Nigeria can only attain the much desired socio-economic, political development, stability and sustainability, if it has an effective and efficient justice system, which will establish and guarantee the maintenance of laws and regulation of the state and citizens’ behaviours and relations.
The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN stated this on Monday in Abuja while addressing a special court session to mark the beginning of the 2024/2025 legal year of the Supreme Court and the swearing-in of 87 new Senior Advocates of Nigeria.
The NBA boss said, “Nigerians are groaning under the weight of depleted public revenue occasioned by profligacy, waste in governance, misplaced priority, lack of accountability, terrorism, insecurity, lack of transparency in the management of public funds, corrupt practices, gross violation of human rights, prolonged detention without trial, disobedience of court orders, intimidation of judicial officers etc.
“Thus, Nigerians expect that the only thing that could guarantee them some degree of enjoyment of their fundamental rights as well as accountability in government is effective administration of justice”, he added.
The judiciary, he said has the duty of upholding the rule of law and ensuring the supremacy of the law in the country and expressed the belief that, the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun will improve the standing of the Nigerian judiciary, proactively address issues affecting administration of justice, enthrone appointment of judicial officers devoid of influence by politics, personal relations, connections or status and fashion ways to promote the protection of the rule of law.
Even though the judiciary the bedrock of democracy, Osigwe said, it appears that the society is not entirely satisfied with its performance, adding that, there is a growing perception among many Nigerians that judicial officers are oftentimes appointed without regard to merit, that the courts do not deliver justice, waste a lot of time, are corrupt, often fail to protect the indigent as well as the rights and interests of the citizens.
The negative perception about judicial decisions, Osigwe said, appears to be highest concerning judicial decisions in electoral cases.
Notwithstanding the negative perception, he said, “I must admit that our courts have done creditably well but will go further to admit that a lot more could still be done.
“As we take a moment to look back on the previous year, it is important to acknowledge the remarkable resilience and unwavering commitment displayed by the judiciary in the face of numerous challenges. Our courts have demonstrated unwavering dedication in adjudicating cases vital to the stability and progress of our nation.
“However, it is crucial to address the significant difficulties that continue to hinder the administration of justice in Nigeria. One of the most pressing concerns is the persistent issue of delays in justice delivery.
“These delays, often attributed to an overburdened court system, procedural bottlenecks, and insufficient resources, erode public trust in the judiciary. As we embark on this new legal year, it is imperative that we collectively renew our commitment to addressing these inefficiencies”, the NBA President said.
He called for the reduction of the backlog of cases as the courts are overwhelmed by the sheer volume of cases, leading to significant delays in justice delivery.
“As a nation, we must embrace the modernization of our court systems, including the use of technology to expedite case management and reduce unnecessary delays. We must also reduce the number and types of appeals that come to this Court.
“At the Bar we shall advocate for the computerization of the litigation process including the recording of court proceedings in all superior courts of records”, he said and added that, the NBA will work for improvement of access to justice by developing courts to be user-friendly, prompt disposal of cases and putting in place measures that ensure quick dispensation of justice without resorting to technicalities, time-wasting or unnecessarily applications for adjournments.
The NBA President urged the National Judicial Council (NJC) to work with Heads of Courts to ensure that no court makes a remand order without taking steps to ensure that a charge is filed against a person whom the order is made or that such a matter is periodically reviewed to avoid prolonged incarceration without trial or any charge being filed.
The Courts, he said, have a role to play in making sure that no person who has no reason to be in detention is incarcerated.
While congratulating the new SANs, he said, the rank is a call to serve as a leader within the legal profession and to uphold the highest standards of legal practice, ethics, and integrity.
“It is crucial to recognize the importance of mentorship within the legal profession. Your role is not confined to personal excellence. You are now expected to mentor younger lawyers, inspire them through your example, and champion the cause of justice both in and out of the courtroom.
“I encourage you to invest in the growth and development of junior lawyers. Through your mentorship, you can help shape the future of the legal profession, ensuring that it remains vibrant, ethical, responsible and responsive to the needs of society”.
He also called for a review of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria.
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