The Nation Newspaper

Tag: Legal system

  • ‘Legal system reforms inevitable’

    •Babalakin proffers solution on judiciary’s growth

    The Pro-Chancellor and Chairman of the Governing Council of  University of Lagos (UNILAG), Dr. Wale Babalakin (SAN), has said “repositioning” of the legal profession is inevitable.

    Babalakin said this would enable the Judiciary to “guide the development of the nation in a manner consistent with the due process of law”.

    The eminent lawyer spoke yesterday in Ilorin, Kwara State capital, while delivering the 10th Justice J. M. Adesiyun Memorial Lecture.

    He expressed sadness at the state of the legal profession, and proffered solutions to the problem.

    Babalakin said: “The role of the legal profession in Nigeria has caused me severe heartache, but I am hopeful we can place this profession on the right path. We cannot afford a blame game, which will lead us nowhere. We simply have to draw a line and start again.

    “The legal profession must be restructured from the start. The curriculum in the universities must place the capacity to think on the highest pedestal. The Law School must become more practical than theoretical. The Bar must become more efficient. The amount of time wasted at the Bar makes the legal profession very unattractive to young men and women who have a lot of options.”

    On incessant adjournment of cases, Babalakin said: “Cases must go on the dates and time they are slated to go on. Courts must adjudicate on matters on the dates they are slated to go on. Courts must not sit at the convenience of counsel; counsel must make himself available on the dates chosen by the courts. Counsel cannot agree to adjourn cases without substantial financial consequences.

    “A pleasant fallout from this is that law firms must become larger. The time of lawyers will become more valuable. It is not fair to younger lawyers that they spend a whole day in court and their matters are not heard because a couple of Senior Advocates have matters in court on the same day.”

    On the criteria for the appointment of Senior Advocates, the eminent lawyer said: “The criteria for appointing Senior Advocates in Nigeria must be reappraised. The current criteria have the tendency to congest the courts. Many cases are filed today not because of the seriousness of the issues between the parties, but because lawyers require a certain number of cases to qualify to apply for the rank of Senior Advocate of Nigeria.”

    Calling for improved remuneration for judges, Babalakin said: “There is need to enhance the status of the Judiciary and reposition it to where it was before 1975. Remuneration of judges must be enhanced. The idea of a judge not having enough resources to live comfortably anywhere in the country is unacceptable.

    “The appointment of judges must be on merit. I do not subscribe to the opinion that the need to comply with Federal Character in the appointment of judges is the reason for the weak appointments made to the Bench. I have had the privilege of working in all parts of Nigeria; every part of the country has exceptional men and women who are deserving of judicial appointments and can be appointed in their zones.”

    The lecture was chaired by the Chief Judge of Kwara State, Justice S. D. Kawu.

    Dignitaries at the lecture include a former Appeal Court President, Justice Ayo Salami (retd), Kwara State House of Assembly Speaker Dr. Ali Ahmad, former Attorney-General of the Federation, Chief Bayo Ojo (SAN) and Malam Yusuf Ali (SAN).

    Others are: Mr Lawal Rabana (SAN), Alhaji Aliyu Salman (SAN) and Chief Duro Adeyele (SAN).

  • ‘Legal system reforms inevitable’

    The Pro-Chancellor and Chairman of the Governing Council of  University of Lagos (UNILAG), Dr. Wale Babalakin (SAN), has said “repositioning” of the legal profession is inevitable.

    Babalakin said this would enable the Judiciary to “guide the development of the nation in a manner consistent with the due process of law”.

    The eminent lawyer spoke yesterday in Ilorin, Kwara State capital, while delivering the 10th Justice J. M. Adesiyun Memorial Lecture.

    He expressed sadness at the state of the legal profession, and proffered solutions to the problem.

    Babalakin said: “The role of the legal profession in Nigeria has caused me severe heartache, but I am hopeful we can place this profession on the right path. We cannot afford a blame game, which will lead us nowhere. We simply have to draw a line and start again.

    “The legal profession must be restructured from the start. The curriculum in the universities must place the capacity to think on the highest pedestal. The Law School must become more practical than theoretical. The Bar must become more efficient. The amount of time wasted at the Bar makes the legal profession very unattractive to young men and women who have a lot of options.”

    On incessant adjournment of cases, Babalakin said: “Cases must go on the dates and time they are slated to go on. Courts must adjudicate on matters on the dates they are slated to go on. Courts must not sit at the convenience of counsel; counsel must make himself available on the dates chosen by the courts. Counsel cannot agree to adjourn cases without substantial financial consequences.

    “A pleasant fallout from this is that law firms must become larger. The time of lawyers will become more valuable. It is not fair to younger lawyers that they spend a whole day in court and their matters are not heard because a couple of Senior Advocates have matters in court on the same day.”

    On the criteria for the appointment of Senior Advocates, the eminent lawyer said: “The criteria for appointing Senior Advocates in Nigeria must be reappraised. The current criteria have the tendency to congest the courts. Many cases are filed today not because of the seriousness of the issues between the parties, but because lawyers require a certain number of cases to qualify to apply for the rank of Senior Advocate of Nigeria.”

    Calling for improved remuneration for judges, Babalakin said: “There is need to enhance the status of the Judiciary and reposition it to where it was before 1975. Remuneration of judges must be enhanced. The idea of a judge not having enough resources to live comfortably anywhere in the country is unacceptable.

    “The appointment of judges must be on merit. I do not subscribe to the opinion that the need to comply with Federal Character in the appointment of judges is the reason for the weak appointments made to the Bench. I have had the privilege of working in all parts of Nigeria; every part of the country has exceptional men and women who are deserving of judicial appointments and can be appointed in their zones.”

    The lecture was chaired by the Chief Judge of Kwara State, Justice S. D. Kawu.

    Dignitaries at the lecture include a former Appeal Court President, Justice Ayo Salami (retd), Kwara State House of Assembly Speaker Dr. Ali Ahmad, former Attorney-General of the Federation, Chief Bayo Ojo (SAN) and Malam Yusuf Ali (SAN).

    Others are: Mr Lawal Rabana (SAN), Alhaji Aliyu Salman (SAN) and Chief Duro Adeyele (SAN).

  • NGO tasks stakeholders on speedy dispensation of justice

    Centre for Socio-Legal Studies, a Non-Governmental Organisation, on Friday urged stakeholders in the judicial sector to ensure speedy dispensation of justice in the country’s legal system.

    The call was contained in a communiqué signed by Prof. Yemi Akinseye-George at the end of the 3-day Judicial Colloquium on the 2015 Administration of Criminal Justice Act (ACJA) in Abuja.

    According to the communiqué, the stakeholders have roles to play to ensure that the intent of the Act was realised.

    “The Chief Judge and the Attorney-General as critical stakeholders must therefore assist to ensure that the intents and purpose of the ACJA is realised.

    “The objective of the Act is to promote speedy dispensation of justice, protect the rights and interests of the defendant and victims.

    “Part of the objective is to encourage restorative justice and modernises criminal justice tools ’’ the communiqué said.

    The communiqué also urged stakeholders to ensure that public confidence was reposed on the judicial system and through effective functioning of the Act.

    It called on states yet to adopt the Act to do so to protect the rights of citizens and increase oversight of state leadership of criminal justice institutions.

    The communiqué also called for harmonisation of rules and procedure for criminal cases across courts and across states.

    Akinseye-George had on Wednesday in his speech during the opening ceremony called for domestication of the Act by all states of the federation.

    According to him, such law was necessary as it was one of the pillars of the legal system in any civilised society.

     

     

  • Legal system bleeding seriously, says SAN

    Legal system bleeding seriously, says SAN

    Senior Advocate of Nigeria (SAN) , Mrs Folake Solanke, has described the recent linking of  judges  and  senior lawyers  with corruption as a calamity for  the legal profession.

    Solanke spoke yesterday in Ibadan at a special court session by the Oyo State Judiciary in honour of the  late  legal icon, Bandele Aiku (SAN).

    “In my 54 years at the Bar, I could not have imagined that we would now have honourable judges and Senior Advocates of Nigeria in the dock answering to criminal charges.

    “Of course,  they are presumed innocent until proven guilty, but the present situation of charging judges, in indictments, is a legal calamity and opposed to the meaning of “ Honourable Judges.

    “The legal system in Nigeria is bleeding internally and we must stop the dangerous haemorrhage in order to clean the Augean stable.

    “We have many judges who labour to render justice without fair or favour by abiding to their oath of office.

    `But a few erring judges tragically smear the upright judges and those in the legal profession with a paint of corruption by polluting the stream of judges,’’ Solanke said.

    She said it would be a dreadful mistake to condemn all judges and all SANs, adding that upright judges were respected all over the world and such respect ensured the smooth administration of justice worldwide.

    Solanke urged the National Judicial Council (NJC) to always expedite the process of taking decisions   on complaints against serving judicial officers.

    She said the legal profession  needed to formulate strategies to enable upright and knowledgeable judges to restore the golden age of the administration of justice.

    The senior advocate said the previous method of inviting suitable lawyers to the bench produced good judges who engendered the golden age.

    “Right now, applications, not limited to judicial officers, are being considered for appointment as judicial officers to the Supreme and Appeal Court.

    “We pray the exercise will be a spectacular success,’’ she said.