGE OF KADUNA STATE
  • THE HON. CHIEF JUDGE OF KANO
  • THE HON. CHIEF JUDGE OF KATSINA STATE
  • THE HON. CHIEF JUDGE OF KEBBI STATE
  • THE HON. CHIEF JUDGE OF KOGI STATE
  • THE HON. CHIEF JUDGE OF KWARA STATE
  • THE HON. CHIEF JUDGE OF LAGOS STATE
  • THE HON. CHIEF JUDGE OF NASARAWA STATE
  • THE HON. CHIEF JUDGE OF NIGER STATE
  • THE HON. CHIEF JUDGE OF OGUN STATE
  • THE HON. CHIEF JUDGE OF ONDO STATE
  • THE HON. CHIEF JUDGE OF OSUN STATE
  • THE HON. CHIEF JUDGE OF OYO STATE
  • THE HON. CHIEF JUDGE OF PLATEAU STATE
  • THE HON. CHIEF JUDGE OF RIVERS STATE
  • THE HON. CHIEF JUDGE OF SOKOTO STATE 39] THE HON. CHIEF JUDGE
    OF TARABA STATE
  • THE HON. CHIEF JUDGE OF YOBE STATE
  • THE HON. CHIEF JUDGE OF ZAMFARA STATE
  • THE PRESIDENT, NIGERIAN BAR ASSOCIATION PLOT 1101, MOHAMMADU
    BUHARI WAY, CBD, ABUJA
  • THE SECRETARY

BODY OF SENIOR ADVOCATES OF NIGERIA (BOSAN)

Chief Bolaji Ayorinde, A Senior Advocate of Nigeria and
Principal Partner of Ayorinde & Co has written the Chief Justice of
Nigeria, Hon. Justice Tanko Muhammad, calling for the suspension of
the 2021 Annual Vacation.

image image

Chief Ayorinde, in a letter sighted by Nairalaw dated
15th June, 2021, listed the various situations that truncated
judicial activities in Nigeria since the month of March, 2020 to
include Covid-19 pandemic, EndSars protest and the JUSUN strike
which was recently suspended.

image

The Learned Silk urged the CJN and d all other heads of Courts
in Nigeria to, in the interest of persons who are languishing in
detention and awaiting trial and those that their cases have
suffered inordinate delay due to extraneous factors mentioned
above, kindly direct a suspension of the 2021 Annual Judges
Vacation.

Read details below

15th of June, 2021

Hon. Dr. Justice I.T Muhammad, CFR,

Chief Justice of Nigeria and Chairman,

National Judicial Council,

Supreme Court Complex,

Three Arms Zone, F.C.T, Abuja.

My Lord, The Hon. Chief Justice of Nigeria,

RE:      THE NEED TO SUSPEND
2021 ANNUAL COURT VACATION

According to William Ewart Gladstone a British
statesman and Liberal[1]
Politician – “Justice delayed is justice denied”.
The foregoing age long legal maxim as we all know is to the effect
that; if legal[2]
redress[3]
or equitable[4] relief[5]
to an injured party is available, but is not forthcoming in a
timely fashion, it is effectively the same as having no remedy at
all.

The view of William Ewart Gladstone was reiterated by the
Chief[6]
Justice[7]
of the[8] United[9]
States[10] Warren[11] E.
Burger
[12] in his address to the
American Bar
Association
[13] in 1970 wherein he
noted as follows:

“A sense of confidence in the courts is essential to
maintain the fabric of ordered liberty for a free people and three
things could destroy that confidence and do incalculable damage to
society: that people come to believe that inefficiency and delay
will drain even a just judgment of its value; that people who have
long been exploited in the smaller transactions of daily life come
to believe that courts cannot vindicate their legal rights from
fraud and over-reaching; that people come to believe the law – in
the larger sense – cannot fulfill its primary function to protect
them and their families in their homes, at their work, and on the
public streets.

Now the following have truncated judicial activities in
Nigeria since the month of March, 2020 till date:

  1. COVID-19 PANDEMIC.

My Lord will recall that during the outbreak of the deadly
Coronavirus (COVID-19) and in tandem with COVID-19 Regulations 2020
and as a preventive measure against the spread of the virus in the
country, My Lord had by a Circular No. NJC/CIR/HOC/11/631 dated
23rd of March, 2020, directed all Heads of Courts to suspend Court
sittings for an initial period of two weeks from 24th March, 2020.
Before the expiration of the said two weeks on the
7
th of April, 2020, My Lord further
extended the suspension of Court sittings till further notice,
given the lockdown measure put in place then by Federal and some
State Governments to curb the spread of COVID-19.[14] The Courts
barely resumed in June, 2020 when the ENDSARS protest forced
another lockdown of our Courts.

  1. ENDSARS PROTESTS.

My Lord will also recall the protests by the Nigerian youths
beginning on 5th of October, 2020 where the youths
called for the disbandment of the Special Anti-Robbery Squad
popularly called SARS. Young men and women, mostly unemployed and
with nothing to lose, also joined the fray and took advantage of
the deterioration of law and order around the Country to barricade
roads and wreak havoc. By 23rd October, 2020 they had
destroyed at least 25 police stations in Lagos, Edo, Rivers and
Anambra states, burned down public and private buildings including
Court buildings, thereby grounding judicial activities for several
weeks. In fact the judiciary in some States such as Lagos State are
yet to fully recover.

3.  THE JUSUN STRIKE

My Lord will recall too that, the Judiciary Staff Union of
Nigeria (JUSUN) had on April 6, 2021 ordered its members across the
Federation to shut all Courts in the Country to press home its
demand for implementation of financial autonomy for the Judiciary.
The said strike action which has just been temporarily called off
had paralyzed judicial activities across the federation for over
two months.

MY HUMBLE REQUEST

It is a well-known and acknowledged fact that, our Judges are
hardworking and patriotic Nigerians and as such and in view of the
highlighted circumstances that had paralyzed judicial activities
across Nigeria, there is a glaring opportunity for the Judiciary to
make a bold statement to rekindle the
hope of the common man, as well as, renew investors’ confidence in
Nigeria as an investment destination. I therefore most humbly
accordingly, urge Your Lordship and all other heads of Courts in
Nigeria to in the interest of persons who are languishing in
detention and awaiting trial and those that their cases have
suffered inordinate delay due to extraneous factors aforementioned,
kindly direct a suspension of the 2021 Annual
Judges Vacation
in order to save our justice system.

My Lord, such a direction will no doubt portray the Judiciary as
a most responsive institution and third arm of government that is
the last hope of the common man. Such a direction will also
definitely and substantially clear most of the backlog of cases
which have suffered delays in our Courts thereby making our Courts
“fit for the purpose’ again.

While thanking My Lord for a consideration of this humble
suggestion, please be assured of my highest regards.

Yours faithfully,

CHIEF BOLAJI AYORINDE O.F.R., SAN, FCArb.,

CC:     
1]        THE HON. PRESIDENT OF
THE COURT OF APPEAL

  • THE HON. CHIEF JUDGE OF THE FEDERAL HIGH COURT
  • THE PRESIDENT OF THE NATIONAL INDUSTRIAL COURT
  • THE HON. CHIEF JUDGE OF THE FEDERAL CAPITAL TERRITORY,
    ABUJA
  • THE HON. CHIEF JUDGE OF ABIA STATE
  • THE HON. CHIEF JUDGE OF ADAMAWA STATE
  • THE HON. CHIEF JUDGE OF AKWA IBOM STATE
  • THE HON. CHIEF JUDGE OF ANAMBRA STATE
  • THE HON. CHIEF JUDGE OF BAUCHI STATE
  • THE HON. CHIEF JUDGE OF BAYELSA STATE

– 3-

  • THE HON. CHIEF JUDGE OF BENUE STATE
  • THE HON. CHIEF JUDGE OF BORNO STATE
  • THE HON. CHIEF JUDGE OF CROSS RIVER STATE
  • THE HON. CHIEF JUDGE OF DELTA STATE
  • THE HON. CHIEF JUDGE OF EBONYI STATE
  • THE HON. CHIEF JUDGE OF EDO STATE
  • THE HON. CHIEF JUDGE OF EKITI STATE
  • THE HON. CHIEF JUDGE OF ENUGU STATE
  • THE HON. CHIEF JUDGE OF GOMBE STATE 21] THE HON. CHIEF JUDGE OF
    IMO STATE
  • THE HON. CHIEF JUDGE OF JIGAWA STATE
  • THE HON. CHIEF JUDGE OF KADUNA STATE
  • THE HON. CHIEF JUDGE OF KANO
  • THE HON. CHIEF JUDGE OF KATSINA STATE
  • THE HON. CHIEF JUDGE OF KEBBI STATE
  • THE HON. CHIEF JUDGE OF KOGI STATE
  • THE HON. CHIEF JUDGE OF KWARA STATE
  • THE HON. CHIEF JUDGE OF LAGOS STATE
  • THE HON. CHIEF JUDGE OF NASARAWA STATE
  • THE HON. CHIEF JUDGE OF NIGER STATE
  • THE HON. CHIEF JUDGE OF OGUN STATE
  • THE HON. CHIEF JUDGE OF ONDO STATE
  • THE HON. CHIEF JUDGE OF OSUN STATE
  • THE HON. CHIEF JUDGE OF OYO STATE
  • THE HON. CHIEF JUDGE OF PLATEAU STATE
  • THE HON. CHIEF JUDGE OF RIVERS STATE
  • THE HON. CHIEF JUDGE OF SOKOTO STATE 39] THE HON. CHIEF JUDGE
    OF TARABA STATE
  • THE HON. CHIEF JUDGE OF YOBE STATE
  • THE HON. CHIEF JUDGE OF ZAMFARA STATE
  • THE PRESIDENT, NIGERIAN BAR ASSOCIATION PLOT 1101, MOHAMMADU
    BUHARI WAY, CBD, ABUJA
  • THE SECRETARY

BODY OF SENIOR ADVOCATES OF NIGERIA (BOSAN)

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