Nigerian procedural rules too cumbersome, says Nwoko

The leadership of the Nigerian Bar Association (NBA) has come up with various reforms aimed at lifting the standard of the profession. Expectedly, some of them are drawing flaks from lawyers who are supposedly the beneficiaries of the reforms. In this interview with AYOYINKA JEGEDE, a constitutional lawyer, Uwemedimo Nwoko, who is also the attorney general in Akwa Ibom State, speaks on the issue, judicial reform, Nigeria at 55 and others.

What is your view about the introduction of stamp and seal by the NBA?
That policy of the NBA needs a drastic review because it does appear to create almost discriminatory operational principles which does not favourably consider the interest of all members of the association.

For the purpose it is meant to serve, the intention is good but the implementation needs fine-tuning. There is actually a good intention in it to the extent that members need to be properly identified. It is meant to secure the practice within the profession. It is also meant to keep away touts; and undesirable elements such as quacks from infiltrating the practice of the profession but I think, like it is done in other professions, there should be a single seal.

The idea of creating different colours for different categories of practitioners tend to make it look as if NBA is not just one family. I think it would be better if they can create a single seal that would identify all lawyers. I want NBA to humbly look at it that it is not a perfected process. It leaves room for amendment. It leaves room for creating a more generally acceptable procedure of implementation, while the policy remains but the manner of implementation should be such that it accommodates all facets of practitioners.

There is this controversy about stopping law teachers from practicing in court?
It is an unnecessary controversy. The law profession is a practical profession and it’s much to the benefit of the future of the profession that the law lecturers, who are teaching the students that would come to the profession in future, be allowed to practice. This is to allow them take the practical experience of the court room to teach the students even at their elementary stage of learning law.

Do you think the federal government should start another constitution amendment process?
There are two aspects to that discourse. One, the report of the constitutional conference on it’s own is a report of the conference. It is not an act of the National Assembly.

To that extent, the present government can pick that report and implement without necessarily touching on the very deep aspect that require amendment to the constitution. But on the aspect that would require amendment to the constitution, there is no way this government can work on it and take it as an amendment under the new National Assembly without it going back to the lawmakers to be re-passed because it was not assented to by the former president.

And having not been assented to, it has not become an amendment to the constitution and to that extent the new national assembly cannot just adopt it. So they have to go back and re-deliberate on what was done before, even if superficially they agreed to all the things that were done before at that time. The lawmakers should re-appraise it, re-address it, then return it back to the president as a new bill and then the president can assent to it and it will come into operation.

But as it stands, any aspect to the constitution that was not signed by the former president, this president cannot take it from where it stopped. It has to go back to the National Assembly.

What is your view on recommendations of the political reform conference that former President Jonathan organized shortly before his tenure ended?
The political reform conference is still something close to what we are discussing. If there are recommendations that do not require any amendment to the constitution the government can pick them and implement. But when it has to touch on any aspect that requires an amendment to the constitution definitely it has to go back to the National Assembly and the national assembly now has to re-pass it as a bill and return it to the president for his assent.

In what way in your view can we achieve judicial autonomy?
The issue of judicial autonomy is a matter that the government has been a bit not very straight with. It is provided for in the constitution and it ought not to be left to deliberations, arguments and contention. I think it is high time that the executive in Nigeria sat up to accept the fact that the judiciary deserves its autonomy in all ramifications including financial autonomy.

If the executive accept that and begin to implement it at all levels, it would create the autonomy that we require for the effective operation of the judiciary in Nigeria. Part of the reforms we actually require in this country is that the procedural rules are too cumbersome. We need to look at how other jurisdictions run their judiciary, laying less emphasis on the procedural law and laying more emphasis on the substantive law.

The procedures for our own justice delivery system are rather too cumbersome and they are created to cause more confusions than to solve problems. If we adopt the procedure we adopt in election petition matters in regular cases, it would help fast forward the process of justice delivery in Nigeria. Whatever procedure has been adopted and engineered legally for the elections petitions to be heard and determined within six months can be applied mutatis mutandis with some levels of amendment to other regular cases including criminal procedural matters and it would help achieve justice faster than we are doing now. But also Judges in Nigeria are still recording proceedings with long handwriting.

We need electronic recordings in our judicial system to reduce the stress on judges and that will also reduce the number of hours used in handling matters before any court. It is necessary at this stage to have the electronic recording systems for the courts so that judges would not be subjected to the pains of recording in long hand no matter how lengthy the proceedings may be. That has been the problem we are facing.

What then is your view on judicial corruption?
I don’t think there is any need to over amplify this idea of corruption in the judiciary. There is corruption generally in Nigeria and if we want to look at it comparatively, the judiciary is one of the most upright sectors of the Nigerian society. What we would admit is that there are some corrupt practices including corrupt personnel’s and corrupt officers within the judiciary but I don’t think there is need to over hype it.

Having said that, I think the National Judicial Council (NJC) is trying its very best to curb the unfortunate incidence of corruption in the Nigerian judiciary. The NJC is doing that very well and it will continue if all stakeholders work with the NJC.

What is your opinion about President Muhammadu Buhari’s stance against corruption?
It is a move in the right direction because every Nigerian is tired of corruption. No Nigerian would say they will not support the effort of the federal government to fight corruption at all levels and at all times with whatever it would take. But then, my humble opinion is that the federal government in fighting corruption should not negate the importance of the strict adherence to the rule of law. We cannot solve one problem by creating another.

An infringement, a deprivation, a subjection of the rule of law to ignominy, the disregard of the rule of law will be creating a bigger problem than the corruption we are trying to solve. In fighting corruption, I urge the government most respectfully to make sure that the rights of individuals are respected and due process is followed just like fighting any other crime in the society. Let due process be followed, let the rule of law be observed.

Let all principles enshrined in all criminal proceedings be followed. However, every effort should be deployed towards fighting corruption in Nigeria because corruption is a common enemy to all Nigerians.

Nigeria at 55, how have we faired?
I think Nigeria has come a long way. Comparatively the country is not doing too badly but then there are quiet number of areas that the country needs to reappraise its developmental strides and re-strategize for the purpose of making it compete favourably with other countries. Nigeria as a nation has done well in some areas particularly on being able to remain as one nation.

In its international participation and leadership role both in the West African sub region and African continent and even in terms of world politics, Nigeria has sustained an image and capacity that is worth commending. In terms of the economic development with all due respect to its leadership, I will score Nigeria a bit very low.

In terms of its economic development and also in terms of its political growth, I will equally say Nigeria is not doing very well, giving the fact that at this stage we are still struggling to perfect our electoral processes. We are still struggling to build a sustainable economic policy. We are still struggling to create a reliable paradigm in terms of our policy strategies.