Law & Human Rights

December 12, 2013

NBA urges Nigerians to fight for Judiciary Independence

BY BARTHOLOMEW MADUKWE

NIGERIANS have been urged to fight for the independence of the Judiciary because it is key to unlock good governance and sustainable development in the country.

This call was made by the Nigerian Bar Association (NBA) and stakeholders in the justice sector at the three day seventh Annual Conference of the NBA section of Legal Practice (SLP)  held in Makurdi, Benue State.

The Conference which was declared open by Benue State Governor, Dr. Gabriel T. Suswam had former Chief Justice of Nigeria, Justice Dahiru Musdapher as chairman, while NBA President Okey Wali, (SAN) was chairman of the section on Legal Practice. Mr. Donald Denwigwe (SAN) gave opening remarks.

Inspector-General of Police (IGP) was represented by the Assistant Inspector-General of Police, Mike Zokulo, who delivered the keynote address.

In his welcome remarks, the NBA President said: “One of the indicators of good governance that can trigger economic development at all levels of governance is infrastructural development and delivery. This is underscored by the fact that the efficient and effective delivery of services by the three arms of government, is dependent largely on the delivery of infrastructure, whether the Legislature, Executive or the Judiciary.

He added that “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 so much prominence that it is now 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 like power supply, court rooms, information technology, court procedures, and court processes, enforcement of judgement, appellate jurisdiction, and access to court 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.

Speaking further, Wali noted that “Apart from infrastructural challenges, there are so many ills afflicting the Judiciary and the Justice system in Nigeria today. There is no doubt that the need for judicial reforms have become very urgent and important. For without an effective and efficient judiciary, there will be no foreign or local investment in Nigeria.

And that is why the Bar views as a welcome development the presentation of the 5th Alteration Bill by the former Chief Justice of Nigeria, Justice Dahiru Musdapher, . It is a ‘Bill for an act to amend the Constitution of the Federal Republic of Nigeria’. It proposes major judicial reforms that will strengthen the Judiciary.”

Justice Mudapher in his opening remarks said: “The theme of this conference “Justice Delivery-The Challenges and Opportunity For Stakeholders”, it   is a clarion call to all stakeholders to properly 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 presently 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 that:

“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   stated that “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 unrealizable. But we do know that the justice administration exist 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”.