- ‘Law officers are not ordinary civil servants’
Justice Nelson Ogbuanya of the National Industrial Court of Nigeria (NICN) has called for better utilisation of the court’s concurrent criminal jurisdiction.
He said the court has powers to adjudicate on employment/workplace-related criminal cases.
According to him, prosecuting agencies prefer to file such cases in other high courts.
Justice Ogbuanya spoke at the 2024 Law Week of the Law Officers Association of Nigeria (LOAN), Imo State Branch, on the theme: “The role of law officers in the three arms of government.”
He noted that the NICN is a master of civil proceedings imbued with exclusive jurisdiction over labour, employment, workplace and connected matters.
The judge, however, stressed that the court also has criminal jurisdiction, though concurrent, over matters it has civil jurisdiction, going by the provisions of Section 254C (5) of the 1999 Constitution.
It reads: “The National Industrial Court shall have and exercise jurisdiction and powers in criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the National Industrial Court by this section or any other Act of the National Assembly or by any other law.”
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Justice Ogbuanya said: “Notwithstanding the laudable criminal jurisdiction provision for the court, records show that some states, inclusive of Imo and Abia under Owerri Division of the NIC, are yet to utilise the opportunity of the criminal jurisdiction of the NIC to prosecute workplace related criminal conducts, such as abuse of office, workplace corruption, child labour, human trafficking and inhuman treatment of workers, etc.
“Neither prosecutorial agencies nor the law officers of the states have activated the criminal jurisdiction of the NIC in these sorts of matters.
“Many a time, in a matter arising from the workplace which presents both civil and criminal dimensions, the prosecutor would file the criminal charge in another court, and after the criminal case is dismissed at that court, the person would return to NIC for a civil case for reinstatement or damages claims.
“This would result in bifurcated proceedings, which would have been obviated if the criminal charge was filed at the NIC which also has jurisdiction to address the civil aspect that could arise if the criminal trial fails.
“Adopting the proximate rule would favour the court with the jurisdictional capacity to settle all issues in a case.
“Just recently, the Supreme Court in FBN Plc & Anor v. Ben-Segba Technical Services Ltd & Anor (2024) LPELR-62998(SC), held that: ‘The law is well settled that where there is a Court that has capacity or jurisdiction to settle all issues in a case, that court alone should be approached to hear the issues.
“There is no room for selective justice and there must not be any room for a fragmented justice as was anticipated by the respondents in this case’.
“Law Officers should, therefore, take note of this responsibility to commence suit appropriately.”
Justice Ogbuanya, a former Senior Lecturer and Head of the Department of Corporate Law Practice at the Nigerian Law School, said all law officers, except the attorney general, are career civil servants, out-staying the attorney-general, who is a political appointee.
“Yet the law officers are not ordinary civil servants bound only by civil service rules.
“They are also subject to the Rules of Professional Conduct (RPC) as lawyers in ‘official bar’ (red seal lawyers).
“Thus, being a professional in the highly regulated profession of law and holding the enviable position as state counsel (government lawyer) and being ‘barrister’ in the midst of other core civil servants in the government departments and ministries, the responsibilities are daunting and expected standard of conduct and efficiency in service are not same and comparable to mere administrative staff or other professionals in service.
“The legal profession being highly regulated and impactful comes with many ethical rules and societal expectations of good conduct.
“Invariably, bad behaviour which amounts to misconduct under the Civil Service Rules which can ground disciplinary sanction of removal from office, can also ground de-barring of counsel, thereby amounting to risk of double jeopardy exposure.
“Law officers must, therefore, carry on the law practice in courts, exhibiting a high level of ethical standards, professional excellence and due diligence in practice.
“For instance, the usual tardiness of some counsel should not be found among law officers, who are christened in ranked title of ‘state counsel’.”
Justice Ogbuanya underscored the relationship between a law officer and the Judiciary.
He said: “Whereas lawyers operating in the Ministry of Justice are civil servants, those elevated to the Bench serving in the courts are judicial officers, but both are career public servants in statutory employment.
“They are all working with the same mandate of pursuing the interest of justice and the cause of justice – the twin philosophical tenets for enthroning the rule of law and good governance.
“The judiciary has also served as a crystalising career pathway for many law officers in the Ministry of Justice, as many law officers in the Ministry of Justice (federal/state) end up becoming judges working in the judiciary.
“The relationship between the law officer and the judiciary is indeed synergic, as law officers being legal practitioners enjoy the privilege of the toga: ‘ministers in the temple of justice’.
“The Law Officers Association of Nigeria (LOAN) is a witness of the endearing relationship and effective discharge of the judicial duties in the interest of justice.”