To fast-track dispensation of justice (2)
11 January 2023 |
3:06 am
Continued from yesterday Judges and magistrates should form the right attitude to work. They should sit at the statutory time of 9 a.m. While sitting, they should avoid all loquacity and intemperate language in order not to waste the time of the court. For example, some judges of superior court of record do not sit…
Continued from yesterday
Judges and magistrates should form the right attitude to work. They should sit at the statutory time of 9 a.m. While sitting, they should avoid all loquacity and intemperate language in order not to waste the time of the court. For example, some judges of superior court of record do not sit for many months without any substantial reason. This should not be condoned and disciplinary action should be brought against such judges who have refused to sit. To salvage the Bench from moral degeneracy, the National Judicial Council (NJC) should routinely weed out the dead wood in the Bench
The courts should avoid unnecessary adjournments which may cause delay in adjudication of court cases. Heavy costs should be awarded to penalise unethical lawyers who file unnecessary court processes or make unnecessary submissions that lead to delay in the disposition of cases pending in courts. The Legal Practitioners Disciplinary Committee (LPDC) should meet regularly to consider the petitions and complaints against erring lawyers and should not hesitate to sanction any erring lawyer appropriately. The Nigerian Bar Association (NBA) must not relent in its efforts to rid the Bar and the Bench of unworthy lawyers and judges. Cases pending in court suffering from diligent prosecution should be promptly struck out. Punitive costs should be awarded against lazy lawyers applying for unnecessary adjournments in court. A well-serviced electricity generator should be provided to light up the courts in the event of a general power failure.
Considering that the Supreme Court is bogged down with 6,884 cases, more judges should be appointed to the Supreme Court immediately. Currently there is a shortfall of justices in the Supreme Court. Only 13 Judges are left at the apex court against the 21 judges stipulated in the Constitution. As we had previously maintained, nothing stops the National Judicial Council (NJC) from appointing seasoned legal practitioners, academics or jurists to serve as Justices of the Supreme Court as in the past in order to meet up with the inadequacy of judges in that court. According to the NJC, only 1,179 judges are currently available to preside over the courts across the country with an estimated population of 218 million people. As a result, many cases unnecessarily drag on in the courts with some case files being called up for the first time after many years. Consequently, more judges should be appointed across the country to stem the tide of law cases piling up in our courts. Special courts should be set up to expeditiously handle some cases, like constitutional cases, criminal and corruption cases.
Judicial personnel- court bailiffs, court clerks and registrars, court messengers, court typist etc- who equally play very important roles in the dispensation of justice should also try to discharge their duties diligently. Oftentimes some court bailiffs refuse to effect court processes simply because they were unable to extort money from a litigant or his counsel. There are so many missing case files in our courts today. Many litigants get to court only to discover to their chagrin that their case files have either been misplaced or are completely lost. These are administrative injustices which beget legal injustice or even social injustice. Therefore, the NBA should also focus its searchlight on corrupt and incompetent court personnel. Court registrars indirectly extorting money from litigants and lawyers should be exposed and brought to justice. Lawyers should stop bribing court personnel or acceding to their extortionist bids.
Without a complete overhaul of the country’s criminal justice system, cases against the awaiting-trial-inmates (ATM) languishing in our various correctional centres will continue to linger on in the courts. The Police criminal prosecutors should attend compulsory yearly training in order to update and upgrade them on how to carry out their duties responsibly. Crime investigation must not drag on endlessly. There must be a time frame for crime investigation. Efforts should be made to convey criminal suspects to court on the days they are supposed to appear in court. Endless adjournments at the instance of the police for lack of vital evidence to prosecute the suspects should not be tolerated. Magistrates who lack the jurisdiction to try certain offences like murder charges should not continue to remand suspects in prisons under the cover of “Holden Charge.’’ Oftentimes the delay in the prosecution of criminal suspects results from poor preparation and presentation of cases by the police and Economic and Financial Crimes Commission (EFCC). Uncountable charges preferred against some suspects by the EFCC are later dramatically dropped by the same EFCC without genuine reasons. Some of the suspects being publicly paraded by the EFCC are always beaming with smiles with the conviction that they would be let off the hook sooner or later. Therefore, the EFCC should be more diligent in the discharge of its duties.
Dumping of young suspects in prison without trial must stop. More juvenile courts should be established to try young offenders. Suspects who cannot be charged to court within two or three months should be released from detention as stipulated in our Constitution.
Beyond mere lamentation, it is high time all stakeholders sat together to realistically salvage the judiciary from the doldrums of inefficiency, corruption and delay in justice delivery afflicting it over the years. In all these factors, there will be need to address funding as a key element of speeding up justice delivery. But without justice, it will be impossible to promote societal aims. Take away justice from the society and all you will find is open robberies. The judiciary should be insulated from partisan politics. The much-vaunted financial independence should be granted the judiciary in order to fast-track the dispensation of justice. Political office holders should desist from interfering in the work of the judiciary. The executive and government agencies should obey court orders. The country’s democratisation experiment will be aborted if the state which is supposed to be exemplary in obeying the law is willfully disobeying the law. Justice is the essence of the legal system. Justice delayed is justice denied. Fiat justicia ruat coelum (Let justice be done though heaven falls).
Related
Latest
47 mins ago
Leicester City striker Kelechi Iheanacho faces uncertainty regarding his future as his contract nears its end, with reports suggesting that the club may not extend his contract beyond this season. The Nigerian attacker joined Leicester City from Manchester City in 2017. However, with his contract approaching its expiration, speculation has arisen regarding his next move.…
59 mins ago
Napoli are exploring potential replacements for their star forward, Victor Osimhen, who is expected to leave the club during the summer transfer window. Among the potential candidates, Super Eagles striker Terem Moffi has caught the attention of the Italian club as a possible replacement for Osimhen. Moffi's outstanding performances in Ligue 1 with OGC Nice…
1 hour ago
Wilfred Ndidi, the Super Eagles and Leicester City midfielder, has made clear his ambition to move to one of the top six Premier League clubs when the upcoming transfer window opens. The 27-year-old has had a resurgent season with the Foxes under the management of Enzo Maresca, scoring six goals and providing six assists in…
1 hour ago
Russian President Vladimir Putin said Thursday he plans to visit China in May, in what would be his first trip abroad since re-election as the two forge closer ties.
1 hour ago
Montpellier striker Akor Adams remains optimistic about his prospects of earning a spot in Nigeria's Super Eagles squad, despite the fierce competition among the team's forwards. Adams gained attention this year after moving from Norwegian club Lillestrom in a deal worth €4.5 million. The 24-year-old started his Ligue 1 season impressively, scoring seven goals in…
1 hour ago
To encourage voters to turn out in elections, companies in Bengaluru have offered free beers and transportation to voters. President of the hotel association PC Rao told the Bangalore Mirror newspaper, "Different hotels and restaurants will be providing different things to the voters based on their personal call. "While some of these places will provide…
1 hour ago
A key witness in the criminal trial of Donald Trump detailed Thursday how he worked with the former president's personal lawyer to kill a Playboy model's story about a sexual relationship with the Republican.
1 hour ago
The Chief of Naval Staff (CNS) Vice Admiral Emmanuel Ogalla has said he is extending the duration of a special operation launched to combat crude oil theft in the Niger Delta region dubbed Operation Delta Sanity by another 90 days. The special operation which was launched on January 6, 2024 was to combat crude oil theft…
1 hour ago
Head Coach Bankole Olowookere has called up 25 players to the camp of Nigeria's U17 Girls National Team, Flamingos, in preparation for the upcoming FIFA U17 Women’s World Cup qualifying match against Burkina Faso. This squad selection is part of the lead-up to the third round of the African qualifying series. The list includes a…
1 hour ago
Telecommunications companies operating in Nigeria Airtel, MTN, 9Mobile, and Glo, are proposing an increment of tariff. The Association of Licensed Telecommunications Operators of Nigeria (ALTON) and the Association of Telecommunication Companies of Nigeria (ATCON) on Thursday, in a joint statement said the current price control mechanism is not at par with the economic realities. Consequently,…
×
Get the latest news delivered straight to your inbox every day of the week. Stay informed with the Guardian’s leading coverage of Nigerian and world news, business, technology and sports.
0 Comments
We will review and take appropriate action.