The courts have resumed for the 2018/2019 legal year. Lawyers’expectations are high. They include making the judiciary truly independent and speeding up justice administration. The lawyers spoke with ADEBISI ONANUGA.
The judiciary’s role in the sustenance of democracy and rule of law is important. The third arm of government ensures that the other arms abide by the Constitution and the protection of people’s rights.
It upholds peace, order and good governance. The society looks up to the judiciary for succour. The government expects the courts to interpret laws. The judiciary is expected to ensure that the law is applied fairly and equally to all citizens.
It also protects citizens from an overpowering state and assists them to assert their right to life, right to fair hearing, right to private and family life, freedom of expression, freedom of thought, conscience and religion and the protection of property as constitutionally guaranteed.
However, due to some factors, such as inefficiency, poor funding, constitutional constraints to full independence, and use of obsolete methods, the judiciary has not lived up to expectations. Instead, cases that should have since been decided linger in court.
Concerned by this pathetic state of affairs, Chief Justice Walter Onnoghen, on assumption of office last year, put in place new policies and introduced reforms, which have impacted positively on justice delivery system.
He got the various heads of the courts to key into his vision to reform the judiciary. His efforts at improving the judiciary earned him international recognition. He was conferred with the prestigious 2018 Michael Hill Prize by the International Society for the Reform of Criminal Law (ISRCL) in Montreal, Canada during the 31st Conference of the association.
The ISRCL is an international non-governmental association of judges, legislators, lawyers, academics, governmental officials, and police and correction professionals.
Fighting corruption
Chief Justice Onnoghen bought into the Federal Government’s anti-corruption policy. With the magistracy and customary courts as the people’s first contact with the judiciary, there was the need to restore credibility to them. Through policy directives, he ordered courts’ heads to pay attention to the lower courts within their jurisdiction to rid the system of bad eggs.
He constituted the Corruption and Financial Crimes Cases Trial Monitoring Committee (COTRIMCO), chaired by Justice Suleiman Galadima, to monitor special courts for corruption cases.
Under his watch, some judges, including Justices Rita Ofilli-Ajumogobia, Hyeladzira Nganjiwa, Adeniyi Ademola, James Agbadu-Fishim, and Mohammed Yinusa, were charged.
Special courts
To ensure the success of the fight against corruption, Chief Justice Onnoghen ordered heads of courts to designate one or more courts for anti-graft cases. Lagos State, for instance, set up the Special Offences Court.
The special courts are said to have delivered 324 judgments, struck out 12 cases and reserved 62 for judgment in the last six months.
Tackling delays
Through the effort of such courts in enforcing provisions of the Administration of Criminal Justice Act on daily sitting, two former governors have been jailed.
A Committee of the Board of Governors of the National Judicial Institute (NJI) on Reforms considered salient areas needing improvements and made strong recommendations for speedy dispensation of justice.
They include increment of budgetary allocation to the judiciary, regular capacity building programmes for judges, training of court administrators, financial independence for state judiciaries and security for judges.
Dealing with conflicting judgements
Chief Justice Onnoghen succeeded in changing the attitude of judges to their obligation to stare decisis, thereby creating a legal environment built on the certainty of the law.
On election and pre-election matters, he reminded the judges of the Supreme Court’s decision in a number of cases that the principles of judicial review such as Mandamus, Certiorari, Prohibition and others do not apply because election and election related matters, such as pre-election causes are suis generis.
Prison congestion
Prison congestion is a worrisome phenomenon in justice delivery and has become an embarrassment to federal and state governments. The CJN initiated moves to partner the Executive, represented by the office of the Attorney-General of the Federation and Minister of Justice, to curb this menace. He advised close supervision, and frequent visits of heads of courts to prisons within their jurisdictions, and synergising with Attorney-General of states as veritable steps to a lasting solution.
Reforms
Chief Justice Onnoghen inaugurated six committees to ensure the success and sustainance of his policy initiatives and reforms implemented in the judicial system. The committees are: Committee on Judiciary Pension, Committee on Staff Audit in the Judiciary, Committee to draw up a Three Year Expenditure Framework for the Judiciary effective 2019 – 2021, Committee on Judiciary Integrated Payroll System (JIPS), Committee on Inventory of On-going Projects in the Country and Committee on Commencement of Work on the Yellow Houses Axis.
Each committee was given terms of reference to assist the judiciary tackle its challenges.
Despite that the policy initiatives and reforms have been implemented to change the public perception of the judiciary, it is clear that more still needs to be done to make the judiciary rank among the best in the world.
What then can be done to attain this enviable height?
What are the expectations of those in the justice sector in the new legal year? What kind of reforms would be there in the new legal year and what more could be done to improve the system to make it the beacon of hope to the ordinary man?
Lawyers’ expectations
Lawyers, while commending the reforms in the judiciary, spoke of the need for more reforms in the sector in the new legal year.
Those who spoke with The Nation on their expectations include Layi Babatunde (SAN), immediate past Nigerian Bar Association (NBA) Second Vice President Monday Ubani; law teacher Mr Wahab Shittu, and Crime Victims Foundation of Nigeria (CRIVIFON) Executive Director Mrs Gloria Egbuji.
Others are former NBA NBA Lagos Branch Chairman Mr Martin Ogunleye and member, Ogun State Judiciary Service Commission, Mr Abayomi Omoyinmi.
Babatunde said: “I expect that the bench and the bar, will work harmoniously in upholding and protecting the rule of law.
“This is the societal safety net against tyranny, oppression and indeed all misguided use of state power. It is the foundation on which our incubating democracy rests. Without it, we will all be doomed as it were.
“Our judicial process is still slow and we need to find ways to hasten the process , without compromising justice delivery .We must find creative ways to use the large body of tested case law available in resolving disputes .
“Our judges are overworked and in some cases overstretched by the sheer size of their docket, unfortunately in an atmosphere of poor infrastructure. It is in the interest of us all that we look into how best to ameliorate this situation. For starters, the much touted financial autonomy for the judiciary needs the required wings to fly”, he added.
Ubani said it would be difficult to accuse the government of not introducing reforms within our statutes and procedural rules. He said the federal and state governments have carried out reforms within the civil and criminal sectors which have slightly improved the administration of justice.
Ubani, however, noted that the enforcement of fundamental human rights rules have been simplified and modified to ensure quicker and easy access to justice by those whose rights are violated or threatened to be violated.
“We can say that these reforms are getting better and attention is being paid in that direction, but the problem is non obedience and disregard to the judgement of the courts by other arms of government especially the Executive arm of the government,” he said.
The reality, according to him, is that the judiciary is not totally independent, operationally and financially.
He said, for instance, that there is an undue interference from the Executive and it is not allowing the development of the judicial system. “We must try to change the narratives and fast too, to avoid the continuous loss of confidence of the people on our judiciary,” Ubani said.
On the new legal year, he said there was the need for a smooth, and quicker dispensation of justice. “Our justice system is terribly slow and frustrating. The average time to conclude trials is four years, appellate opportunities take at least seven or eight years minimum to resolve. In some cases it take longer time and humongous amount to obtain ‘justice’ in Nigeria.
“The point is that the common masses are beginning to loose confidence on the judiciary and are resorting to other mechanisms including self help to resolve legal disputes. You must agree with me that that is not healthy for our economy and polity.
“ True reforms is when we start to have justice delivery system that is quicker and efficient. If we reform all the laws both substantive and procedural and fail to reform the human beings who will implement the laws we may not get it right.
“Take, for instance, service and assignment of cases, we are still having problems in that area except in National Industrial Courts where things are different in a positive manner.
“We must devise means to ensure that our processes are served with proof of service delivered in the courts’ files without the attendant bottlenecks as presently experienced.
“Cases should also be assigned to trial judges without delay. Judges are enjoined to manage their cases efficiently and effectively, long and unnecessary adjournments should not be entertained from any of the parties by our judges.
“Judgments of courts must be obeyed and enforced as non obedience and lack of enforcement destroys the confidence in the judicial system.
“ We must carry out a more holistic reforms in the system, it includes making the recruitment process more transparent and predictable.
“We must insist on having the facilities and structures put in place, we need decent and conducive court rooms, power and use of ICT in recording and writing judgements of courts.
“Judgements when delivered should be made available to litigants or their counsels quickly without the unnecessary delays we experience presently,” Ubani said.
‘Justice must be seen to be done’
According to Ubani, the judiciary remains the last hope of the common man and we must make it to remain so.
To him, justice must not only always be done but be seen by the citizens to be done.
“We must ensure that we have our cases determine timously – justice delayed is justice denied.
“We must dispense with technicalities and dwell more on the substances of the cases.
“Justice must be impartial, fair and applicable to all irrespective of status, tribe or religion.
“Judgement of court must be obeyed by all no matter the personality,” Ubani said.
Wanted: independent judiciary
Ubani emphasised that the rule of law must triumph at all times; the financial and operational independence of the judiciary must be guaranteed; and that the human elements that act as a cog in the wheel must be worked on for improvement.
According to him, the basic infrastructure including the ICT mechanism should be deployed; adding that “all court judgements must be obeyed and enforced without any delay whatsoever unless varied on appeal”.
My expectations, by Shittu
Shittu noted that the Judiciary as the third arm of Government is strategic in safeguarding democracy and promoting the rule of Law.
His expectation in the new legal year is for a judiciary that will live up to these ideals.
“l look forward to a Judiciary that will preserve constitutionalism; protect rule of law, sustain separation of powers, guarantee fundamental rights, deepen our electoral process, strengthen democratic institutions, promote transparency and accountability, and generally enhance Good Governance.
“l look forward to a Judiciary that will have zero tolerance for corruption and deliver justice to all manner of people without fear or favour, affection or ill will.
“My expectation is a Judiciary that will be allowed to perform its constitutional functions without interference – a courageous, fearless, independent Judiciary with unfettered commitment to justice.
“I am optimistic that the Judiciary in the coming year will restore public confidence in the administration of Justice, a Judiciary that will fast track the justice delivery process in civil and criminal matters.
“ I foresee a Judiciary that will emphasise quality delivery standards, deepen ethical, moral and professional standards.
“My expectation is a reform conscious Judiciary that will embrace more than ever before lCT technological devices in enhancing efficiency and effectiveness.
“In summary, l look forward to a Judiciary that will strengthen democratic institutions and deepen democratic structures with a view to ensuring good governance.
“My expectation is that in the discharge of its statutory functions, the Judiciary will place adherence to the Rule of Law and constitutionalism as topmost priorities,” Shittu said.
“Fast tracking justice delivery system, intensifying the search for justice, deepening democratic institutions and structures, strengthening the war against corruption, guaranteeing rights protection,enhancing the quality of separation of powers, judicial integrity and independence, embracing quality reforms process,restoring public confidence in the justice system,rebuffing needless political and other pressures and generally ensuring good governance,” he added.
Needed: Restorative justice
Egbuji called for restorative Justice in the new legal year.
“My view is that the practice should as a matter of urgency be made part of our justice system because it creates a balanced justice for all.
“Our criminal justice system as inherited from the colonial masters has remained largely distributive and punitive or just dessert in nature.
“The victim of crime is largely left alone to deal with their matter as the state is more concerned with punishing the perpetrators leaving the victim to stew in his innocence,” she said.
The CRIVIFON Executive Director said with restorative justice, parties can be brought together and the victims will be heard.
“There will be room for them to talk about their cases, allowing the perpetrator to know what he did and the victim will tell his story that can be healing to him.
“If at the dialogue session, the perpetrators is made to say sorry to the victim, the process of reconciliation and healing will set in.
“In some cases the victim can be compensated and reconciled. Through this practice, the victim can begin to be restored to his normal life before the crime event.
“The process is less time wasting cheaper in cost and reconciliatory in approach and the prisons will not be filled up with awaiting trial inmates.
“The whole world is going towards restorative justice and it is highly recommended for the country,” she said.
‘Uphold democracy’
As the country moves towards 2019 general elections, Egbuji said her expectations are that the judiciary and the courts will work more vigorously and diligently to ensure that democractic rules are respected.
She expects unbiased judgments, especially on issues involving the interpretation of the electoral laws and electoral processes.
“New areas of clarifications are bound to come up regarding the separation of powers viz-a-viz judiciary, legislature and the executive arms of government.
“For instance, issues-around defections from one party to another, the position of defectors within their parties and their constituencies and the electorate,” she said.
Egbuji argued that there will be greater expectations in the quick dispensation of justice particularly on areas of election petitions and related matters.
According to her, “there will, in general, be higher expectations in quick justice dispensation, incorruptible judges and more expectations from the National Judicial Council (NJC) on quick and harsher punishment for erring judges to serve as deterrence to others”.
She added: “Everybody will expect to see a judiciary that is fully independent of the executive and have the highest integrity zero tolerance to corruption and indeed the last hope of all common Nigerians.”
‘Clear policy needed’
Ogunleye said he expected a judiciary that is driven by policies, which ought to be “dispensing qualitative justice and timeous adjudication of disputes”.
According to him, it is common knowledge that the economy suffers as a result of the snail speed of disputes resolution.
He noted that at the lower levels, claims for arrears of rent and repossession of property take between one and two years to resolve and this affects investment in real estate.
He also noted that bigger commercial disputes also take several months and years to resolve and that this affects foreign direct investment.
On reforms, Ogunleye said: “It is an abberation that in this age and time, the majority of our court proceedings are recorded manually and this is one area we need to correct now.
“There is also the need for our different judiciaries to embrace technology, develop functional websites with payment portals and actually employ their websites to inform and interact with the public.
“It is strange that one can incorporate a company, pay duties and fees online but we cannot file simple applications in any court unless you physically take documents there and pay the fees across the counter in one bank or the other.”
The former NBA Lagos branch chairman emphasised: “Our judicial process must be transparent. Everyone must be able to log into a court website and access information, even if at a fee.
“This would help revamp the image of the judiciary and restore hope and faith in the system.
“In summary, ICT would play a pivotal role in building a judiciary of our dream.”
‘Justice without fear, favour’
Omoyinmi said the judiciary should dispense justice without fear or favour and interference, especially as the country goes into an election year.
“It is usually expected that election petition cases will be instituted in this new legal year.
“Considering the peculiarities of such cases before the tribunal, the judiciary must stand up to the occasion as an independent arm of the government with enormous power it derived from the constitution to decisively adjudicate, applying the law and not sentiment or political meddlesomeness or influence from politicians,” he said.
Omoyinmi said Chief Justice Onnoghen deserved commendation for setting up the special courts.
Other reforms, he suggested, were in election petition tribunal, which he believes should have retired judges.
This, he said, would prevent delays arising from judges having to be assigned to handle election petition cases over a period.
“The introduction of lawyers as court registrars as is experimented in Lagos is also a reform that could gradually be introduced in courts in the federation.
“The introduction of modern technology that can fast-track filing of court process, mode of payment of filing fees, enhancing communication and transparency among all stake holders. Prompt and quality dispensation of justice will give hope to the ordinary man,” he said.