Bar leaders have called for fundamental reform of archaic laws in Africa as a way of promoting sustainable economic growth and political stability.
They met in Lagos last week during the First African Bar Leaders’ Conference organised by the Nigerian Bar Association (NBA) in collaboration with Bar Associations and Law Societies in Africa, with the theme: Reducing poverty and promoting sustainable economic growth in Africa through reforms in administration of justice.
It was organised by the Nigerian Bar Association (NBA) in collaboration with other Bar Associations and Law Societies in Africa.
The four-day conference examined the living conditions of Africans, the economic and political challenges facing the continent and how the existing legal frameworks and regimes have helped the continent to achieve meaningful development.
The conferees also examined the role of legal institutions in developing the continent, such as the International Criminal Court.
NBA President, Augustine Alegeh (SAN) said the theme was aimed at identifying key factors necessary to achieving reforms in the justice sector to boost foreign investment and economic development whilst reducing poverty in Africa.
“As lawyers and stakeholders in the justice sector, we are duty bound to educate and advise our respective governments on the critical role the justice sector plays in sustaining economic growth and development.
“There is no gainsaying the fact that foreign investors are more inclined to do business in economies with functioning legal systems and low crime rate. The theme of this Conference is most appropriate at this point of our development as a continent,” he said.
According to Alegeh, there is the need for African countries to embark on massive reforms in the justice sector.
“Conversely, the failure of governments in Africa to address this issue of judicial reforms at all levels erodes public confidence in the judicial system and encourages the resort to self-help and extra-judicial means of dispute resolution thereby occasioning a state of total chaos and economic regression.
“The task before Bar Associations and Law Societies in Africa, therefore, is to lead the discourse on judicial reforms and highlight its critical role in fostering economic growth and development,” he said.
Chief Prosecutor of the International Criminal Court, Hague, Mrs. Fatou Bensouda, was the Keynote Speaker.
Alegeh added: “As Africans, there is a dire need for us to work harmoniously develop our continent and foster economic ties across borders irrespective of cultural diversity and religious affiliation.”
Chairman of the organising committee, former Ekiti Satte Commissioner for Justice and Attorney-General, Mr. Olawale Fapohunda, said the conference was designed to facilitate a process that leads to a better understanding of challenges facing Africa.
High Commissioner, Rwanda High Commission to Nigeria, Ambassador Stantilas Kamanzi, said the problem of genocide which his country faced lingered for many years.
“It was a terrible nightmare and an emotional crisis for the country of Rwanda. However, solutions were proffered, one of which was the introduction of the Traditional Community Court System.
“The effect of the Rwanda experience is that perpetrators must be held to account and brought to book, and justice in the long run cannot be denied,” he said.
Alegeh and a Bar leader, Mr. Dauda Soumana led discussion on the situation of the administration of justice in Africa.
It was noted that one of the major problems in Africa’s judicial system is the lack of independence.
Corruption was also identied as a serious menace in Africa, which some lawyers said to contributed to the problem.
“The slowness of the justice system cannot be overemphasised. The judiciary is slow in its delivery of justice and many judges do not respect the timeline for delivery of judgments and trial completion and this affects the credibility of the judiciary,” a speaker said.
Chairperson of the International Federation of Female Lawyers ( FIDA) in Cameroon, Mbuyah Friepse Luku Gladys said a special court for corrup-tion was created in Cameroon to deal with embezzlement and money laundering, resulting in several top officials landing in jail.
She said: “In an attempt to harmonise our laws, a new Criminal [Procedure Code (CPC) was introduced, which repealed the old law that made it more inquisitorial rather than being acquisitorial.
“The challenges faced in the justice system in Cameroon includes insufficient man power, lack of infrastructure as sometimes a court has to rise for another to come in, customary laws are uncodified and unwritten, which poses the problem of uniformity across board.
“The existence of a higher judicial council headed by the head of state weakens the independence of the judiciary. The procedure for legal aid is cumbersome, the new CPC provides that proof is by any means, which leads to denial of justice.”
Presentations were made by Bar leaders from almost all the African Countries including the President, Pan African Lawyers Union (PALU) Mr. Elisha Banda; President East African Law Society Mr. Nasso Khamis Mohamed; President, SADC Law Society, Mr. Gilberto Caldeira Correia; Deputy General Secretary, West African Bar Association (WABA), Aboubacar Sidik Camara and the President, African Bar Association (AFBA), Mr. Hannibal Uwaifo.
