As Nigerians await the May 29 inauguration of the President-elect Gen. Muhammadu Buhari, lawyers have set agenda for the incoming administration. Among them are the overhaul of the judicial system, strengthening of anti-corruption agencies, building of collapsed infrastructure and respect for the rule of law. Legal Editor JOHN AUSTIN UNACHUKWU reports
SOME senior lawyers have urged the president-elect Gen Muhammadu Buhari and the vice-president-elect Prof Yemi Osinbajo (SAN) to respect the rule of law, overhaul the judicial system and reorganise and strengthen the security agencies to make them effective.
The lawyers spoke in separate interviews with The Nation. A former Commonwealth Lawyers Association (CLA) president Mrs Boma Ozobia said incoming administration should keep its campaigning promises.
“That necessarily implies justice for all, not just those who can pay for good legal representation. Our prisons and police cells are clogged with innocent citizens of this country. The criminal justice system needs a total overhaul to deal with this shameful state of affairs and with a Professor of law and Senior Advocate of Nigeria as the Vice President-elect, I sincerely hope the much needed surgery will be performed under his watch. The magistrate courts are in the frontline and require much support to function optimally.
“Also, we must revisit the issue of community policing as an essential element of criminal justice reform. Sadly, this has been unduly politicised but we cannot shy away from it. As the saying goes, you cannot make an omelette without breaking eggs. Finally, in reforming the system, I would hope that the focus would be on restorative justice where possible.”
A former Nigerian Bar Association (NBA) First Vice-President Mrs. Funke Adekoya (SAN) said she expects a change of focus from the new administrations.
She wants them to focus on ensuring that the people’s hopes of new beginnings are not dashed.
Adekoya said: “The new government must ensure that capable and credible leadership is put in place at all levels with a focus on building processes and strengthening the institutions of government.The Buhari/Osinbajo ticket is a ticket based on integrity, personal credibility and a record of performance – this has to be replicated at all levels of government.
“There is no point complaining if nothing happens. The Public Complaints Commission should be strengthened through effective leadership and its powers as a dispute resolver enhanced so that it can effectively provide an outlet to the many complaints about abuse of power, high handedness and sexual harassment resonating within the public service.
“Allegations of corruption need to be speedily and impartiality investigated, and where a case is made, it needs to be speedily prosecuted. In-house capacity building in the Federal Ministry of Justice, the EFCC and all other prosecuting arms should be a major focus of the incoming administration.’’
On judicial reform, she said: “Justice delayed is justice denied. The wheels of justice at every level, from the Magistrates Court to the Supreme Court, are turning too slowly. The government needs to change this. Not all cases should go to the Supreme Court; only cases that have constitutional, policy or change of law significance should have access. Constitutional cases should go by right; all other cases should be by leave of the Supreme Court. There should no oral hearing for the leave application. As a general rule, the Court of Appeal should be the last court for most matters. Having three levels of appeal allows for the appointment of less than competent Judges to the Court of Appeal, since there is still a further appeal from their decisions.”
A former NBA General Secretary Deacon Dele Adesina (SAN) believes the new administration would be “a great time for Nigeria”.
He said: “Hope is renewed for a better future socially, politically and economically both for individuals and also the country as a nation. This election and, more particularly, the post-election development represents a testimony of Nigeria’s greatness at least potentially. We can now begin not only to boast of practical democracy in Nigeria, but also boast that our democracy is beginning to produce verifiable democrats.
“In real democracy, sovereignty resides with the people from whom power flows. The election has demonstrated this in clear terms. Again, democrats must accept the will of the people as revealed by their choice. This also we have seen in real sence.The encomius that have been coming from the world leaders and international community attest to Nigeria’s greatness.
“In the euphoria of the moment however, we must accept that there is work to be done by the incoming leaders. There is the need to capitalise on this success to renew a real sense of patriotism and promote unity among Nigerians. Nation building is a continuous process. I recognise that there will be an understandable pressure on the new leaders to deliver on their promises. The expectation is indeed very high.
“Luckily, both the President elect and the Vice President elect have well-acknowledged pedigrees for performance, they can therefore not afford to fail.
“With regards to justice sector, there is a lot to be done both in our civil and criminal justice systems. Delay is still rampant. Congestion is still noticeable.The judiciary must undergo a fundamental constitutional reform to address part of the challenges facing it. The truth is that most of the problems are inherently systemic. Nigeria must practice true federalism in the judiciary. For instance, the States must have their own Courts of Appeal and Supreme Court.
“Again, with the Vice President, an accomplished legal practitioner, l expect the judiciary to improve, rule of law and social justice to enjoy conspicuous patronage and position in the days ahead,” Adesina said.
A former Lagos State Attorney-General and Commissioner for Justice and Osinbajo’s successor, Olasupo Shasore (SAN), said the Buhari/Osinbajo team at national leadership is truly a blessing.
“This is because I’m aware that Nigerians can expect strong committed vision, experience and fairness; uniting policies, reform and modernisation of the idea of Nigeria. The Vice President-elect being a Senior Advocate of Nigeria and a former distinguished Attorney-General in no less a place than Lagos State, will commit the nation to strong adherence to rule of law.
“Unknown to many, adherence to the rule of law is not a mere gimmick or political slogan; studies show that rule of law/governance is responsible for over 60 per cent of positive national economic performance. Therefore, the wealth of a nation is in its intangible capital – human resources and strong institutions – particularly the justice sector.
“I expect and will encourage them and their team to focus on the constitutional, legislative and human obstacles to beneficial justice sector performance. To devolve prosecution, law enforcement and prison authority to concurrent jurisdiction with states in order to tackle awaiting trial and public confidence; for the first time to articulate a National Justice (including judicial) sector policy document; to remove the constitutional inordinate right of appeal; appoint quality appellate judges from the bar; regulate law reporting; introduce investigative/arrest powers to the office public prosecution.
“We must actualise devolution of power in a way that allows Nigeria to operate optimally. Our dear Prof Osinbajo is well aware of those federal encroachments that must now be removed. Lagos State must be given its due attention not for parochial purposes but because high economic performance in Lagos is a national asset. We look forward to success,” Shasore said.
Chief Emeka Ngige (SAN) said: “With the presence of Prof. Osinbajo as the Vice-President in the incoming administration, I expect the replication of Lagos Model with modifications in the justice administration of the incoming administration.
“In addition, I expect the Government to tackle the following issues: Collaborating with the stakeholders in resolving the impasse between Judiciary Staff Union of Nigeria (JUSUN) and some governors on the issue of financial autonomy of state Judiciaries. They should collaborate with heads of courts in finding solutions to the causes of delay in the administration of justice, particularly criminal matters.
“The government should ensure the swift passage of all Justice Sector Bills in the National Assembly particularly the Legal Practitioners (Amendment) Bill, collaborate with all heads of courts in the establishment of Anti-Corruption Units in Court premises to ensure that the fight against corruption in the judiciary is brought to the grassroots level.
“I expect a comprehensive reorganisation of the anti-corruption agencies to ensure that their mandates are realised.
“The administration should also collaborate with the heads of courts in reforming the process of appointment of judicial officers and their elevation to the appellate courts with the purpose of making the process transparent and bringing the right calibre of persons particularly from the private Bar to the appellate Bench and the resolution of the logjam in the Rivers State judiciary to ensure that an acceptable head of court emerges and the doors of the court thrown open for judicial administration.
“Strengthening the National Human Rights Commission(NHRC) by giving it adequate funding and manpower to execute its functions, reorganisation of Legal Aid Council to ensure that its objectives are fully realised, comprehensive reform of many of our laws to bring them up to date and plug the various lacunae in them, amendments of some provisions the 1999 Constitution of the Federal Republic of Nigeria to reflect the yearnings and aspirations of Nigerian people, collaborating with the Independent National Electoral Commission (INEC) in comprehensively reforming the provisions of the Electoral Act, 2010 to ensure that free and fair elections are conducted and that the mechanism for redress is fair and just to the litigants.
“Finally, finding solutions to the nagging issue of unemployment among junior lawyers, resolving the issue of welfare package for our judicial officers and state Counsel at federal level and esolving the huge debt portfolio of Federal Ministry of Justice,” Ngige added.
Dr. Dorn cklaimz Enamhe said: “The combination of Gen Buhari and Prof. Osinbajo is definitely a great one for two people who attained the heights of their respective careers and have been duly elected to now serve their country.
“I really see the dawn of a new era. I see the hand of God. I see a balanced government. Above all, I see them learning from the outgoing government very quickly, knowing full well that they are holding the peoples’ mandate in trust, being that the people can make a whole world of difference anytime they get to the polls.
“On judicial reforms, the law will take centre stage because both men are men of strong character. I see electoral offenders getting speedy justice so that they can use them to set standard for others to follow. The justice system should be strong, independent and assertive.”
