The Nation Newspaper

Tag: Alternative Dispute Resolution (ADR)

  • Obiano tasks Anambra judiciary on civil procedure rules

    Anambra State Governor, Chief Willie Obiano has urged stakeholders in the justice sector to evolve acceptable rules of proceedings that would ensure efficient and effective functioning of courts in the state.

    Obiano made the call on Friday in Onitsha, Anambra State during a two-day public summit on the review of civil procedure rules for courts.

    He said the synergy between the executive and judicial arm of government in the state has led to series of landmark changes in the justice administration and the working condition of judicial officers in the state.

    Represented by the Secretary to the State Government Prof. Solo Chukwulobelu, the governor thanked the Chief Judge, Justice Peter Umeadi for commencing the process that resulted to a total overhaul of the rules governing civil procedure of various cadres of courts in the state.

    Earlier, the State Chief Judge, Justice Peter Umeadi explained that the review of the rules of proceedings was occasioned by its outdated nature.

    He said, “The rules of courts have become obsolete which necessitated the setting up of various review committees to look into them and come up with draft documents that would be subjected to public  scrutiny before being Adopted as rules of procedure for all Courts in the state.

    “The rules being reviewed are the High Court Rules (2006), Anambra State Magistrate Court Rules (1991) and the Rules Establishing the Anambra State Multi-Door Court House.

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    “It is the recommendations of the various committees set up to review these laws that the Chief Judge presented to the public during the just concluded summit for appraisal.

    “The dynamism of the law does not allow its rules of practice to be latent.”

    Umeadi explained that participants were free to make suggestions in gray areas in the committee’s recommendations, which he promised would be reflected in the final draft that would ultimately become the rules of procedure for courts in Anambra State.

    Some of the key areas that engaged the attention of participants were issues of enhanced court fees, summary trials, granting of adjournments, probate matters, and preliminary objections.

    Other areas included pre-trial conferences, Alternative Dispute Resolution (ADR) Mechanisms, enforcement of  ADR awards and use of modern technology in litigation process.

    One of the resource persons who is a Senior Advocate of Nigeria, Chief Arthur Obi-Okafor made case for synergy between the regular courts and the multi-door courts, to ensure that judicial officers at various levels were bound to enforce the ADR decisions reached at the Multi-Door Court House.

    Participants which cut across all public strata, from the bar, bench, academia, stakeholders and other groups in the state justice system; engaged in robust debate in what seems like a clause-by-clause consideration of the proposed new set rules of Courts.

  • JOHESU: NMA demands involvement in FG, NIC dispute resolution

    The Nigerian Medical Association (NMA) has called on the Federal Government and the National Industrial Court (NIC) to involve it in the on-going Alternative Dispute Resolution (ADR) with JOHESU.

    The National Publicity Secretary of the association, Dr Obitade Obimakinde, made the appeal in a statement issued on Thursday in Abuja.

    The association described ADR as a welcome means of resolving crisis in the health sector.

    It added that no holistic, meaningful and long-lasting resolution could be made without the input of all the team members, especially the NMA.

    “We note with pleasure the suspension of the strike action by the allied health professionals under the auspices of JOHESU after six weeks.

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    “The suspension of the strike is a welcome development especially after taking into consideration the deleterious effects of the lingering strike action on innocent Nigerians.

    “Nigerians were deprived of the full benefits of medical management in our public hospitals,’’ NMA said.

    It reiterated the wish of medical doctors that the health sector operated as a team with the doctors as the leaders to the utmost benefit of the patients.

    The statement said that NMA was unapologetically committed to a good and harmonious relationship among the team members.

    “The NMA will continue to engage the leadership of JOHESU/AHPA to birth a common front for healthcare delivery services in Nigeria,’’ it said.

    The association congratulated the federal government, officials of the Federal Ministries of Health and Labour as well as well-meaning Nigerians for their intervention in restoring normal services in the health sector.

  • Prison controller advocates use of ADR in resolving minor crimes

    Prison controller advocates use of ADR in resolving minor crimes

    Mrs Emelia Oputa, the Controller of Nigerian Prisons Service in Ebonyi, has advocated the use of Alternative Dispute Resolution (ADR) in resolving minor crimes.

    Oputa who said that adoption of ADR would help in reducing prison congestion also advocated for regular jail delivery to hear deserving cases.

    She spoke on Tuesday in Abakaliki in an interview with the News Agency of Nigeria (NAN).

    Oputa said that adoption of ADR to resolve minor criminal cases would ensure that only persons involved in alleged capital offences were charged to court, while lesser crimes were resolved at informal levels.

    “If you visit prisons across the country, you will be shocked to see people who have spent months or years in prison awaiting trial for trivial cases such as quarrel, affray, ordinary theft, among others.

    “These cases could have been easily settled at the family, village or community levels, using the alternative dispute resolution approach and traditional legal system of dispute resolution.

    “Sadly, most of these cases end up with the police arraigning the victims to court sometimes without carrying out diligent investigation.

    “The suspects end up staying months or years in prison awaiting trial,” Oputa said.

    She said that the Abakaliki Prison built to accommodate 387 inmates was now housing no fewer than 1,000 inmates, and called on the relevant authorities to act fast and address the situation.

    “The Abakaliki Prison built during the colonial period was originally designed to accommodate 387 inmates.

    “The number of prisoners inside the yard have risen above 1,000, mounting undue pressure to the facility,” Oputa said.

    The controller appealed to the police and Ministry of Justice to ensure that case files of inmates awaiting trials were speedily processed to avoid keeping them in custody without trial.

    “Our duty is to keep custody of suspects brought to the prisons and to produce them when they are needed in courts.

    “Unfortunately, some suspects under our custody do not have case files and as a result are made to stay in custody without accessing the court.

    “An accused is presumed innocent until found guilty by court, hence denying inmates fair hearing infringe on their fundamental rights.

    “The police and Ministry of Justice should ensure that all preliminary investigations and processes needed before arraignment of criminal suspects are done before charging them to court to enhance speedy trial of their cases,” she added.

    Oputa commended Ebonyi Government for embarking on the building of new prison yard, which she said, was at an advanced stage of construction.

    She said that during the 2016 attempted jailbreak by inmates, Gov. Dave Umahi during his visit, promised to construct additional prison yard to decongest the Abakaliki Prison.

    “I am happy to announce that the governor has graciously kept to his promise and that work on the new prison facility has started and is now at an advanced stage.

    “When completed, the problem of overcrowding in Abakaliki Prison will be a thing of the past.

    “The governor has also intervened in many areas to enhance the conditions of the Abakaliki Prison and welfare of the inmates.

  • I caught another woman cooking for my husband, wife tells court

    I caught another woman cooking for my husband, wife tells court

    Mrs Bimbo Olajumoke, 49-year-old dealer on fabrics, on Friday, told an Igando Customary Court in Lagos that she caught another woman cooking for her husband.

    She made the statement while responding to a divorce suit filed by Gbolahan, her husband of 23 years, that she (Bimbo) was troublesome.

    “My husband relocated us to his house in Ikorodu, Lagos and rented another apartment in Ikotun claiming Ikorodu is far from his working place in Ikotun.

    “I sell clothes in Idumota, Lagos Island and I go from Ikotun; I never complain of distance.

    “Since my husband insisted on leaving alone in Ikotun, I always take food to him every week.

    “He told me to stop bringing food for him and stop coming to his house.

    “There was a day I went to his house unannounced when he stopped picking my calls and I saw a woman in his kitchen cooking,” she said.

    The mother of three said that the children told her that their father told them to vacant the house in Ikorodu that he had sold it.

    She begged the court not to grant her husband’s wish for the dissolution of the marriage that she was still in love with him.

    “Please, help me beg my husband to come home; his room is still there vacant, I am not ready for divorce,” she pleaded with the court.

    The petitioner, Mr Gbolahan Olajumoke, 52, had approached the court to seek for dissolution of his marriage claiming his wife was a troublesome woman.

    He said that his wife’s behavior changed after he married her.

    “My wife was cool and gentle when we were dating, but after the wedding, she became a demon.

    “She is a trouble maker, she fight with me, my family, my friends and even neighbours.

    “Because of her frequent fight, I had to relocate to a different area, “he said.

    Olajumoke told the court that his wife sometimes goes out and do not return home until the following day.

    “My wife always take extra clothes in her bag when going out in the morning to her shop and will not come home to sleep,” the petitioner said.

    He urged the court to dissolve the marriage as he was no longer in love with his wife.

    “Please, I can no longer tolerate this loveless marriage, I have tolerated her enough,” he said.

    The court president, Mr Adegboyega Omilola, urged the estranged couple to come for Alternative Dispute Resolution (ADR) along with three members of their families and adjourned the case till Sept. 26.

     

  • Ex-soldier wants 30-year-old marriage dissolved over adultery

    Ex-soldier wants 30-year-old marriage dissolved over adultery

    A 72-year-old retired soldier, Samuel Adebamigbe, on Wednesday pleaded with an Agege Customary Court in Lagos to dissolve his 30-year-old marriage over his wife’s adulterous life.

    Samuel, who resides at No. 88, Ajayi Road, Modupe Bus Stop, Oke-Ira, Ogba, told the court that his wife, Iyabo, was having extra-marital affairs with several men.

    He also said his wife was not submissive and could no longer live with her.

    The petitioner, an indigene of Ondo State, said: “My wife is not trustworthy and she is also wayward.

    “She lied to me that she was from Ondo State but l later realised she is an indigene of Edo.

    “My family was against our union from the beginning because of her promiscuity, but because l love her, l decided to marry her.

    “There was a time l found a letter addressed to her lover stating where to meet each other.”

    Samuel also claimed that his wife was having an affair with a prophet, but she denied, claiming she was always with the “man of God” for intercessory prayers.

    “The trouble is too much; l can no longer bear her arrogant and promiscuous lifestyle.

    “Whenever he had sexual intercourse, she keeps complaining of stomach upset.

    “I became worried and asked her to go for a medical checkup and she told me that the doctor said she should have sex just once a week.

    “I was told that due to my wife’s adulterous life, a charm was placed on her which is causing her stomach upset,” he said.

    The husband said he decided to marry a third wife in Ondo State because he needed to have sex more frequently.

    He declared: “I am asking for a divorce because this marriage that is blessed with three children has already broken down.”

    Responding, 50-year-old Iyabo, a businesswoman, denied all the allegations, saying she is not ready for the dissolution of the marriage.

    “He embarrasses me publicly, calling me an adulterous woman and he beats me with wire at the slightest opportunity.

    “My husband does not respect me as a wife; he claims that l am an illiterate and that he has married an educated woman.”

    The court’s President, Mr. Philip Williams, appealed to both parties to reconcile in the interest of their children.

    “The court does not encourage divorce; we are here to make peace where possible, the woman should be submissive if she still wants to keep the marriage,” he said.

    Williams, who later invited the couple into his chamber for Alternative Dispute Resolution (ADR), adjourned the case until July 27.

  • ‘My wife will beat me to death one day if I continue with the marriage’

    ‘My wife will beat me to death one day if I continue with the marriage’

    “My wife will beat me to death one day if I continue with the marriage,’’ a 67-year-old man, Mr Olawale Jayeola, told an Igando Customary Court on Thursday in Lagos.

    Olawale, an engineer, said his wife, Olatayo, was fond of punching him as if she were punching a bag, beating him like a baby.

    “I have scars all over my body as proofs of her abuse. I live every minute of my life in fear. Save me from the cruel hands of my wife.

    “I have suffered so much in silence; anytime we had misunderstanding, she would beat the hell out of me,” he said.

    According to him, the marriage has been turbulent and fraught with fights and quarrels.

    “I have not been at peace since l got married to my wife; she is so quarrelsome.

    “I brought her to court in 2013 for the dissolution of the marriage, but she begged me and promised to change.

    “The court asked her to write an undertaking not to be beating me again, which she wrote and the case was put on “sine die’’ stage.

    “She has refused to change. Instead, her behaviour toward me has been hostile and the beating continued unabated,” the plaintiff said.

    He said that his wife lacked care for him and was not giving him food.

    Olawale also alleged that his wife threatened to burn his two cars.

    “Please, end this loveless marriage before my wife terminates my life,” he said.

    The defendant, Olatayo, however, denied all the allegations.

    “I never beat my husband neither did I threaten to burn his cars,” she said.

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    The mother of three said she was not a troublemaker, but peaceful, noting that she was taking good care of her husband.

    She pleaded passionately with the court not to dissolve the marriage, saying she was still in love with her husband.

    The president of the court, Mr Adegboyega Omilola, ordered the couple to come along with three members of their families each, for Alternative Dispute Resolution (ADR).

    He adjourned the case until July 25 for further hearing.

  • Lagos to establish ADR court

    Lagos to establish ADR court

    The Lagos State government is soon to establish a Court of Arbitration to promote Alternative Dispute Resolution (ADR).

    The state Attorney-General and Commissioner for Justice, Mr. Ade Ipaye who made this known, said the government is very serious about ADR and that this explained why it came up with one of the most modern arbitration legislation in the country.

    According to him, the Office of the Public Defender (OPD), Citizens Mediation Centre (CMC) , Public Advice Centre (PAC) , Consumer Rights Unit (CRU), among others, are all geared towards human rights protection and enforcement.

    The commissioner disclosed that over 18,000 cases came up for mediation at CMC in 2012 adding that the Multidoor Courthouse also achieved a lot during the last Settlement Week .

    “Making their services free means that even the poor and the vulnerable are given access to justice. All our vocational centres are concrete institutions for the realisation of rights. People are given the opportunity of learning a trade and living a productive live.

    “Our free health screening, immunisation and health care programmes are also very relevant. The right to live must be interpreted to mean the right to live a healthy life.

    “So also are our programmes on the environment. Even where we clear illegal developments and take the hard decision to displace people sometimes, it is so that the great majority might have a functional drainage or a clean environment; or so that the displaced people would not unnecessarily endanger themselves. If you look at all these efforts and institutions like our Office of Disability, Child Rights Centre, you will fully realise that this government is doing so much for human rights”, he said.

    Ipaye said the state has done wonderfully well in the area of administration of justice ion the last one year adding “crimes do happen, but the important thing is that they are being detected and the criminals are being prosecuted.

    “At the moment, about 650 prosecution cases are being handled by the Ministry in various courts. In addition to that, a lot of cases are prosecuted daily by the Police at the Magistrate courts. 753 reports of various investigations reached us for legal advice in 2012 and we have exceeded the 70 per cent mark in dealing with those” , he said.

    The commissioner said the state government, will be stepping up its prosecution capacity in order to ensure Lagosians that criminals will not go unpunished.