Activist lawyer, Louis Alozie (SAN), was a third year University of Calabar Political Science student until he left to begin a Law degree at the University of Nigeria (UNN), Nsukka. After his Call to Bar in 1988, he understudied the late Chief Gani Fawehinmi (SAN) but had his pupilage with the late Chief (Sir) Bon Nwakanma (SAN) . In this interview with ADEBISI ONANUGA, he speaks on why judges find it difficult to curb delay in justice administration, why prison congestion persists, corruption in the judi ciary, among other sundry issues
SOME judges do not effectively enforce the Adminstration of Criminal Justice Act (ACJA), particularly
its provisions concerning day-to-day trial, adjournment limits and sanctions. Does this bother you?
The bane of administration of justice system in Nigeria is that much of what happens depends on the disposition of the judges and their attitude to work, their orientation in life and the fact that they are practically under no supervision by anybody.
In relation to enforcement of ACJA, the personal attitude of judges and, of course, their health conditions, to a large extent, make them not to enforce the provisions as it relates to day to day trials, adjournment limits and sanctions on defaulting parties. We all know that our courts are very congested with too many cases.
Do you think trial delays will ever be eliminated?
Delays in trials also arise from lack of preparedness on the part of lawyers both for the prosecution and defence to do their work diligently. We also know that we don’t have enough judges to handle the number of cases we have and that at times prison authorities cause delay in the production of awaiting trial detainees placed in their custody.
How should the problem be solved?
For the problem to be resolved, government is supposed to make sufficient budgetary allocations to the justice sector, more judges ought to be appointed, the prisons ought to have serviceable vehicles for the movement of awaiting trial detainees to court.
From experience, once a judge is not disposed to granting long adjournment in any matter or is determined to hear those criminal matters from day-to-day as enjoined by the ACJA, everybody must fall in line. I know of some no nonsense judges who cannot brook very funny excuses for adjournment as offered by some lawyers most of the time and proceedings in their court move normally.
Some judges sit at 9.00 am prompt. Some sit habitually late. What should be done to enforce discipline on the Bench?
It is worrisome that while some judges sit exactly at 9am prompt, which is the official time, some of them sit habitually late with some courts sitting from 10am, 11am and even 12pm and more. They’ll keep lawyers and litigants waiting and when they come out they will not have the courtesy of apologizing for their lateness.
As for them, it is now normal to sit whenever they like. We believe that the NJC (National Judicial Council) can issue further directives on guidelines concerning the time of sitting of our judges and the procedure for fast tracking of criminal trials in all cases.
Prison congestion is a big problem that appears to have defied solutions.
It is obvious that our prisons were built many many years ago. With the explosion in crimes ranging from advanced fee fraud, internet scams, drug-related offenses, terrorism, rape and so many other serious offenses, most of which are capital offenses and some attracting very stiff and excessive conditions of bail which the defendants find very difficult to fulfill, together with the delay in trial and disposal of cases, prison congestion cannot be avoided. The only solution lies in expeditious trial and disposal of cases so that those found not guilty can go home.
Should states be allowed to build prisons?
More prisons/correctional centres can be built as the ones in place were built many many many years ago and can no longer accommodate the population of those being remanded in prison on a daily basis by our courts. The judges are now in the habit of imposing very excessive bail conditions on matters brought before them by some security agencies especially the EFCC.
I know of a case where the accused persons had been detained for over five months because the bail conditions imposed by the court can hardly be met as they scare potential sureties even when the offenses charged do not carry more than between three and seven years maximum.
So, what is the way out of prison congestion?
Because the essence of bail is to ensure that an accused person comes to court to stand his trial, our courts should relax the bail conditions to accord with the presumption of innocence guaranteed to an accused person under our constitution as a fundamental right.
In my view, no law or practice of procedure can override the provisions of the constitution. Minor offenses should not attract custodial orders before the conclusion of trial as bail is never used to punish an accused person who is yet to be found guilty.
I also believe that EFCC law cannot override the constitution, so our prisons will remain overcongested unless there is a change of attitude by our courts.
Discussions in legal circles are gravitating towards the restorative justice system. What do you think of this? Is the country ripe for it?
The concept of restorative justice system should be given a trial as the law is not meant to be static but dynamic.
Judges’ appointment seem to still be shrouded in secrecy despite NJC guidelines. Should vacancies on the Bench be advertised?
It is necessary that more judges should be appointed. In appointing new judges, it would not be out of place to advertise shortlisted candidates or applicants for comments on their character and suitability by members of the public. This procedure applies in the appointment of Senior Advocates of Nigeria (SAN).
Some shortlisted SAN designates have had their names removed from the list following successful petitions against them by members of the public. There is nothing wrong applying the same standards in judicial appointments.
Do you think judges are well paid to resist financial temptations?
It is necessary that the judges so appointed should be well paid even as I do believe that no amount of remuneration can stop corruption in our society, including the judiciary. If presidents, governors, senators etc can still be corrupt despite their huge pay package, it means that no amount of remuneration would be able to stop corruption in the judiciary. It all depends on personal values of the public officer affected.
What, in your opinion, should guide appointment of judges?
The appointment of judges should be based on merits and not made as patronages for loyalty to our governors or the parties in power whereby politicians nominate their wives, friends and children of party leaders and force them on us as judges.
There have been talks on establishment of a special court for constitutional matters like constitutional issues arising from elections to free judges from other pressing cases. What is your take on it?
It is not necessary and it will create more problems than it is meant to solve.
Those courts, when created, must have their decisions appealed against to the Court of Appeal and, in some cases, the Supreme Court. Are we going to create constitutional appellate courts for these special courts? Where do we recruit judges for these special courts from other than Nigeria? One problem with the judiciary in the management of constitutional matters arising from elections or indeed election-related cases generally is that the judges have allowed themselves to be influenced and compromised by politicians.
They do this by the instrument of blackmail using the security agencies, threats to their jobs and financial inducement. The special courts, when created, will face the same predicament as they will be presided over by Nigerians and not angels.
When you are not working, how do you relax?
On how I relax when I’m not working, I find time to be with my family, attend some social events and also find time to worship my God.
What do you think of the coronavirus pandemic in the country?
The coronavirus from what is known does not fly in the air, from one part of the world to another. It is ravaging the whole world because of inter relationships between persons all over the world. That it entered Nigeria is not a surprise. This is because Nigerian economy is completely dependent on the economies of Europe and America.
We practically import everything from China, Europe and America. Because of the poor state of health institutions and knowledge gap existing between our doctors in Nigeria and their contemporaries overseas, the upper class in Nigeria travel overseas for their medical treatment. Our children too, because of the collapse in the standard of education due to poor funding, most of the time study abroad also.
Our government functionaries travel to these European, Asian and American countries to negotiate loans and grants, attend international conferences like United Nations, Commonwealth, etc. Again government officials go to negotiate development issues and also beg for assistance by the foreign powers and agencies.
Businessmen again, travel out to negotiate and execute their businesses especially those involved in importation of goods. All these happen because the economy and social infrastructure in Nigeria are comatose. So, in the course of traveling and interacting with the nationals of these foreign countries, our big men get infected only to return to Nigeria and distribute these infections to the ordinary citizens.
This is how the virus migrated from one part of the world to the other including Nigeria. The corona virus pandemic did not enter Nigeria through the common man, it entered through the activities of our big men.
Is the government doing enough to contain it?
In my opinion, our government is not doing enough to contain the pandemic because the government itself is poor. The treasury has been looted dry, the foreign reserve and excess crude accounts are virtually empty leaving no room for huge financial intervention by the federal government.
We practically have no functional healthcare system and that is why all the big men treat themselves abroad. Our hospitals have no equipment, kits and gadgets to cope with the challenges posed by the virus.
In my opinion, the government is handicapped, having wasted opportunities of putting our health care system in order. The beauty of this whole thing is that nobody has the opportunity of traveling abroad to treat himself.
We all know that almost all our drugs and medical equipment are imported, now that the world economy has been closed down with the stay at home guideline, without any buying and selling across international borders, the Nigerian citizens are in trouble.
In some countries, hospitals are built and equipped within so short a time just for the treatment of this virus, our government. If we had good hospitals in Nigeria with steady power supply, it would have offered better hope of survival for Nigerians.
We are only praying and depending on God to intervene. Our government has played politics with the health of Nigerians. This pandemic has exposed their hypocrisy and outright failure. In my state, Imo, one governor claimed to have built 27 specialist hospitals with one sited in each of the 27 local governments.
The hospitals could have been put to use now, but where indeed are they? They were only built on Channels Television, AIT and newspapers. Government must rise up to its responsibilities. We thank God for social media that is carrying out massive public enlightenment on the challenges of the corona virus.
The Federal Government has come under intense criticisms for locking down some states in the country. Is it a proper thing to do?
On the lockdown of some states in the country, my thinking is that it ought to apply to all the states if we are to stop the spread of the virus. It is the movement of people that causes the spread hence the lockdown ought to have been done much much earlier.
If the airports, particularly international airports had been closed in good time, the virus would not have entered Nigeria and spread like wildfire the way it is doing. Applying proper hygiene like washing of hands, sanitizing, wearing face masks and social distancing are all good and helpful but unfortunately not everyone can afford them.
I believe that this is a period of national emergency so any drastic measures can be taken to stop the spread of the virus and thus preserve the lives of Nigerians. Those going into illegality of the lockdown as ordered by the president and the governors are not being realistic because law is made for man and not man for law.
What more should government do to contain the spread of the virus?
Government should also live up to its responsibilities in making sure that the citizens who are in isolation in order to avoid the virus do not die of hunger.
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