Law & Human Rights

January 23, 2014

Our Judicial and Legal System has failed — Agbakoba

Our Judicial and Legal System has failed  — Agbakoba

Agbakoba

By Dayo Benson & Chinyere Abiaziem

* Olisa Agbakoba

Former president of The Nigerian Bar Association (NBA), Dr Olisa Agbakoba SAN, has lamented the slow speed of justice dispensation in the country even as he urged the Independent National Electoral Commission (INEC), to begin early preparations for the 2015 general elections.

The senior lawyer who is also a member of the National Judicial Council (NJC), spoke at a media briefing in Lagos saying  that he was speaking on behalf  of the civil society after due consultations .

According to him, “Our Judicial and Legal system has failed, Simple cases take 5 -10 years to resolve. There is an urgent need for reforms. The Speed of Justice Project 2014 is designed to ensure case flow in courts.  The Court should be a legal clinic where legal problems like patients are diagnosed and resolved in 3 days.”

While anticipating the number of election petitions that may arise from the 2015 elections, he said “INEC should begin preparations in time, latest July 30th. INEC must comply strictly with the Electoral Act and there is need for massive civic education of critical stakeholders.”

Speaking on the recommendations of the presidential advisory committee on the proposed national conference, he stated that it would be unacceptable if the outcome of the conference is referred to the National Assembly threatening that doing so would be a recipe for anarchy, adding that what Nigerians want is a brand new constitution and not an amendment recommended by the senator Femi Okunrunmu’s Committee.

According to him “I took part in the presentations to the presidential advisory committee on national conference and we are shocked that they have made a number of recommendations which we in the civil society have found unacceptable. The first surprise in the report is that the advisory committee failed to understand what a constitution should contain.”

“38 items have been set out to be included in the Agenda of the National Conference most of which are irrelevant. The Agenda set by the Committee makes the Conference look like a talk shop. Items like: God-fatherism, Cost of Governance, Return of Missionary and Private Schools, Nomadic Education, Institutionalising Tsangaya/Almajiri Education system, unsettled issues of the Nigerian Civil War (1967-1970) etc. We call on the president to absolutely reject the agenda proposed by the advisory committee; the key issues should be structure of the country, devolution of powers etc.”

Speaking further he said, “Section 5 of the Constitution gives the President two inherent powers: The executive power to give effect to the agitation of Nigerians by convening the National Conference and The legislative powers to forward outcome of the Conference to the National Assembly after a referendum.  A referendum on the outcome of the National Conference is very crucial for legitimacy. The role of the National Assembly is to pass the outcome of the National Conference. The National Assembly cannot alter or make input into the outcome of the National Conference. If that happens there will be no Nigeria and we are ready for that, there will be war.”

 

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