THE Nigeria Bar Association (NBA) and stakeholders have urged Nigerians to fight for the independence of the judiciary to ensure good governance and sustainable development.
They made the call at the three-day Seventh Annual Conference of the NBA Section on Legal practice (SLP), at Royal Choice Hotel, Old GRA Lobi Quarters, Makurdi, the Benue State capital.
It was declared open by Benue State Governor, Gabriel Suswam. Former Chief Justice of Nigeria (CJN) Justice Dahiru Musdapher, chaired the event; Nigeria Bar Association (NBA) President, Okey Wali, SAN; Chairman, Section on Legal Practice, Mr. Donald Denwigwe (SAN) gave opening remarks.
The Inspector-General-General of Police (IGP), Mohammed Abubakar, who was the keynote speaker, was represented by the Assistant Inspector-General of Police (AIG), Mike Zokulo.
Wali said infrastructural development and delivery were vital to nation building, noting that the efficient and effective delivery of services by the government, is dependent on the delivery of infrastructure.
He said: “The critical importance of well- performing public institutions, especially the Judiciary has attracted the attention of many. In the past, the focus was only on independence of the Judiciary from the other arms of government and how to secure the tenure of judicial officers. But now, infrastructural development and information technology in the administration of justice have assumed do much prominence that it is seen as a mechanism for efficient and effective justice service delivery.
“It goes without saying that some aspects of Justice Sector are bedevilled by decay, inefficiency and corruption. It is disturbing to note that in spite of all the reform measures that have been formulated over the years, the challenges impeding efficient and effective delivery of justice have continued unabated.”
‘’The provision of infrastructure such as power supply, court rooms, information technology, court procedures, and court processes, enforcement of judgement, appellate jurisdiction, and access to court,’’ he said, “are areas where challenges are being faced. Some are public utilities which are provided at the state and local government levels. In this regard, power supply and road stand out. Even information technology is dependent on regular supply of electricity.
Justice Mudapher said: “The theme of the conference Justice delivery-The challenges and opportunity for stakeholders, is a clarion call to stakeholders to reassess our present strategies, adjust where necessary, in order to effectively and efficiently reposition our administration of justice for the good of our society.
“The theme suggests that all is not well with the administration of justice in Nigeria. The quality of personalities here today, is an attestation to the fact that some positive actions would be taken to confront whatever challenges that our justice sector is at present facing. This is a duty we must perform. Providence has thrust this duty on our broad shoulders. We cannot shirk from our societal responsibility, considering the fact that the relevance of our justice administration is solely predicted upon public trust and confidence. When public confidence is lacking in justice delivery system, it is a recipe for chaos and anarchy. We do not wish that for our society, hence this gathering to proffer solution to the challenges confronting us in criminal matters, for example: Section 36(4) of the 1999 constitution of the Federal Republic of Nigeria (as amended) states: “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.”
Musdapher added: “The ‘conveyor’ belt syndrome where cases lasts for years from the court of first instance to the apex court, create the impression to the ordinary citizen that the quest for justice in our society is almost unrealisable. But we do know that the justice administration exists for the members of the society. If this is so, why then would the beneficiaries of our justice administration fall victims to same system that was established for their benefit? What are those challenges that have been facing justice delivery in our society? In what ways can these challenges be confronted in order to meet the yearnings and aspirations of an ever changing dynamic society? The above questions among others are the issues that this conference should diligently deal with.”
Also, Abubakar said: “The Constitution of the Federal Republic of Nigeria 1999 as amended envisaged quick dispensation of justice. Section 35(4) and 36(4) provide: ‘Any person arrested or detained for a criminal offence shall be brought before a court of law within a reasonable time and anybody who is charged with a criminal offence shall unless the charge is withdrawn be entitled to a fair hearing in the public within a reasonable time by the court or tribunal’.
“Section 294 (1) of the 1999 Constitution as amended also provides that ‘every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause of matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.”
The IGP said the constitutional goals could only be realised where there are a robust infrastructural support system and well-trained and well-motivated personnel who are the key operators of the criminal justice system.There is, therefore, a high degree of correlation between speedy justice delivery and the level of available infrastructure and skilled as well as motivated workforce in the criminal justice system.
“The truth, however, is that criminal cases, more often than not, hardly get decided within a year or more in spite of these elegant and profound constitutional provisions. This is largely so because, there is no adequate capacity in terms of infrastructure and skilled human resources to ensure the realisation of speedy dispensation of justice. It is therefore, imperative that in addition to legislative enactments, adequate support system must be put in place to ensure an efficient criminal justice administration system,” he added.
The conference was attended by prominent lawyers from all parts of the country.
