The Lagos State Judicial Service Commission has organised an induction for new customary court judges to equip them with the task of their office.
Seventy-nine judges were appointed. They took the oath of office at the Law Reform Commission, Ikeja GRA.
The theme of the workshop was Justice at the grassroots.
The Chief Judge,Justice Ayotunde Phillips, and Attorney-General and Commissioner for Justice, Ade Ipaye, noted the importance of societal values at the grassroots, urging the judges to ensure that the social fabric of the family and the society is not broken in justice administration.
They told the judges that since their duty is community based, “they must understand the people on who they are going to administer justice and the social worries of the community” in which they would be operating.
Justice Phillips told the judges that they must dispense justice with fairness and be impartial in matters brought before them.
She said: “The bedrock of justice delivery is the doctrine of fair hearing. You must, therefore, be impartial at all time because justice must not just be done, but must be seen to be done.”
She also as said the first point of contact with the law by the people at the grassroots, they may find themselves presiding over matters affecting their relations, friends among others. They “must remain resolute, upright and incorruptible at all time. As customary court judges, you wield enormous powers but I will implore you to use such powers judiciously.”
She urged them to ensure that honesty, uprightness, integrity and fairness remained their watchword while discharging their duties.
Ipaye, who was represented by the Administrative General of the Ministry of Justice, Mrs. Bisi Odumosu, told the judges that the fortunes of customary court administration and its success rested on their shoulders.
He told them that their primary responsibility, therefore, is to administer justice in accordance with customary laws, adding that a key component of customary justice is reconciliation, which he urged them to employ at all time givien the nature of the society in which they are going to operate.
The commissioner told them that the cases they would handle under the customary law would range from matrimonial matters, child custody, health matters to other minor offences. He said they should give consideration to matters bordering on the welfare of the child and that other fundamental considerations must guide their decisions. He said customary court members have a huge role to play in the judicial system.
“Being the closest to the people, you all have a peculiar vacuum to fill in the judiciary and, by extension, the society,” he added.
Chief Magistrate Adebisi Femi-Segun who presented a paper on the “General overview of Customary Court Law 2011”, pointed out that the recognition of the need to simplify and demystify the administration of justice for effectiveness and efficacy continues to enhance the necessity for the continued existence and improvement of the customary courts.
According to her, the cornerstone of proceedings in the customary courts, as in other courts, is the achievement of substantial justice expected to be arrived at without the deployment of technicalities, or complex, intricate and, at times, confusing rules of procedure. She told the judges that the implementation of the Customary Law of Lagos 2011 requires them to exercise good judgement and discretion, urging them to rise up to the responsibility and challenges that their new office demands.
She advised them to study the customary laws and to resolve to implement the rules without the encumbrances of technicalities.
Justice Joseph Oyewole, whose paper was entitled, “Family Law-The custody of children as it relates to the Customary Law 2011 vis-à-vis the Child Rights Law 2007″, said in any matter relating to the guardianship and custody of children under the customary law, the interest and welfare of the children shall take paramount consideration.
Justice Oyewole argued that where it appears to a court that an order that was made by a court should be reviewed in the interest of a child, the court may, of its own motion, or on the application of any of the child (children) relatives or guardian, vary or discharge such order.
According to him, the Child Right Law 2007 was enacted to enforce the rights of the child and to amend and consolidate all legislations relating to the protection and welfare of the child in Lagos State, and for other connected and incidental purposes.
Justice Oyewole posited that on the issues of the child, judges are uniquely placed to promote the well being of society and ensure the attainment of law and order in the society, adding: “It is a divine mandate that must not be compromised for any reason.”
Chief Magistrate Olufolake Oshin, who delivered a paper on “Fair Hearing and Practices”, told the judges that fair hearing is a sine-quo-non to natural justice. She said that Section 36 of the 1999 Constitution confers on every citizen with a grievance the right to access to the courts. She said the yardstick for accessing whether or not this has been done “is that the hearing must consist of the whole hearing when tested from the point of view of a reasonable person who was present at the trial, whether from his observation, justice has been done in the case.”
She said the right to fear hearing as enshrined in Section 33 of the Constitution seeks to ensure that both parties are in equal position to plead their case adequately before judgement is pronounced, adding, “there is no gainsaying that judicial officers must do equal justice to all parties. Concern of the courts has always been in pursuit of real as opposed to cosmetic justice.”
She advised the customary court judges thus: “Under the common law, we as judicial officers are under a legal duty to all manner of people coming before us without let or hindrance, without fear or favour. By the nature of our duty, we are bound only to look at the facts of the case before us and apply the law in the way we understand it.”
The Deputy Chief Registrar, Legal, Ikeja High Court, Mrs. Abiola Oladunni Soladoye, whose paper dwelt extensively on the Code of Conduct for judicial officers, said: “For an effective adjudication in the customary courts, it is an essential requirement of justice and a requisite for public confidence in the judicial process that customary court judges must display a high sense of ethical conduct.”
Mrs. Soladoye warned: “A failure to adhere to these standards and value would always lead to failure of administration of justice with the result that there would be mistrust and loss of public confidence in the courts.”