Managing Director of the Delta State Oil Producing Areas Development Commission (DESOPADEC), Bashorun Askia Ogieh, has called for urgent reforms in the country’s judicial sector describing it as a profession whose image is being badly damaged with “accompanying innuendos.”
He also lamented the activities of the law enforcement operatives which according to him led to the “ignoble removal of the former Chief Justice of Nigeria and the beginning of the gradual killing of the judiciary helped by the timid response from the BAR.”
The DESOPADEC boss made his position known while speaking as a guest at the annual law week of the Nigeria Bar Association (BAR), Oleh branch which was held at the Anglican Women Hall, Oleh.
In his paper presentation titled, “An appraisal of the contemporary Nigerian Lawyer: Development or Regression,” he took a swipe on some judges over their frivolous and most times conflicting rulings of courts of coordinate jurisdiction, saying, “You don’t need me to tell you that this has badly tarnished the image of the judiciary.”
Speaking further, he said: “Ex parte motions are buzz words today, so popularised by their abuses. By my understanding, there is nothing wrong with ex-partes. But when you know that a matter is before a court of coordinate jurisdiction, you don’t need to shop around for courts and judges to get favourable rulings and or judgements for your clients.
“For me, that is a cardinal sin against the judiciary and your noble profession. Was it not curious and incredible that your colleagues in Anambra travelled 950 kilometers to Jigawa to obtain an exparte ruling on a matter that was already before a judge in Awka?
“And, I am amazed that the indicted judges are claiming ignorance of the same cases that are before coordinate courts. It means the judges are not reading, it means they are not following contemporary issues; they are alienating themselves from society as if they are not part of it. That is wrong, if it is the hard to believe truth that they were truly not aware, because they are members of the society who should be up to date with happenings around them.
“For me, the actions of the lawyers and judges tantamount to gross judicial misconduct which should be urgently addressed to redeem the image of the judiciary.”
On the removal of the Chief Justice of Nigeria, the DESOPADEC boss while taking a swipe at the BAR, said: “You didn’t resist it. You were cowed. It was not good enough, that a low level judicial officer who was even standing trial could remove a Chief Justice of Nigeria, and the BAR kept quiet. It was a sad commentary on the profession. You must defend and protect the profession at all times.
“Is Justice expensive? So it seems since it is now above the reach of the common man. The highest bidder gets justice these days and the common man relies on “God Dey,” a hopeful prayer of the streets which oftentimes leads to resort to self-help by the terribly aggrieved who failed to get justice at the altar of justice.
“There has been a plethora of how some Judges, Senior Advocates, Senior Counsel and other lawyers have engaged in this act of impunity. This without doubt has become a snarl in the wheel of legal profession in the country and there must be a 360 degree turnaround. The question is who do we run to for sane legal advocacy and canopy if those who ought to play that role are falling short of expectation?
”Critics also finger the undue delay in the administration of justice in the Nigerian legal system as a hydra-headed monster that has fastened its lethal proboscis on the fabric of our legal system. The blame here is shared by both the BAR and the Bench”.
“Some Judges sit very late while others sit sporadically. When they do come to court, they are in a hurry to usher off the lawyers from the stage as soon as possible. They adjourn at the slightest prompting and may even take months to write a simple ruling on the admissibility of a document.
“Lawyers too are not left out of this misnomer as they shoulder a portion of the blame, often seeking needless adjournments, frivolous amendments to pleadings, notices of appeals and briefs. Some are even rumored to collude with court officials (without the knowledge of the Judge) and smuggle documents which the Judges rightfully refuse to acknowledge when the matter comes up.”
Proffering the way out for the judiciary, he advocated on the need for innovation and legal dexterity which he said is not one to undermine due to its long-term impact in the entire legal profession.
According to him, “A lawyer that takes innovation and ingenuity for granted in this present time when the world seems to be racing against time itself is likely to be left behind to pine over nothing. Technology and other modern approaches to issues are gradually creeping in and taking over the traditional jobs of legal practitioners. It is therefore only the vigilant, industrious, innovative and diligent lawyers that may stand the test of time.”
Speaking further, he said: “No doubt, this is the age of digital information, communication and technology. By implication, any lawyer worth his salt will not sit on the fence and assume that it is the same route that must be taken to reach Eldorado. Time has indeed changed as it has suddenly proved to be so rare and no respecter of the indolent anymore.
It is also changing fast and will certainly continue to change and move at a pace that responds to the reality of the day. Particularly, the 21st century has proved to be tech-driven, permeating virtually all aspects of life. Law is not an exception to this trend.
“Development, we are told, is an organic concept measured in tangible and intangible. The criteria for determining whether the lawyer is progressing or receding will depend on what is required as his roles and responsibilities toward society.
“For me, I am of the opinion that the contemporary Nigerian lawyer can improve his current performance by taking cognizance of and electing to be guided by the rules of professional conduct. The Nigerian lawyer must therefore be on top of his game, else he may blur off the radar.”