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Tag: Opeyemi Oke

  • Lagos CJ laments absence of licensed bondsmen to bail defendants

    The Chief Judge of Lagos State, Justice Opeyemi Oke on Tuesday lamented no individual or corporate body has applied to be licensed bondsman and bonds companies more than eight years after the Bondsmen Regulation of 2011 came into force in line with Section 138 of the Administration of Criminal Justice Law (ACJL).

    She said the introduction of the bondmen into the criminal justice administration of the state was to make bail more accessible to anyone charged with a criminal offence and prevent touting by unlicensed persons and defendants from absconding from trials.

    Justice Oke disclosed this in an address delivered at a “Stakeholders’ Summit on Actualizing The Law on the Bondsmen and Recovery of Recognizance in Lagos State”.

    The event also marked the inauguration of Practice Direction for the scheme.

    Justice Oke described the bondsmen scheme as very laudable pointing out that it would assist defendants to obtain bail and ensure such persons can be produced seamlessly as and when needed in court.

    She expressed confidence that the bondsperson scheme will significantly reduce prison congestion and other problems associated with same, while also ensuring that recognizance can be recovered in full where persons on bail abscond.

    She encouraged interested individuals and corporate bodies to make necessary applications to join and partner with the Lagos State Judiciary on actualizing the scheme emphasizing that it has been proven in other jurisdictions that the professional bail bondsman brings important benefits to the society in which he works.

    She explained that Section 138 (8) of the ACJL confers on the bondsperson the power of arrest should a defendant attempt to abscond.

    She said: “Every Bondsperson shall have the powers to arrest any defendant or suspect who is absconding or who he believes is trying to evade or avoid appearances in Court: if he cannot bring the person arrested within 12 hours of the arrest before a Court, he shall hand the person arrested over to the Police who shall produce such person before the appropriate Court.

    “In the United States, bail bondsmen play an important role in maintaining social control over bailed defendants.

    “The bondsman and the defendant form a contract in which the bail bondsman agrees, for a fee, to act as the defendant’s surety. In addition to paying the fee, the defendant agrees to appear in court for all scheduled appearances.

    A ten-man committee headed by Justice Grace Onyeabo was set up February, 27 last year  with a mandate to find ways to actualise the recommendations of the Committee on Creation of Bondsmen and Recovery of Recognizance set up November 30, 2012.

    In his lecture titled, “A Practical Approach to the Bondmen Procedure in the Justice System in Lagos State”, a bail bond expert, Dr Seyi Adetayo, remarked bondsmen practice has not only helped defendants to access bail but also assisted low income group of the society to access justice.

    Adetayo said the introduction of the bondsmen would eliminate the activities of fake and touts masquerading as professional bondsmen and other malpractices and generate employment to the people.

     

  • NBA kicks as Lagos CJ inaugurates new court rules

    The Chief Judge of Lagos State, Justice Opeyemi Oke on Monday inaugurated the new High Court of Lagos State (Civil Procedure) Rules 2019 which enforcement will commence January 31.

    The event held at the Conference Room of the High Court of Lagos state, Ikeja and had all the judges of the state in attendance.

    But the Nigerian Bar Association (NBA) Ikeja Branch opposed the new court rules saying it was designed to frustrate lawyers and litigants.

    According to Justice Oke: “The principal target of reform therefore is to facilitate total justice delivery by ensuring speedy dispensation of justice and the restoration of public confidence in our judicial system”.

    She regretted that for a very long time,  excessive delay has been an embarrassing feature of the administration of justice adding, “the inadequacies in our Civil Procedure Rules and abuse of its provisions were identified as a contributory factor to the delay. A number of the procedures in the old rules could not meet the demands of modern civil justice and fell starkly behind international best standards”.

    She explained that it became necessary to review the 2012 version of the Civil Procedure Rules to meet the obvious reality that in terms of efficiency, accessibility and effectiveness, civil justice delivery remained deficient.

    “It, therefore, became expedient to address these problems by introducing reforms directed towards the achievement of a just, speedy and efficient administration of justice in line with the commitment statement of this administration. A review was also essential to further reinforce the independence of the judiciary and address the lacuna identified in the 2012 Rules, to deny them as a tool exploited to defeat the ends of justice”, she said.

    Oke explained that one of the reasons why the Administration of Justice in Lagos State has been highly revered is because of its leadership in international best practices reform.

    “The New Rules 2019 is in line with international best practices comparable with any global jurisdiction. “The Rules also contain new Pre-Action Protocols on various subject matters to explain the conduct and set out the steps required of parties prior to the commencement of proceedings to which the Rules apply”, she said.

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    The chief judge remarked that  the new global Lagos cannot continue to endure delay and congestion in its Courts whether traceable to the Bar or the Bench adding, “justice delayed is quite simply an injustice and amounts to a denial of the right to fair hearing and casts the administration of justice in our jurisdiction in bad light both nationally and globally”.

    She remarked that with the new court rules, local investors and Foreign Direct Investors (FDI) would be more attracted to a global Lagos which has an efficient and effectual rule of law-driven business environment.

    “The value and overriding objectives of the 2019 Rules are for a legal system that will strive to deploy scarce judicial resources wisely, run efficiently and effectually for the benefit of all people and not at the whims and caprices of any individual or any particular group of stakeholders”, she emphasized.

    She said it was in this light and pursuant to the cumulative powers conferred on her by the provisions of Section 247 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 89 (1) of the High Court Law of Lagos State, Cap H3, Laws of Lagos State to review Rules of Court, that the review of the 2012 Rules was kick-started last year and a 15-man Rules Review Committee was set up under the leadership of Hon Justice Kazeem  Alogba.

    To ensure an all inclusive rules, Justice Oke said the committee notified and received  contributions from all stakeholders including all the Nigeria Bar Association (NBA) branches in the State, the Body of Senior Advocates of Nigeria (BOSAN) for their input and that of stakeholders  for their contributions and suggestions to be forwarded to the Rules Committee.

    Oke chided groups which she said “have been less constructive and more off hand, founding reservations on the self-serving grounds that the efficiencies of new Rules which allow limited public resources to be employed in the overall public interest will be unfriendly and “run out of business” practitioners who are unwilling to make a good faith effort to adapt.

    She described such fears as “flimsy and appear to be self-serving and retrogressive in nature.”

    She said: “ The courts are created to serve the public and not incompetent or inefficient legal practitioners. Legal practitioners’ practice to serve the public and the system of justice and this is a professional and ethical responsibility.

    “It is remarkable and intolerable that any legal practitioner should oppose efficiency and effectiveness in civil justice delivery in a perverted self-interest.

    “The new rules are intended for the greater good of and the efficient and speedy dispensation of the greater number of cases and not to discriminately satisfy a few or any particular group of stakeholders”, she stressed.

    Chairman of the review committee, Justice Alogba in a remark commended members for their meaningful contributions during the period the assignment lasted.

    Justice Alogba also thanked the chief judge for her support for the committee and for not leaving the job to them alone.

    Meanwhile, the NBA Ikeja branch has stated its rejection of the new court rules, hence their decision not to attend its presentation on Monday.

    The chairman of the branch, Prince Dele Oloke said some aspects of the new court rules are obnoxious and punitive to lawyers.

    The branch is considering a boycott of the court against the new rules.

    “The branch will deploy all that is necessary, including court boycott and litigation in order to ensure the chief judge is not used as instrument to frustrate lawyers and litigants”, he said.

    While admitting that the power of the chief judge to make rules is not in contest, Oloke said it does not extend to imposing punitive cost on lawyers.

  • Lagos CJ inaugurates 47 new sheriffs to quicken trials, justice

    The Chief Judge of Lagos State, Justice Opeyemi Oke, on Monday inaugurated 47 newly-recruited court sheriffs to quicken trials and justice delivery.

    Justice Oke charged them to shun corruption and be above board in the discharge of their duties.

    The court sheriffs are responsible for serving court papers on litigants as well as enforcing the orders and judgments of the court.

    Justice Oke, at the induction, which held at the premises of the Lagos State High Court in Ikeja, noted that the sheriffs were critical to the smooth running and efficiency of the justice system.

    According to her, the court could not assume jurisdiction without the proper service of the originating processes.

    She explained that the recruitment and training of the new court sheriffs were targeted at overhauling the old order characterized by “complaints of delays in service, failure to serve, falsification of affidavits of service, delays in reporting service, laziness, ineptitude, corruption, among other issues”.

    The Chief Judge said the recruitment was part of her administration’s “wide range of far-reaching innovations” to address the some of the lapses in the justice system.

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    “You are a new breed. You represent a new dispensation in the Sheriff Corps, and by the Grace of the Almighty God, you have come in at this time to breathe new life and, by God’s grace, to change the old order.

    “You cannot afford to blend with the system. You are expected to stand out, you are expected to stand for what is right at all times.

    “Shun all forms of corruption and take your jobs seriously,” the CJ told the new recruits.

    She disclosed that a number of the old sheriffs had been dismissed for unethical conducts.

    At the ceremony, the 47 new sheriffs were presented with certificates, marking their completion of a three-week induction course, which they reportedly took at the Lagos State Judiciary Training School.

     

  • CJ urges journalists to uphold professional ethics

    The Chief Judge (CJ) of Lagos State, Justice Opeyemi Oke, has urged journalists in the state to be professional and uphold the ethics of journalism while carrying out their duties.

    Oke made the call while addressing members of the National Association of Judiciary Correspondents (NAJUC), Lagos Chapter, on Friday in Lagos.

    She said journalists covering courts across the state must be highly professional and always have investigative minds in order to write good stories.

    The CJ emphasised that truth and fact must be the watch words for every journalist, noting that media practitioners who habitually turned in fake stories, were always labeled enemies of progress.

    “l encourage you all to practise investigative journalism; get facts in order not to send out false information to the public,’’ she advised.

    The chief judge promised to look into the challenges journalists faced in covering court proceedings in the state with a view to addressing them.

    “The courtroom is an open place that is accessible to the public. It is a place where you get information concerning the judicial process as well as watch proceedings,’’ Oke said.

    NAN

     

  • Decongestion of courts: Lagos judiciary to refer 376 old cases to ADR

    Decongestion of courts: Lagos judiciary to refer 376 old cases to ADR

    Lagos state judiciary has commenced the process of decongesting the high courts of old cases.

    About 376 of such cases, most of which dated back over 20 years, have been identified for review in the state high courts and may be referred to Alternate Dispute Resolution (ADR).

    The Chief Judge, Justice Opeyemi Oke disclosed this yesterday at a news conference held to announce the commencement of the court decongestion process.

    Justice Oke said the move, was not just to decongest the courts, but also to ensure speedy dispensation of justice in the state.

    She said the fact that the Lagos judiciary has the highest number of pending old cases was not heart warming.

    “It is on record that the Lagos State Judiciary has cases that date back to 20 years and beyond and this image, if it persists, is hazardous to the economic wellbeing of the State and Nigeria ultimately.

    “In fact, His Excellency, President Muhammadu Buhari, while declaring open the Bi-Annual Conference of All Nigeria Judges of the Superior Courts held between 20thand 24thof November, 2017 and organized by the National Judicial Institute, Abuja noted the fact that Lagos State Judiciary has the highest number of pending old cases. This situation apparently damages the brand of a “Global Lagos” and one which I do not intend to see continue. Global Lagos requires and truly deserves a world class judicial system”.

    To correct the situation, she said the state judiciary will be undertaking a review of all pending matters on a case-by-case basis for the purpose of determining the suitability of each case for Alternative Dispute Resolution (ADR).

    The Chief Judge said a review of the 376 cases which commenced  January 22 revealed the probable causes of delay and classified into three.

    According to her, ” Inefficient Case Management by Counsel accounts for 45per cent; Court Indisposition and Interlocutory Appeals account for 20 per cent whilst the cause of delay of the outstanding 35 per cent

    has been ascribed to other factors which include numerous indulgent interlocutory applications, Courts going on national assignments in Election Tribunals and official assignments for conferences and trainings for months, protracted Case Management Conference, Multiplicity of interlocutory applications, Long adjournments, Trial having to commence de novo when a Judge is elevated or retires, amongst others”

    She disclosed that certain remedies have been put in place to eradicate the delays impeding the progress of the cases.

    She stated for instance that trials need not commence de novo again as options shall be included in  new rules to allow judges to rely on certified transcript of trial proceedings already commenced or completed before an elevated or retired judge.

    She said new practice directions are in draft stage to guide and regulate the court decongestion process.

    “Also, since the Civil Justice System involves conducts and activities both inside and outside the Court, a Practice Direction on Pre-Action Protocols to provide a Code of Practice outside the court will issue, just as there exists Rules of Court to provide a Code of Practice inside the Court.

    “The Pre-Action Practice Directions will be expected to guide conduct prior to the commencement, as a last resort, of legal proceedings in Court.

    “The failure of parties or their counsel to comply with Pre-Action Protocol obligations elaborated under the Practice Direction, prior to commencing litigation, would attract significant or punitive cost penalties, inside the court, where such non-compliance is determined to be unreasonable or disproportionate especially in respect to refusals to accept or participate in offers or attempts at ADR or amicable settlement, even where the Party eventually wins the case”, she stated.

    Justice Oke said an ad-hoc task force committee on old cases led by Justice S.B.A Candide-Johnson, has been constituted in furtherance of the backlog elimination programme (BEP).

    She added that a good number of law firms have also volunteered to participate in the forensic screening of the old cases.

  • Ambode tasks judiciary on speedy dispensation of justice

    Ambode tasks judiciary on speedy dispensation of justice

    Gov. Akinwunmi Ambode of Lagos State on Friday urged the state judiciary to step up in the area of speedy delivery of justice, without compromising the fundamental principle of fair hearing and the rule of law.

    Ambode made the call at the swearing-in ceremony of Justice Opeyemi Oke as the new Chief Judge of the state at the Lagos House, Ikeja.

    Oke came into office following the exit of Justice Olufunmilayo Atilade, who attained the statutory retirement age of 65 on Sep.24.

    The new Chief Judge joined the State Judiciary as a Senior Magistrate on May 1, 1986 and was appointed a Judge of the High Court on July 17, 1996. She becomes the 6th female and 16th Chief Judge of Lagos State.

    Ambode Governor congratulated Oke on her confirmation by the state lawmakers, describing it as a positive affirmation of her competence, experience and character to preside over the sacred temple of justice in Lagos State.

    “I have absolute confidence in your intellectual capacity to steer the ship of the state judiciary on a smooth sail.

    “One area of our judicial system which I consider as work in progress is the speed of justice delivery in the State.

    “We have made significant progress in this regard with the various reforms that have been initiated and implemented, however, I believe strongly that we can do more by stepping up our efforts.

    “I do understand that our judges are currently facing enormous work load due to the fact that the Lagos judiciary is the busiest in the country and this will naturally affect the turnover of cases in our courts.

    “It is for this reason that I once again recommit our administration’s determination to seek a significant increase in the number of judges that we have on the Lagos bench,” he said.

    Ambode said his administration planned to establish a designated Commercial Courthouse with the objective of ensuring speedy consideration of commercial matters.

    “There is no gainsaying that Lagos is the commercial nerve centre of the country and it deserves a modern state-of-the-art first class Commercial Courthouse to speedily address commercial disputes in the State.

    “It is hoped that this courthouse will accommodate all commercial-related organs of the judiciary in order to drive commerce and improve the ease of doing business.

    “Our administration will continue to cooperate with the judiciary in developing and implementing appropriate strategies to ensure justice is done speedily.

    “I want to assure you of our commitment to do whatever is required of us to ensure that the on-going reform in the judicial sector achieves the desired effect,” Ambode said.

    In his remarks, Mr Adeniji Kazeem, Attorney-General and Commissioner for Justice, said the event marked the beginning of a new dawn for the state judiciary.

    According to him, it provides the direction for renewed vigour in the discharge of the highest standard of responsibility and the dispensation of justice in accordance with the rule of law and good conscience.

    Oke, in her remark, pledged to make speedy dispensation of justice and zero tolerance for corruption the hallmark of the judiciary in the state.

    She said that she would ensure an efficient, effective and transparent judiciary where there would be total confidence of the public in their ability to provide quick dispensation of justice.

    The Chief Judge lamented the high number of old cases, saying that the total number of cases from five years upwards in the Lagos Judicial division could be estimated to be in the region of 4, 000.

    According to her, when cases drag for over five years and above, they constitute an embarrassment to the image of the judiciary.

    “We need an urgent and immediate plan to clear the backlog of old cases. We, therefore, suggest a Backlog Elimination Programme to tackle the issue of backlogs and congestion.

    “The task requires extra work, more efforts and resources, new hands, including judicial officers,’’ she said.

    Oke said that information technology would be deployed to achieve an efficient and effective judiciary.

    “I’m calling on all and sundry to support and put our shoulders together and get the Lagos State judiciary moving at the fastest pace possible, without compromising on the virtues of love, equity and justice,” Oke said.

    NAN