Law/Judiciary
Echoes Of 2016/2017 Legal Year In Rivers
The judiciary as the third tier of government occupies an important position in the development of Nigeria as a nation. The judiciary has been described as the only hope for both the poor and the rich in the society. Both the rich and the poor approach the judiciary for justice.
A society without a functional judicial system is bound to experience anarchy. Nigeria, as a nation operates a federal system of government which establishes the independence of the three arms of government, the executive, legislature and the judiciary which in turn promotes separation of powers as well as checks and balances.
Recently, the Nigerian judicial system has come under serious attack as a result of an alleged allegation of corruption against the reverred third arm of government.
This has resulted in the arrest of some judges and senior lawyers who were alleged to have committed the alleged act, for which some of them have been charged to court. The scenario, therefore, has painted the judiciary in bad light and has also threatened its sanctity and its integrity.
This affront to the nation’s judiciary, has occupied the front burner of national discourse in the country in recent times.
This national discourse took a centre stage at the special court session held in Port Harcourt organised by the Rivers State judiciary to herald the 2016/2017 Legal Year and the re-dedication service.
The 2016/2017 edition which has become an annual ritual of the legal profession was attended by Judges both in the state High Courts, and the Customary Court of Appeal in the state, Senior Advocates of Nigeria, members of all the branches of the Nigerian Bar Association (NBA) in the state, representatives of Bayelsa and Imo State Chief Judges, President of Customary Court of Appeal, members of State Executive Council, legislative arm, with the state Chief Judge leading the way.
Speakers at the one-day special court session described the current challenges ravaging the judiciary as an aberration to the independence of the judiciary as enshrined in the Constitution of the Federal Republic of Nigeria. The speakers were of the opinion that if such trend was not properly checked and resolved very well, it was capable of destroying the confidence and integrity of the country’s judicial system as well as become threat to the country’s democratic system.
The speakers however, opined that they were not against the on-going war against corruption by the Federal Government but advised that such measure should be driven in accordance with laid down principles with respect to human rights.
Taking the lead during the special court session, the Chairman of the Nigeria Bar Association (NBA), Port Harcourt branch, O.V. Frank-Briggs (Esq) who led other NBA branches in the state, said the legal profession must rise up to purge itself of corruption allegations, adding that the entire profession requires restructuring in order to maintain its integrity and acceptability before the society.
He stated that indeed the nation was battling with the problem of corruption, adding that the judiciary was not exempted from the cankerworm.
The NBA chairman however commended security agents for their efforts in fighting corruption in courts but advised that such fight should follow the rules of their engagements.
“They should be tactful and abide in the rules of their engagement, we as association, we must accept the truth” he stated.
He urged the involvement of the Bar in the selection and appointment of Judges, adding that in doing so, the problem of corruption would be eliminated from the system.
Also speaking, a former NBA President, O.C.J Okocha (SAN) who spoke on behalf of the members of Inner Bar in the state, berated the National Judicial Council (NJC) and the Nigeria Bar Association (NBA) over their comments and position on the alleged corruption of some judges adding that the Bar must rise up to speak in defence of the judiciary no matter the level of intimidation from the Federal Government.
He commended the state Chief Judge for her performances in office adding that the Senior Advocates of Nigeria (SAN) would continue to support her administration.
The Senior Advocate of Nigeria (SAN) averred that this year’s opening of the legal year was coming at a time when the judiciary was under siege by the forces of the Federal Government, adding that the recent arrest of some judges by DSS was capable of destroying the reputation of the judiciary system in the country.
“These arrests can damage the reputation of Judges and Magistrates as they are now under suspicion. One should support the war, nobody is immuned from the criminal allegation but what we are against is the treatment meted out to the judges as if they were common criminals and as such, their houses were desecrated.
In his own contribution, the state Attorney-General and Commissioner for Justice, Emmanuel Chinwenwo Aguma (SAN), said the legal year affords members of the legal profession to reflect on the judiciary system, adding that this year,s was coming at a time when the judiciary is under attack.
He stated that by the attack on the judiciary, the justice administration was at the verge of collapse.
In her speech, the state Chief Judge, Adama .I. Iyayi-Lamikanra who presided over the special court session thanked the state governor for the confidence placed on her by appointing her as the Chief Jjudge of the state, assuring that she would continue to uphold the tenets of her oath of office.
Justice Iyayi-Lamikanra used the opportunity to highlight some achievements recorded by her administration both at the state High Court and the State Customary Appeal Court.
She listed the appointment of three judges of the High Court and Customary Court of Appeal, gaol delivery, training, purchase of 54-Honda cars for Magistrates, renovation and remodeling of court Library.
She further disclosed that the judiciary generated N367 million higher than N225 million generated in 2015. She however, thanked the people for their support to her administration.
The climax of the event was a minute’s silence observed in honour of late human rights activist, Ken Asuette and other staff of the judiciary who died within the period under review.
The legal year began with a church service at St Paul’s Cathedral, Garrison, Port Harcourt.