Justice delayed is Justice denied, so goes the saying. But three years after the Fast Track Rules and Procedures was introduced in Lagos, it is yet to achieve result, hence the need to re-orientate lawyers on the rules to achieve set objectives, writes Adebisi Onanuga.
Stakeholders in the judiciary converged on the City Hall, Lagos to brainstorm on how to make the Lagos Civil Rules and Procedures 2012, particularly the Fast Track Rules and Procedures work and be effective.
They were unanimous in their call on legal practitioners to stick to the rules and avoid frivolous applications, which they noted, have been the bane of achieving the purpose of fast tracking the rules in the state.
Among those who spoke at the forum were the Chief Judge of the state, Justice Ayotunde Phillips; the Attorney-General and Commissioner for Justice, Ade Ipaye; Justices of the High Court of Lagos State including Opeyemi Oke; Yemisi Willians-Dawodu; Sola Williams; Moji Dada; Efunkumbi Oyefeso and Olubunmi Oyewole now of the Court of Appeal.
They also included Chairman, Nigeria Bar Association (NBA), Ikeja Branch, Monday Ubani and his Lagos Branch counterpart, Alex Mouka; Mr. Tunde Ajibade (SAN); Prof. Bolaji Owasanoye; Mr. S.K. Shillings and Tunde Fagbohunlu.
The one-day forum was organised by the state Judiciary and Justice For All (J4A), a project of the British Council, in collaboration with the Human Development Initiatives (HDI).
Justice Phillips, in her opening remarks, admitted that years after the introduction of the Fast Track rules in the state, it was yet to achieve the desired result. She noted that the rules failed because those who were to practise them deliberately refused to comply with the rules and thereby failing to understand the concept.
“From the day it was introduced till date, the Fast Track Procedure has failed. I don’t think we are ready and fully appreciate what it was all about,” she said, adding that the concept of the rules and procedures was to reduce the time spent on litigation to a period not exceeding nine months; from the beginning of an action to delivery of judgment.”
She continued: “This fast track court is what the social economic climate of Nigeria requires now as the world is fast moving towards arbitration in dispute resolution. Nigeria cannot sit on the fence and be watching all these developments around her. We have to be part of the development around the world.”
She, therefore, appealed to stakeholders to partner effectively with the judiciary to make it work. She said a number of judges, under the leadership of Justice Oke, have been designated to handle fast track cases and that they have been working round the clock to ensure that cases are completed within the nine months record time.
Ipaye urged legal practitioners to avoid delay tactics through frivolous applications, which according to him, often prolong matters in court. Noting that justice delayed is justice denied, he reminded them that when justice delivery takes too long, it often made people to lose confidence in the judiciary.
According to him, filing of frivolous application is not the right thing to do if lawyers believe that they don’t have a solid case.
He pointed out that speedy resolution of court cases was important to economic development of the state and that when investors are assured of getting speedy trial in the event of a failed agreement on their investment, they would come in to invest in the state.
“Investors are looking for a justice system that works. They are looking for where they can confidently invest with the expectation that when there are disputes, the disputes can be speedily addressed,” he said.
In her paper titled: “Recent Developments in the operation of the Lagos Fast Track Court”, Justice Oke cited Section 36 (1) of the Constitution of Federal Republic of Nigeria, 1999 (as amended) which according to her, provides for fair hearing within a reasonable time. In the determination of his civil right and obligations including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established in such manner as to secure its independence and impartiality.”
Citing legal authorities like late Justice (Dr.) Akinnola Aguda and Prof. Itsay Sagay, she said the presently slow process of judicial system in the country is frightening and that many stakeholders have added their voices and shown concern on this issue.
Oke recalled that fast track courts initially came up in 2006, but that there was no strict adherence to the practice direction setting up the courts and that it was business as usual as cases were moved back to the normal track where counsels and parties delay proceedings. According to her, the objective of the fast track initiative was to promote improvement of the commercial justice system by developing a procedure that recognises the importance of a quick resolution of commercial disputes in court towards a positive impact on the economy of the state and the nation as a whole.
Justice Oke, who listed the procedures involve in fast track cases and challenges, urged stakeholders to develop a new commitment in the administration of justice–the Bench, the Bar and the society at large, urging them to take advantage of the considerable potential that exists in the establishment of the fast track court, especially in commercial cases. “Its goals are: competence, commitment and quick dispensation of justice – justice delayed is justice denied,” she said.
Justice Oyefeso, who spoke on similar topic, said there has been mounting criticisms over the years over the inefficiency of disposing of cases through our courts. She described the fast track court as that of excellence with a high case disposal rate within a short period of time.
“We shall of course, not sacrifice justice on the altar of speed! All our efforts will thus engender investors’ confidence, build confidence in our judiciary and ultimately resolve commercial disputes expeditiously, attract investors who know that once there is a dispute it will be resolved fairly and quickly,” she said.
Justice Williams Dawodu in her paper titled: “Commercial dispute in Lagos State, using the fast track courts”, pointed out that for the fast track procedure to work, there must be adequate understanding by judges and other stakeholders, the technicalities of commercial law and the areas of focus of the fast track procedure, stressing that practitioners need to have a thorough grasp of the fast track procedure in order to “deliver the goods”.
An expert on fast track rules, Mr. S.O.K. Shillings suggested that for fast track rules to succeed and achieve desired objectives, judges appointed to handle cases under the rules should be encouraged to arrange proceedings in the best manner that could achieve the purpose and essence of the project.
He added that firmness and effective award of costs should be encouraged. “Judges should apply discretion in proceedings to guide against wasting of valuable litigation time, especially by giving hints and directions necessary for end of justice” he said.
Ajibade listed suggestions for effective and successful implementation of the fast track rules. They include: “Involvement of counsel more in the administration and case management than it is done at present; establishment of an exclusive panel of judges to handle fast track matters; involvement of the parties in the creation of a detailed timetable at the inception of the case similar to the notice of allocation in the UK Fast Track and development of a full and proper jurisprudence on costs.
He stressed that costs, as distinct from default fees, should be automatically paid to the non-defaulting party for every 12 defaults that occasion a delay unless notice is given to the court within a specified time frame prior to the agreed date.
This, he said, would ensure that counsel and parties are more diligent in ensuring that documents and witnesses, for example, are prepared and available as and when due.
Ubani said lawyers must be dissuaded from employing delay tactics in fast track matters. He urged judges to apply the rules strictly and not allow any of the parties flout them.
He described the fast track procedure as a welcome innovation that would encourage commercial transactions of lending and borrowing and give confidence to foreign investors that debt owed would be easily recovered using fast track mechanism.
National Programme Manager, Justice for All, said the relationship between justice and economic development cannot be over emphasised. Arnot, represented by Prof. Bolaji Owasanoye of the Nigerian Institute of Advanced Legal Studies (NIALS), said this was the reason the British Council was supporting the initiative.
