Lawyers, judges responsible for public perception of judicial system
The Director General (DG) of the Nigerian Law School, Lanre Onadeko, SAN, has said that there is a fair chance that lawyers and judges are responsible for the public perception that principles of law very often fall victim to in the disposal of cases in courts.
The DG who raised this concern at a recent lecture organised by his alumni – the NIGERIAN LAW SCHOOL CLASS OF 77 on the occasion of their 40th anniversary, stated that lawyers, and judges are at the vortex of every debate concerning the nature of law and justice.
He said, “In the light of the enormous powers and responsibilities entrusted to lawyers and judges by Section 6 (1) of the Constitution of the Federal Republic of Nigeria (CFRN), legal practitioners at the Bar or on the Bench have both the legal and moral duties to ensure that justice pervades the society.”
Onadeko explained that legal practitioners were the only professionals in Nigeria with exclusive domain over an arm of government, that is, the judiciary, as the CFRN vests the judicial powers of the Federation on the courts.
He queries, “How often do lawyers in the actual handling of cases examine the tension between the obligation to their clients, and their primary duty to the court and society to ensure that “real justice”, not technical justice is done? And to what extent have the courts invoked, or shown willingness to invoke their powers, in determining the ultimate course of conduct of proceedings to ensure that justice is served?
“I am in no doubt whatsoever that lawyers and judges must continuously re-evaluate their roles as trustees of the judicial landscape, with the ultimate objective of a just and fair social order.”
In closing, the Law School DG said, “the conduct of lawyers and judges will affect public perception of the legitimacy of law and justice; and we, the class of 1977 of the Nigerian Law School, are an important integral part of it.”
Also speaking on the theme, ‘We are Lawyers, Judges: Now Justice’, Justice Abdu Aboki of the Court of Appeal who is also a member of the CLASS OF 77, decried the attack on the judiciary by the media and legal practitioners.
“Most worrisome is the attack on the judiciary by the media and the members of the Bar. This is a huge limitation on the development of the justice system. Before the court makes a pronouncement or a judgment, the media with the help of legal practitioners would have carried out its own trial and passed its own judgment on a matter still pending before the courts. This is indeed worrisome,” he said.
Justice Aboki called for the sanction of lawyers, blaming them for this continuous trend by the media.
“We wonder at the role legal practitioners play in all of this. You find legal practitioners on air daily, castigating judges and blaming them for all the woes in the justice system and the media of course is quick to run with these sensational stories; spreading it as far as it can get.
“I think lawyers should put a rein on their utterances, so that we do not with our own hands bring down the profession and legal system we have worked so hard to build. As for those who cannot do this and who continue to attack the judiciary without basis, they should be sanctioned,” The Court of Appeal Justice said with a note of finality.
Another panelist, Ebun-Olu Adegboruwa, blamed the failure to secure the conviction of treasury looters on poor investigation by the anti-corruption agencies, saying that the court was not to blame for discharging and acquitting such alleged looters because the onus was on the prosecution to prove the guilt of the accused and not for the accused to prove his own innocence.
On his part, Dr. Kole Abayomi the chairman on the occasion and Justice Olateru Olagbegi, proposed a review of the law where the onus of proof would be on the accused and not the prosecutor.
The 40th Anniversary celebration of the Nigerian Law School Class of 1977 was a two-day event, which began from June 30th to July 1st (the actual date of call) 2017, to commemorate a significant milestone. The Anniversary Lecture held at the Lagos Campus of the Nigerian Law School, Victoria Island, while the Anniversary Dinner, took place at the prestigious Eko Hotel also in Victoria Island.
For witnessing the epoch milestone, the Alumnus have received several goodwill messages from well-wishers. This includes a congratulatory message from one of its lecturers, who is the current Olowo of Owo, his Royal Majesty Oba Folagbade Olateru Olagbegi III CFR SAN.