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Tag: magistrates

  • Ogun gets new magistrates

    Ogun gets new magistrates

    The Chief Judge of Ogun State,  Justice  Olatokunbo Olopade  has sworn in three new Magistrates to ensure the smooth administration of justice in the state.

    The new Magistrates, who were sworn in last week, are Sotayo Sotunde Seni, Orekoya Ibukun-Oluwa and Olusanya Oluseyi.

    Speaking at the ceremony held in her office, Justice Olopade said  the appointment of the magistrates was aimed at reinforcing the magistracy and to bring quick and fair justice closer to the people in the state.

    Justice Olopade noted that the appointments were made as a result  of  painstaking exercise of recruiting new magistrates to complement the efforts of a formidable team of Magistrates and Jurists in the state in accordance with the high standard for which the Ogun state Judiciary was known for.

    She  noted that the judiciary under her close supervision frowns at actions that could bring disrepute to the sector and the state in general.

    She emphasised that she would not condone any acts of misconduct such as negligence of duty, truancy and favouritism.

    She charged the appointees to uphold the ethics of the profession in the course of discharging their statutory responsibilities to the society and make self-discipline their watchword.

    “I enjoin you all to always uphold the ethics of the legal profession, always and should make self-discipline your watchword. Moreover, I want you to join this administration in making Ogun State Judiciary a Cathedral of Justice, truly independent, transparent, committed to upholding the rule of law, equity and restoring hope to all manner of men”, Justice Olopade said.

    She enjoined the appointees to engage in thorough research before writing judgments, exhibit respect to the Bar and litigants, as well as caution and control their temper when provoked.

    The CJ said the new Magistrate would be attached to  Chief Magistrates for one month’s tutelage, while they are expected to start court sitting on October 12, this year.

    Presenting the new Magistrates, the Chief Registrar, Mr. Olusola Oloyede, described the occasion as unique as the state Judicial Service Commission (JSC) found the lawyers worthy of the appointment both in learning and character.

    Responding on behalf of other appointees, Mr. Sotayo Sotunde Seni said it was a rare privilege accorded them, promising that they would discharged their duties without fear or favour.

     

     

  • Ogun appoints three magistrates

    Ogun State judiciary has appointed three magistrates to ensure quick and smooth administration of justice.

    At the presentation of the magistrates in her office yesterday by the Chief Registrar, Mr. Olusola Oloyede, the Chief Judge, Justice Olatokunbo Olopade, said the appointment would  reinforce the magistracy as well as bring quick and fair justice closer to the people.The appointees are Sotayo  Seni, Orekoya Oluwa and Olusanya Oluseyi.

    Justice Olopade said the appointments followed painstaking process of recruiting magistrates to complement the efforts of a formidable team of magistrates and jurists.

    The chief judge noted that the trio were picked in a manner that met the “high standard” for which the state judiciary was reputed and advised the appointees to uphold the ethics of the profession.

    She said the judiciary under her frowned at actions that could bring disrepute to it and the state, saying misconducts, such as negligence of duty, truancy and favouritism would not be condoned.

    Justice Olopade said: “I enjoin you to uphold the ethics of the legal profession. You should make self-discipline your watchword.

    “I want you to join this administration in making the Ogun State judiciary a Cathedral of Justice, truly independent, transparent, committed to upholding the rule of law, equity and restoring hope to all.”

    She said the magistrates would be attached to the chief magistrates for one month tutelage. They are expected to start sitting on October 12.

    Responding on behalf of other appointees, Mr. Sotayo said it was a privilege accorded them to serve, promising that they would discharge their duties without fear or favour.

  • When judges, magistrates turned against journalists

    When judges, magistrates turned against journalists

    Judges and magistrates have barred journalists from covering some cases, including those considered to be in the public interest. A recent example involved Justice Aishat Opesanwo, who walked journalists out during a robbery trial. Are such cases supposed to be heard in ‘private?’ PRECIOUS IGBONWELUNDU asks.

    It started with Magistrate O.O. Martins of Lagos Magistrate Court, Igbosere in 2012,  who, on several occasions, walked reporters out of her courtroom for no reason.

    At first, journalists thought it was probably because the cases in question were among those for exemption as provided for in Section 36(4) of the 1999 Constitution and as such, obeyed her directive.

    Unfortunately, that was not the case as the Magistrate one morning openly said: “I don’t want reporters in my court,” irrespective of the fact that the cases she handles neither jeopardise state security, involve minors, nor endanger public health.

    This reporter decided to confirm the complaints from her colleagues who she had chased out before from her courtroom.

    So, that fateful morning in 2012, she was among the first callers at the court and quietly sat on the last bench awaiting the arrival of Magistrate Martins to commence the day’s proceeding.

    As soon as she came in and was about to start taking matters, one of her support staff walked up to her and whispered something in her ear.

    The look on Martins’ face was anything, but unpleasant as she yelled: “I have said it severally that I do not want journalists in my court.  What are you doing here? Get out of this place and let no reporter ever come to this court again.”

    Seeing her so  enraged, the reporter quietly, but angrily left her court and never went there again till date.

    As if that was not enough, a High Court Judge,  Justice Aishat Opesanwo, last week banned reporters from covering a murder trial in her courtroom on grounds that “it is a private matter.”

    Unlike Magistrate Martins, Justice Opesanwo was calm as she told the three female reporters seated at the gallery to leave the court because they were not needed.

    Aside the two examples personally witnessed,  incidences abound where reporters have reportedly been humiliated and sent out of courtrooms by judicial officers in outright violation of the constitution, which clearly categorises a court as a public place.

    As if to borrow a leave from their learned brothers on the Bench,  instances abound where some lawyers, who came late to court and could not secure seats at the Bar, have asked reporters to vacate their seats at the gallery for them.

    There was a particular case at the Federal High Court,  Lagos, before Justice Ajumogobia, where a latecomer lawyer tapped a reporter on his shoulder and said “get up I want to sit down.”

    Initially, the reporter ignored him thinking he would respect himself and leave, but when he persisted, the angry reporter scolded him to the hearing of the judge, who also reprimanded the lawyer.

    However, most reporters have expressed worries over this cold war or seeming disdain for them by judicial officers, who see their presence in courts as intruding rather than fulfilling their constitutional obligations.

    Some have wondered whether the actions of the judicial officers were as a result of sheer ignorance of the law or because they have skeletons in their cupboards, which they do not want the journalists to uncover.

    They are worried that as custodians of the law, judicial officers who should, at all times, uphold the constitution, have turned to lawbreakers.

     

    What the law says

     

    The Constitution in Section 36 (3) expressly classified a court as a public place and went further in 36 (4) to state thus: “whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.

    “Provided that (a) a court or such tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety,  public order, public morality, the welfare of persons, who have not attained the age of (18) eighteen years,  the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice.

    “(b) If in any proceeding before a court or such a tribunal, a Minister of the government of the federation or a Commissioner of a state satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in Private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

    Similarly, the Supreme Court in the case of Nigerian Arab Bank (NAB) vs. Barri Engineering (1995) cited in the Nigerian Weekly Law Report (NWLR) (pt.  413) 257 at 290; as well as the Court of Appeal in Asani Kosebinu vs Misri Aliyu (2005), stated categorically that the courtroom is a public place and the only place where court proceedings can take place.

    While nullifying the delivery of judgment in-chambers by judges,  the court cited Justice Ogundare (JSC) thus: “A judge’s chambers is not one of the regular court rooms nor is it a place to which the public have right to ingress and egress as of right except on invitation by or permission of the judge.

    “It is my firm and considered view that a place qualifies under Section 36 (3) of the Constitution to be called “public”, and which a regular court room is, if it is out rightly accessible and not so accessible on the basis of the “permission” or “consent” of the judge…

    “It is of essence of justice that not only should it be done, but that it should actually be seen to be done.

    “Any act of secrecy, however desirable it might seem, detracts from the aura of impartiality, independence, publicity and unqualified respect which enshrouds justice given without fear of favour.”

    In the same vein, many senior lawyers whose counsel were sought following the issue said it wrong for the judicial officers to ask reporters to leave the court, just as they explained that there was no such thing as “private matter” in a public court.

    The lawyers advised the reporters to petition the Lagos State Chief Judge,  Justice Funmilayo Atilade, so that such actions by judicial officers can be contained.

    However, the Lagos State Attorney General, Ade Ipaye when contacted,  said Justice Opesanwo took the action in order to protect prosecution witness in the case.

    He said: “It was for witness’ protection. Perhaps she should have explained better. Witness felt threatened and afraid and would have had to leave his residence if made to testify in public view.”

     

     

     

  • CJN warns magistrates against scuttling electoral process

    CJN warns magistrates against scuttling electoral process

    •Mohammed advises ICPC on thorough probe

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has warned magistrates against allowing themselves to be used by politicians to scuttle the electoral process.

    He also advised the authorities of the Independent Corrupt Practices and other related offences Commission (ICPC) to be thorough in its investigation and support its cases with cogent evidence to avert delays in the prosecution of corrupt cases.

    Justice Mohammed, according to a statement by his media aide, Ahuraka Yusuf Isah, spoke in Abuja at the weekend when representatives of the Magistrates Association of Nigeria (MAN) and ICPC visited him.

    The national executives of MAN were led by its Acting National President, Chief Magistrate Victoria Isiguzo.

    “I must urge you to shun corruption and unnecessary affiliation with the political class or politically exposed persons, who may not hesitate to turn you into instrument of intimidation or use you to remove his or her rivals from circulation during this year’s election cycle,” the CJN told the magistrates.

    The CJN in January, while inaugurating members and chairmen of electoral tribunals, handed out a similar warning to judges.

    He urged the magistrates to stop imposing stringent bail conditions, which indirectly had contributed to the congestion in the nation’s prisons.

    He urged them to desist from indulging the police in granting pre-trial detention of suspects because in most cases, the police were ill-prepared to prosecute their cases.

    The CJN noted that many people were being held in custody without charges, while others were detained pending further investigation, otherwise known as “awaiting trial”.

    He observed that a number of people were being detained on first information reports which, upon examination, might operate as holding charge, thereby allowing the prosecutor fish for more evidence to back up their trial, while the accused persons languish in custody.

    “A corollary to this is the imposition of such bail terms, which an accused has no real hope of meeting.  I wish to use this medium to counsel magistrates to judiciously and carefully exercise their discretion to remand and consider alternatives to detention where possible, and to set reasonable bail terms as appropriate,’’ he said.

    The CJN said effort was on to ensure proper recognition of magistrates in the constitution as judicial officers.

    He said: “Magistrates perform judicial functions and they are bound by the Code of Conduct for Judicial Officers, but Section 318 of the 1999 Constitution (as amended) does not recognise them as judicial officers.

    ‘’Consequently, we are including proposals to the National Assembly that the magistrates be formally considered as judicial officers as defined under Section 318 of the Constitution, given the undeniable relevance of our Magistracy to justice dispensation in the country.’’

    The CJN told the ICPC delegation led by its Chairman, Ekpo Nta, that the commitment of the Judiciary to speedy dispensation of justice led to the introduction of Practice Directions in 2013 to fast-track major crimes and corruption cases in addition to designating some judges/courts to deal mainly with economic crimes and corruption cases.

    Justice Mohammed advised the commission to avail itself of these rules and the designated courts so as to ensure that corruption and economic crimes cases were promptly heard.

    The CJN advised the commission to strengthen its investigation and prosecution units and support charges with evidence for speedy trial of cases.

  • ‘How judges, magistrates contribute to prison congestion’

    ‘How judges, magistrates contribute to prison congestion’

    The Nigerian Prisons Service (NPS) has attributed the growing incidence of congestion in prisons and death of inmates to the delay in the nation’s criminal justice system and attitude of prosecutors, who mostly do not handle cases diligently.

    The NPS argued that judges and magistrates engage in delay and abuse their pre-trial detention discretion. It queried the wisdom in the practice where prosecuting agencies bring multiple charges against accused persons in different courts, when such cases could be consolidated and tried with dispatch.

    The Service,  in a statement issued in Abuja by its Public Relations Officer (PRO), Ope Fatinikun, reacted to allegations linking it with the deaths of some prison inmates. It denied involvement in the illegal killing of inmates as claimed in a recent publication by rights activist, Femi Falana (SAN).

    Citing the most recent case of death in prison of the alleged trans-border criminal, Hamanni Tijanni, Fatinikun said the late inmate died as an awaiting trial, having been on trial for over 10 years, during which he was taken to various courts for more than 100 times.

    Tijanni’s cases, Fatinikun said, were never completed before he died.  Tijanni, from Benin Republic, was being tried for his alleged complicity in the robbery attempt on the vehicles conveying the daughter of former President Olusegun Obasanjo, Iyabo. He was first remanded in the Maximum Security Prison, Lagos by a Chief Magistrate Court in Ijebu- Ode, Ogun State on June 22, 2003. He remained in prison until his death.

    “Tijanni, was remanded in Maximum Security Prison,Kirikiri, Lagos on June 22, 2003 by the Chief Magistrate Court, Ijebu-Ode, for allegedly receiving stolen property. On December 12, 2003 an Abeokuta High Court also detained him, having been charged with conspiracy to commit armed robbery. A Lagos High Court remanded him on February 14, 2004 for allegedly receiving stolen property.

    “Trial in the Abeokuta High Court case began on 2nd February 2005. Despite the constraint of inadequate vehicles at the Lagos State Command, a vehicle was dedicated to him (Tijanni) since he was standing trial in multiple cases in different locations in Lagos and Ogun States,” he said.

    Fatinikun said Tijanni was taken to courts 194 times before he died on December 19, last year. He gave details to include:  Chief Magistrate Court, Ijebu-Ode, 50 times; Abeokuta High Court, 37 times and the Lagos High Court, 117 times.

    “On December 7, 2007, after about four and a half years, as awaiting trial person, he was sentenced to 10 years imprisonment by the Ijebu-Ode Court; the Abeokuta High Court discharged him for lack of diligent prosecution, while the Lagos High Court was still hearing his case till his death.

    “The Maximum Security Prison, Kirikiri has a referral hospital, which caters for the medical needs of all inmates in Lagos. The hospital runs 24 hours and usually has about four doctors on shift duty.

    “On admission, Tijanni was diagnosed with hypertension and was placed on drugs. But on February 20, 2011, his condition deteriorated, the hypertension became severe and he was immediately admitted into the Maximum Prison’s referral hospital.

    “On February 13, last year, Tijanni took voluntary discharge from the hospital and refused medication despite his blood pressure being very high and as against medical advice. The Welfare Section of the prison referred him to the Counseling Unit. The Controller of Prisons, Lagos State Command advised him against such action, but all efforts proved abortive.

    “Sadly, on the night of June 16, last year, Tijanni had a left sided stroke and was rushed to the Maximum Security Prison’s referral hospital, where he was initially admitted for stabilisation. On June 18,  (less than 48hrs after the initial stroke) he was referred to the Nigerian Navy Reference Hospital, Ojo, Lagos (with card no 07-08-38).

    “He was seen by a cardiologist, and Physiotherapist and treatment started the same day. He was usually taken to the Navy Hospital every two days and was always seen by the Cardiologist as and when due.Based on his condition, the prisons formerly wrote the Lagos State’s Attorney-General on Mr. Tijanni’s health challenges and the need to expedite action on his trial, which was characterised by frequent adjournments.

    “To this effect, on December 24,  the Attorney-General of Lagos State sent a team of doctors from the Lagos State University Teaching Hospital (LASUTH) to ascertain the health conditions of Mr. Tijanni. The team examined him and took samples for investigations. The team promised to come back, but never did until his death.

    “Finally, Mr Hamanni Tijanni died in his sleep on December 19. All necessary agencies were notified and autopsy was carried out by the Lagos State Government in the presence of members of his family and lawyers. The report of the autopsy is available ,” Fatinikun said.

  • Judge seeks hazard allowance for magistrates

    The Chief Judge of Anambra State, Justice Peter Umeadi, has called for the payment of hazard allowance to magistrates.

    This, he said, is because “magistrates bear the brunt of the beginningof all criminal prosecution in our judicial system.”

    He recommended that they be paid a minimum of N150,000 per month.

    Justice Umeadi spoke in Awka, the Anambra State capital, during the third Chief Judge’s annual dinner.

    He urged the government to improve the magistrates’ general conditions, including providing all of them with official cars.

    He said: “There is need to pay a hazard, robbing and sitting allowance to all learned Magistrates in Anambra State in the minimum of N150,000 monthly. I repeat, His Excellency, that the learned Magistrates bear the brunt of the commencement of all criminal prosecution in our judicial system.

    “Added to these are their civil jurisdictions which cater for the majority of the landlord and tenant cases and sundry civil cases which throng our courts on a daily basis. The Judiciary would be delighted if there is an announcement before this evening in over that the expected allowance of N150,000 monthly to the learned Magistrates would be paid with immediate effect.

    ‘’Recently, a law was passed in Anambra State wherein they have been put at par with Chief Magistrates in terms of emoluments and entitlements. It is sad that up till now they have not been issued with cars as their counterparts in the Magistracy.”

    Governor Willie Obiano urged the judiciary to endeavor to speed up the dispensation of justice, adding that it would be in the best interest of everybody in the state.

    He said his administration would work to ensure that adequate security and equipment to work with are provided for members of the bench.

    Obiano further assured members of the bench that he believed in them and the good work they are doing for the country, adding that he is in support of an independent Judiciar.

    He assured that all that is due to the judges and magistrates would get to them.

    Justice Benedict Bakwaph Kanyip of the National Industrial Court Lagos Division lamented that the judiciary budget has been on the decline since 2010, adding that the experience of late has been anything but commendable.

    Kanyip lamented at a situation where budgetary allocation to the Judiciary continues to drop while the general government budget continues to increase, describing it as the major impediment to the quick and effective dispensation of justice in Nigeria and on the whole a set back to the current effort at transforming the Judiciary.

    He said: “For instance, in the 2013 fiscal year of the over N5trillion amended Federal Budget , while the National Assembly got N150billion, the National Judicial Council on the other hand got N67billion (the assumption here is that the balance of the budget went to the Executive arm of Government). The worrisome thing here is that while the overall Federal Budget from year to year had been on the increase, that of the judiciary has been on the decline.

    “Over the years, funding of the courts has remained a challenge as evinced in the condition of many courts in Nigeria today. Statistics have shown that funding from Federal Government has witnessed a steady decline since 2010 , from N95billion in that year, to N85 billion in 2012 and dropped again in the 2013 budget to N67billion.

    “Indeed, with this amount , if the amount allocated to the extra-judicial organisations within the judiciary is deducted , the courts are left with a paltry sum to operate. The simple implication is that our courts are increasingly finding it difficult to effectively perform their day to day constitutional roles.”

  • Magistrates in Anambra get official vehicles

    Governor Peter Obi has presented 58 brand new cars to magistrates serving in the state.  Obi, who handed over the vehicles at the Governors Lodge, said they were replacement for the set of cars earlier provided to the magistrates by his administration.

    The governor, who recalled that his administration would be the first to provide vehicles to judges and magistrates, commended the contributions of the judiciary in building a better state.  He explained that the cars would help them to carry out their functions effectively and noted that in spite of the low revenue profile of the state, his administration has continued to meet its obligations, while requesting them to assist in boosting the Internally Generated Revenue.

    The State Chief Judge, Justice Peter Umeadi, said Obi’s administration has remained responsive to the needs of the judiciary since inception.  Justice Umeadi assured that they would continue to reciprocate the kind gesture.  He reminded the citizens of the need for prompt payment of taxes as a civic responsibility.

    The Attorney General and Commissioner for Justice, Mr. Peter Afuba, observed that the Judiciary played fundamental role in the government’s vision of eradicating poverty and achieving the MDGs as well as assisting in revenue generation by persecuting revenue offenders.

  • Lagos CJ to judges, magistrates: join the train or be left behind

    Lagos CJ to judges, magistrates: join the train or be left behind

    Lagos State has ushered in a new legal year. It is the first under the new Chief Judge, Justice Ayotunde Phillips. It was marked with week-long activities, including religious services, a stakeholders’ summit and a dinner, reports JOSEPH JIBUEZE.

    With a dinner last Friday, the week-long activities to mark the beginning of the new legal year in Lagos ended.

    It was a night of fun as judges, magistrates and lawyers momentarily forgot about law and took to the dance floor with Governor Babatunde Fashola (SAN) to usher in the 2012/2013 legal year.

    The week began with religious services, and a visit to the prisons by the Chief Judge, Justice Ayotunde Phillips, who released 233 detainees, and a stakeholders’ summit.

    At the dinner, Fashola told the members of the bench to be “above suspicion like Caesar’s wife.”

    Admitting that the Lagos High Court is the largest in Nigeria in terms of structure, size, number of judges and cases handled, which make the judges’ workload “daunting”, the judges, he said, are a gold fish with no hiding place.

    Fashola said while Caesar’s wife may not have been guilty of infidelity, the fact that she was suspected of wrongdoing was enough for her husband, who had a very high sense of morality, to end associations with her, leading to a divorce.

    Although the judges may experience “unfair perception,” he said it was in their hands to exhibit discipline in punctuality, in well-researched decisions and in the quality of their judgments.

    “Can you truly be above suspicion when majority of your decisions are reversed on appeal?” the governor asked.

    To him, much more is expected of the judges. “You are judges of the Lagos High Court, and Nigerians are looking to you for direction. Where you lead, others follow.”

    Judges, he said, must see themselves as social engineers, promote public good and have greater participation in providing security for the people.

    The governor said his administration was working towards a new Lagos. “We must match ahead for a new Lagos that is better than the past. Lagos will only prosper if we remain innovative,” Fashola said, noting that the dinner was an innovation in itself.

    “Our actions will be remembered long after we have left. Let us do things that will usher in greater prosperity in the land,” he said.

    Justice Phillips urged judges who lack computer skills to acquire them, as the use of Information and Communication Technology (ICT) would form the basis of her administration.

    She said computers and laptops would be distributed to every member of the Bench. “I am serving notice on everybody now to get IT-compliant.

    “It’s either you hop on the train or you hop off,” she said, adding that notice of meetings would be served via the internet. “You either hop on the train or be left behind.”

    A website has been created for the state judiciary, she said, adding that all the judges now have official e-mail addresses. Magistrates will have theirs by year end as the judicial information systems are deployed.

    Justice Phillips said new judges would be appointed, while the welfare of all staff would remain a priority. Judges chambers will be refurbished, she said.

    Proposing a toast at the dinner, retired Supreme Court Justice George Oguntade said: “I am a living witness that the Lagos Judiciary is the best in Nigeria.”

     

    Religious services

     

    Religious services were held at the Cathedral Church of Christ, Lagos and at the Central Mosque last Monday.

    Fashola, speaking at the Central Mosque, appealed to judges and magistrates before whom people will be brought in the implementation of the new Lagos Traffic Law to dispense justice without fear or favour.

    Archbishop of Ecclesiastic Province of Lagos, Anglican Communion, Rev Adebola Ademowo, said the alleged killers of Cynthia Osokogu must be brought to justice. The cleric urged the judges to be uncompromising, independent and fearless in the discharge of their duties.

    Chief Imam of Lagos State Alhaji Akinola Ibrahim said a special prayer for the release of television presenter Alhaji Rasaq Gawat.

    Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr Onyekachi Ubani, said he expected the judges to show more consideration to lawyers.

    “If a magistrate or judge knows he or she is not going to be around, there is nothing wrong in calling the lawyers ahead to inform them not to bother coming to court. We want to see a justice delivery system that is sensitive,” he said.

     

    Release of detainees

     

    “The release of prisoners is going to be a continuous exercise,” Justice Phillips said. Last Tuesday, she freed 233 awaiting trial inmates in both the Maximum and Medium Security Prisons in Kirikiri.

    Speaking at the stakeholder’s summit, the Lagos Attorney-General and Commissioner for Justice, Mr Ade Ipaye, allayed fears over possible rise in crime in the state with the release of 233 inmates.

    Ipaye described as “barbaric” the practice of keeping suspects in prison while investigations were ongoing.

    According to him, since everyone is presumed innocent until proven guilty by a court of law, depriving a man of his liberty “by locking him away when there has been no pronouncement of guilt” is not justifiable. It should be done away with, he said.

    “It is the most effective decongestion effort that has taken place in a single day,” he said, adding that the freed persons can still be re-arrested if need be.

     

    Stakeholders’ summit

     

    Last Wednesday, Justice Phillips launched the High Court of Lagos State (Civil Procedure) Rules 2012 and the Family Court of Lagos State (Civil Procedure) Rules 2012.

    The High Court rules, however, are yet to become operational. The Chief Judge said “a lot” still needed to be done in terms of infrastructure and personnel to get them working.

    A member of the review committee, Justice Habeeb Abiru, said Alternative Dispute Resolution (ADR) is no longer optional, and there are sanctions for refusal to abide by the rules on ADR.

    Another member, Justice Kazeem Alogba, said the new rules have closed gaps in the old one in terms of simplicity and practicability of some provisions, such as the written address being filed out of time.

    For instance, he said if a lawyer files a written address, but does not appear in court to adopt it for some reason, the court would deem the address adopted under the new rules.

    The judge said rules cannot work without the bar’s support. “We’re trying to de-emphasise litigation. Most cases in our courts are fought on ego basis. ‘I know I owe you, but I’ll make life difficult for you.’

    “What will it benefit you to spend 10 years on a case? I don’t think it is as long as you keep a case in court that determines the financial reward or otherwise,” Alogba said.

    The judges praised chairman of the review committee, Justice Opeyemi Oke, who they said worked very hard and galvanised others to ensure that the task was completed on schedule.

    Meanwhile, after the religious services on Monday, journalists were disappointed that Justice Phillips could not address them. They waited for over an hour to interview her on her programmes for the new legal year and other judicial issues, but she was said to be busy attending to other guests and matters.