Executive, legislature largely determine the efficiency of Nigerian justice system
Former President of the Commonwealth Lawyers Association (CLA), BOMA OZOBIA recently spoke about the role of the Judiciary in the anti- corruption war, the contributions of legal practitioners and the efficiency of the justice system. In this edition, Legal Business Editor, THEODORA KIO-LAWSON shares excerpts of this interview.
ON THE ROLE OF THE JUDICIARY IN THE WAR AGAINST CORRUPTION, She says…
Indeed, the judiciary is a critical component in the war against corruption. It is however only a part of the collage and if the other parts are dysfunctional we will end up with a jumbled picture rather than the perfect outcome we all desire. We tend to equate the judiciary, which is a collective name for judges, with the administration of justice.
We forget that there is a whole support system that has to be properly functional in order for the judges to perform at optimum as well. The judge has to have a court that works! Communication, data entry and storage, reliable research support, and all of those things we require as practitioners and more. Where judgments have been delivered and litigants are waiting for weeks for these to be typed up, or a judge is constrained to carry files home because the registry may misplace the file due to the inefficiency of the system, then clearly the justice administration system is not only failing the Nigerian masses, it is failing the judiciary.
JUDICIARY, JUSTICE ADMINISTRATION SYSTEM AND EFFICIENCY
It would appear on the face of it that the judiciary is in charge of the justice system, but the reality as expressed in the old adage, ‘he who pays the piper, dictates the tune’, is that the Executive and to an extent the NASS control the purse strings and therefore, have a crucial role to play in determining how efficiently our justice administration system works.
The 2016 budget is not at all encouraging in that respect as the provision for justice administration is woefully inadequate. In order to ensure that the courts are equipped to play their role as a crucial part of the war against corruption, they must be properly funded by way of a supplementary budget this year, not 2017.
ARE PETITIONS AGAINST JUDGES A REFLECTION ON THE QUALITY OF THE JUDGES OR THE JUSTICE SYSTEM?
Well, on this issue, I think we all should be guided by the statistics. Justice Aloma Muktar you will recall said that upon her assumption of office as Chair of the NJC, the panel inherited 139 petitions of which 106 were, to quote her, “vexatious and baseless”. This description of vexatious and baseless applied to more than three quarters of all the petitions against judges that was inherited by the former CJN and the Commission at the time, for goodness sake! She went on to say that after assumption of office they received 198 petitions, 150 of which were found to be frivolous. Again, approximately three quarters.
That is an inordinately high number and seems to imply, at least in my considered opinion, that the problem is not with the judges per se, but with the petitioners who are invariably litigants before these judges. And perhaps with those who represent them. It is either these litigants have not been properly guided or have not had the benefit of professional assistance at all.
WHAT ARE THE EFFECTS OF THESE PETITIONS ON THE JUSTICE SYSYTEM?
More recently, we are witnessing the debilitating effects of these frequent, mostly unfounded but nonetheless damaging petitions on our justice system. When a judge feels obliged to recuse himself as was reported recently due to an allegation of bribery on online ‘news’ websites and other questionable publications, then the pendulum is clearly not balanced and steps need to be taken to balance the equation.
Another example is the recent furore about a judge and a litigant belonging to the same class of the Nigeria law school. Incidentally, this happens to be my class and I can tell you that I did not know the judge in the law school, nor the petitioner, nor any of the other class members who have commented on this thus far. If a judge is to recuse himself for attending law school at the same time as a litigant before him, it stands to reason that he must also recuse himself if a classmate appears before him as an advocate. Where will it end?
HOW EFFECTIVE ARE JUDICIAL PANELS AND COMMISSIONS IN THE QUEST FOR JUSTICE?
Judicial Commissions are not peculiar to Nigeria and can certainly be a useful tool in investigating specific incidents or issues and possibly proffering solutions from their findings.
However, such commissions or panels must have the confidence of all parties in order for it to perform its assignment successfully.
Take the recent incident in Kaduna State between the Army and members of the Shiite sect headed by Zakzaky. The lawyers to the Sect recently announced that they would not appear before the commission. The incidents arising out of the recent Rivers State re-run election has also resulted in the state government setting up a Commission. The question that arises, to my mind every time a commission is set up, is how inclusive is the process?
Did government consult all stakeholders in relation to the composition of the panel, terms of reference and modus operandi prior to setting up the commission or did it proceed unilaterally and then invite stakeholders as has been the case more often than not? Furthermore, do we set up these panels and commissions as a means to an end rather than an end in itself?
LAWYERS HAVE BEEN ACCUSED OF BEING A CRITICAL PART OF THE PROBLEMS IN THE SYSTEM. WHAT’S YOUR TAKE ON THIS?
Our professional ethics requires us to be a part of the solution. We are officers of the Court as well as advocates and advisers to parties before the court and our clients in none litigious transactions.
Every Nigerian is entitled to a lawyer if charged before a court, no matter how heinous the crime or how large the sum alleged to have been stolen. Hence, all of those currently charged with corruptly enriching themselves or others with our commonwealth are entitled to their day in court and their choice of lawyer or lawyers. However, we must not assist litigants who may be inclined to do so, to pervert the course of justice by our superior knowledge of the justice administration system and the inherent weaknesses of the system.
BOMA OZOBIA PROFILE
Boma Ozobia heads the Public Law Group of Sterling Partnership. She is a cross border lawyer qualified to practice law in Nigeria and in the United Kingdom.
She was on the Board of Trustees of the Royal
Commonwealth Society and served as President of the Commonwealth Lawyers Association 2011-2013, the first woman President in the over 50-year history of the association of lawyers from 54 countries.
She also served as the Chairperson of the Association of Women Solicitors of England and Wales between 2005/2006. She is an experienced Arbitrator and an accredited Civil and Commercial Mediator. Her experience in corporate commercial practice spans well over two decades. She specializes in International Tax, Marine Insurance, Commercial Law, Structured Finance and Commercial Dispute Resolution.
Boma has advised clients on some of Nigeria’s leading commercial transactions in a number of sectors including manufacturing, banking, hospitality, telecommunications, maritime, sales and distribution of oil and gas, and project financing and development.
She has represented clients before the Administrative Panel Proceedings of the Securities and Exchange Commission, the Investment and Securities Tribunal, Administrative proceedings of the Federal Inland Revenue Service, Committee Investigative Hearings of various National Assembly Committees, and before the superior courts, from the High Courts to the Supreme Court.
Her role as President of the Commonwealth Lawyers Association involved extensive governmental and legislative relations both at the national and international levels including interfacing with commonwealth law ministers in various commonwealth jurisdictions.
Boma was educated in England at King’s College, University of London where she obtained an LL.M in Maritime Law, and in Nigeria where she obtained an LL.B from Rivers State University of Science and Technology. She is admitted to practice law in Nigeria and in England & Wales.
THEODORA KIO-LAWSON