The Federal High Court has an Acting Chief Judge. Justice Adamu Abdu Kafarati is assuming office when no fewer than three judges of the court are on trial for alleged corruption. He has his work cut out for him. Besides tackling corruption among judges, he must do something about the intractable delays in the administration of justice. Senior lawyers, who spoke with JOSEPH JIBUEZE, have set agenda for him.
The Federal High Court has recorded impressive growth since its inception in 1973.
From the pioneering five judges, the court now has 62 judges, with 36 judicial divisions across the country.
The Federal High Court has concurrent jurisdiction with the High Court of the FCT and State High Court in respect of fundamental rights matters.
It has exclusive jurisdiction over several claims, such as maritime and actions against federal agencies.
Due to its wide criminal jurisdiction, much is expected of the court in terms of justice dispensation. That is why all eyes are on the court’s new Acting Chief Judge, Justice Adamu Abdu Kafarati.
The man
Justice Kafarati was born in 1954 in Kwami, Gombe State. He attended Kafarati Primary School from January 1962 to December 1968. He attended Government Secondary School, Gombe from 1969 to 1973, as well as the Northeast College of Arts & Science (NECAS), Maiduguri from October 1973 to June 1975.
He studied Law at the Ahmadu Bello University, Zaria from October 1975 to June 1978. He graduated from the Nigerian Law School, Lagos in 1979.
After his National Youth Service Corps (NYSC) programme, he began his career as a State Counsel II at the Bauchi State Ministry of Justice. He rose to the position of Principal State Counsel in 1987. He served as Assistant Administrator-General before he was appointed a judge of the Federal High Court on October 31, 1991.
The tasks
Lawyers have set agenda for the new Acting CJ. It includes the need to review procedure. According to them, rules of procedure dwell too much on technicalities and must be reviewed. Rather than argue the substance of a case, lawyers spend time on arguments over due adherence to procedure, thereby wasting precious time.
Lawyers also say there is a need to enforce the court’s practice direction and curb indolence. Some judges, they say, habitually sit late. According to them, rules cannot be effectively enforced without willing judges to drive the process.
There is also the need to strengthen judges’ cases management powers. Judges should be encouraged to fix cases at specific times rather than have all cases being listed for 9am and having lawyers sit in court for hours waiting for their cases to be called.
The capacity of judges also needs to be enhanced, but it should not interfere with their core judicial functions. There is also the need for transparency in the process of judges’ appointment, such as advertising the vacancies. Erring lawyers must also be sanctioned no matter how highly placed.
Justice Kafarati has also been urged to make every effort to rid the court of corrupt elements, including registrars who act as middlemen. The Sheriff Section also needs attention, as sometimes, lawyers have to pay extra money for processes to be served after paying official fees.
Lawyers have identified issues the new Acting CJ must address.
Constitute special courts
Justice Kafari is expected to constitute special courts that will adjudicate only corruption cases as directed by the Chief Justice of Nigeria (CJN).
A professor of law, Yemi Akinseye-George (SAN), said: “The new Chief Judge of the Federal High Court should constitute specialised courts or fast track criminal courts to handle high-profile corruption cases on day-to-day as mandated by the Administration of Criminal Justice Act (ACJA).
“He should send his best and brightest judges to those courts; judges who cannot be easily confused by rabble-rousing defence lawyers.”
The professor of law said there should be at least two specialised courts each in Kano, Lagos, Abuja, Enugu and Port Hacourt divisions.
Akinseye-George further recommended: “The best court administrators should be retrained and sent to those courts.The court should work on weekends except Sundays. The courts should be specially resourced to pay overtime allowances not only to the judges but also to the administrative personnel of the court.
“They should target the proceeds of crime and asset recovery. Imprisonment should only be used when those found guilty refuse to return illicit assets traced to them.
“The judges deployed to the fast track criminal courts should undergo on the job refresher courses organised by local and international experts in anti-corruption and asset recovery.
“The court shall not tolerate more than five adjournments and the interval of adjournment shall not exceed two weeks. It should not permit any form of delay. If the prosecutor is not ready with their cases, the court should direct plea bargaining or strike out such cases, not dismiss them. This will enable the prosecutor to come back with better charges.
“The judges and the support staff should be trained in modern case management methods and witness protection. The court should have a dedicated witness support and protection unit. The provisions of the ACJA on witness protection should be activated.
“If the new Chief Judge of the Federal High Court can help the nation by concluding high profile corruption cases, he will leave a permanent legacy as a reformer per excellence. He should follow the cue given by the Chief Justice of Nigeria (CNJ) in his powerful address to the new SANs recently.”
Make more use of technology
One of the major causes of delays is that most judges write in long hand. They write lawyers’ submissions, as well as witness’ testimonies. It’s not unusual to hear lawyers instruct their witnesses to slow down and to only speak when the judge has finished writing the last sentence. This not only delays proceedings, but also leads to fatigue for all concerned.
Akinseye-George said courts should be provided with recording devices to speed up cases.
His words: “The court should be equipped with locally sourced e-recording facilities. I’m aware that a Nigerian ICT service provider has developed an inexpensive but effective court recording machine.”
A Senior Advocate of Nigeria (SAN), Dafe Akpedeye, said: “It is important he builds on the achievements of his predecessor and avoids his mistakes. It is a herculean task administering courts scattered over 36 states of the Federation and the FCT.
“Information Technology (IT) has greatly helped to bridge the gap and mitigate the hardship. I enjoin him to exploit the resource of Information Technology to collaborate with his brother judges in assessing the peculiar challenges of the Federal High Court, proffering solutions to them and implementing same.
“One thorny issue that seems to have defied each administration is the issue of different divisions of the same Federal High Court giving conflicting judgments. This must be addressed frontally. Again, IT should be called to aid in this regard. It is unacceptable that in the 21st century, distance would be a threat to effective case management and periodic compilation of judgments and access to them by judges.
“I will like to see a drastic improvement in facilities in use at the Federal High Court. Basic amenities like air conditioner, good sound system, lighting, good furniture for the judge and the Bar, as well as the gallery should be in place.
“I will like to see our noble lords being more amenable to the use of Information Technology. For instance, the electronic law reporting revolution has come to stay and should be embraced. If the learned judges have these resources and are proficient in its usage, its impact on the speed and accuracy of justice delivery will no doubt be further enhanced.
“Again efforts should be made to address the perennial issues of conflicting judgments by different divisions of the Federal High Court, and forum shopping by disgruntled lawyers especially in a bid to get innocuous interim orders.”
Develop new practice directions
Speaking further, Akinseye-George said: “The new CJ should also assemble progressive legal experts, including experienced judges, to assist the court in developing Practice Directions and forms which should be issued to accelerate and conclude trials of high profile corruption cases in those courts.”
Activist-lawyer Femi Falana (SAN) also spoke of the need for courts to enforce their Practice Directions.
“They are designed to give priority to the trial and appeals arising from cases of corruption, money laundering, terrorism, rape and kidnapping and human trafficking.
“To obviate undue delay in the determination of corruption cases, the Practice Directions have made special provision for the service of processes on parties by electronic mail addresses, facsimile number and GSM telephone number or any other available mode of communication,” he said.
Set time-lines for cases
Former Lagos Branch chairman of the Nigerian Bar Association (NBA) Chijioke Okoli (SAN) said strict time-lines should be set for judges to determine cases.
Judges who fail to meet such deadline, he said, should be queried.
He said: “It is a well known fact that the administration of justice in Nigeria is in state of paralysis. First and foremost, Justice Kafarati should ensure that cases move quicker. The court can say: ‘Any case that lasts more than 24 months, there should automatically be an explanation as to why.’
“They can set a time-line that, within 24 months of case being filed, it should be concluded with judgment. And, if the judgment has not been given, the particular judge will have to explain why the timeline was not met.”
Impose severe sanctions to curb delays
Okoli said the CJ must warn judges against over-indulging senior lawyers. According to him, the court must not tolerate delay tactics by lawyers, and must sanction those who stall cases.
“Part of the problem is that the judges indulge lawyers, especially senior lawyers. So, any day the court is ready to do business, if any lawyer or party whose turn it is to proceed fails to do so, there should be very, very severe sanctions against the party. It’s either the person’s right is foreclosed or a major punitive cost should be imposed,” he said.
Falana said though the Supreme Court had upheld the constitutional validity of Section 306 of the Administration of Criminal Justice Act on the abolition of stay of proceedings in criminal trials in all federal courts, some defence counsel have devised new dilatory tactics.
They include the practice of subjecting each prosecution witness to cross-examination, which, sometimes, lasts for 20 days or more, by asking irrelevant questions.
Sometimes, senior counsel also tell their juniors to ask for adjournment to enable them personally handle the cross-examination of prosecution witnesses.
“Trial courts should stop such delay tactics which are programmed to defeat the letter and spirit of the ACJA 2015.
“Defence counsel who conspires with their clients to frustrate the prosecution of corruption cases should be made to pay punitive costs while not more than three lawyers should appear in court for any of the parties in corruption cases,” Falana suggested.
Rid judiciary of corruption
A federal prosecutor and university teacher, Wahab Shittu, urged Justice Kafarati to support the Buhari administration’s crusade against corruption by helping to rid the Bench of corruption.
“The focus should be on ridding the judiciary of corruption. The perception that there is some semblance of corruption should be removed,” he said.
Shittu also urged him to insist on the sanctity of judicial pronouncements.
“When pronouncements are made, judges should ensure they are respected, because the judiciary remains the last hope of the common man.
“He should also address the issue of ethics. Violation of ethics at all levels should be a major concern, whether by judges, lawyers, prosecutors or defence counsel. People who subvert ethics should be brought to book.
“I think he should address the element of delay in trial proceedings, because justice should not only be served but should be promptly served,” Shittu said.
Encourage specialisation
A Senior Advocate of Nigeria (SAN), Mr. Ahmed Raji, said there was a need for judges to specialise in particular fields of law rather than being jacks of all trades.
Like Okoli, he also canvassed time-lines being set for judges for determination of cases.
“I look forward to a new system whereby there will be specialisation for judges. It should be in a way as to have criminal courts, commercial courts, admiralty courts, etc.
“I also look forward to new Rules of Court that will spell out time management scheme with a view to decongesting the court,” Raji said.
Improve court infrastructure
The Lagos Division of the Federal High Court has some of the smallest courtrooms in Nigeria, yet it is the busiest. It is a common sight to see several lawyers standing inside and outside the courtroom for lack of space. To get into the courtrooms, you must force your way in.
Nigerian Bar Association (NBA) Second Vice President, Mr Monday Ubani, said the CJ must address the court’s infrastructure challenges.
“The state of the Federal High Court in Lagos, the economic nerve centre of Nigeria, is not something to write home about. The condition of the courts in Lagos is pathetic, discomforting and appalling.
“The courts are small, tight and very unconducive for serious judicial proceedings. The truth is that most times, lawyers and litigants compete for the non available space and seats for the day’s business, with most lawyers standing up throughout the duration of their cases.
“The situation is critical that one advises the new Acting Chief Judge to put in place positive measures and policies to reverse this ugly situation.
“The Federal High Court Lagos needs a policy towards expansion or a location of a new site entirely that will accommodate a modern court structure befitting the Centre of Excellence.
“The present structure is clearly not modern and befitting Lagos State or any other state for that matter,” Ubani said.
Re-activate Ikeja Division
Ubani, a former chairman of the NBA Ikeja Branch, urged Justice Kafarati to re-open the Ikeja Division of the Federal High Court.
“I also appeal to the new Acting Chief Judge to reactivate the Ikeja Division of the Federal High Court. A division was initially created some time ago and measures to actualise it were stalled for reasons still not clear.
“I will want the new CJ to look towards the direction of actualising the new division in Ikeja, the capital of Lagos State.
“I must congratulate Hon Justice Adamu Kafarati, the new Acting Chief Judge of the Federal High Court on this elevation. I pray for his due confirmation and on time too.
“I wish the Acting CJ and the judges a happy New legal year and a fulfilling one at that, with God helping us a nation to attain the goal of ensuring justice to all men and women who approach the court for that scarce commodity known as ‘justice’,” Ubani said.
Reduce frequent judges’ absences
Lawyers have decried situations where they would travel long distances, only to get to court and learn that the judge would not sit. To them, nothing can be as frustrating as that.
Lagos lawyer Tope Alabi is one of those who wants to see an end to that. “When a court would not be sitting, the court has our mobile numbers and e-mail addresses. Let the Registrar send messages to us that the judge will not be sitting,” he said.
Another lawyer, Chizotam Akwiwu, said: “I was once in court for a matter only to be informed that the judge had travelled and would not be sitting. This happens a lot.
“Despite counsel leaving their contact information on processes, they have to come all the way to court only to be informed that court would not be sitting.”
A lawyer Dele Igbinedion, who has practiced law in the United Kingdom, said: “When a matter is filed in court (in the UK), the process follows a rigorous timetable usually set in a case management conference for exchange of pleadings, witnesses statements, evidence, all of which will be contained in a trial bundle. Then the trial dates will he fixed-in stone, and can only be amended in the most exceptional circumstances.
“In all my years, I never asked for the adjournment of any case. If you must, and if you absolutely must, then at least two days notice is required.
“The above is obligatory. Case management principles require it, and failure to do the needful by the prosecution, plaintiff or defence usually attracts severe sanctions, ranging from costs awards (including wasted costs awards against the individual solicitor), reprimand, increased sentences.”
Fix workshops, conferences on weekends/vacations
A human rights group, the Access to Justice, faulted a situation in which the courts were shut due to a valedictory for the immediate past CJ, Justice Ibrahim Auta. To the group, it could have been held on a weekend.
“A valedictory ceremony can be held on a day that does not disturb normal sittings of courts,” A2Justice said in a statement by its Deputy Director Dr. Adenike Aiyedun.
The group said heads of courts must ensure that no judge fails to sit for reason of attending a social function, a conference or a retreat, which could be done during the long vacation or on a weekend.
“Ensure that the adjudicative responsibilities of judges to sit in court punctually and regularly are not adversely affected by their participation in conferences, retreats or workshops.
“While we cannot be opposed to activities that strengthen the skills, knowledge and abilities of judges, we advocate that these exercises do not clash with the core judicial responsibilities of judges,” A2Justice added.
