In a bold move towards justice reform in Nigeria, a group of Senior Advocates of Nigeria are making remarkable efforts to collaborate with stakeholders in a bid to implement a process that would lead to the reform of critical aspects of Nigeria’s justice delivery system.
Unveiling this initiative known as the Justice Reform Project (JRP) to the public, the group in an official statement signed by no less than 20 senior advocates, expressed deep concerns for the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.
“We feel obliged to make this intervention for two primary reasons: (i) a recognition that the events which have resulted in this debacle is in fact a manifestation of and response to a deeper malaise in the administration of justice and justice delivery in Nigeria; and (ii) a concern that the crisis of confidence that is currently shaking the judiciary and the legal profession in Nigeria is unprecedented,” the statement read.
It explained that this intervention, was not aimed at delving into the merits or demerits of the respective positions that have been taken by the different actors regarding the suspension of Justice Onnoghen, but to rather examine the underlying factors that have engendered or perpetuated the undoubted loss of confidence in the judiciary and the legal profession and to proffer suggestions for a much needed reform.
It read, “Certain facts are hardly contestable. There is a widespread perception that there is corruption in the judiciary and this perception is supported by anecdotal evidence. Unscrupulous litigants and some complicit lawyers, including some Senior Advocates, procure judgments and orders by corrupt means.”
According to the justice reform group, it is also beyond dispute that the system for self-regulation in the judiciary and the legal profession has failed. They note that lack of transparency and deep appreciation of the basic ethos of governance in the processes and procedures of the relevant institutions lies at the very heart of the challenges the Bench and the Bar are currently facing.
“There is a perception that the National Judicial Council (NJC) has been ineffective in exercising discipline where high-ranking judicial officers are involved and that its proceedings and internal processes are unduly opaque. Similarly, the Nigerian Bar Association is notorious for its inefficacy in respect of disciplinary issues. Petitions filed by litigants and members of the public linger for years on end without resolution,” the group further stated.
Recalling what it described as the golden era of the judiciary, members of the Justice Reform Project (JRP) disclosed that the Nigerian legal profession and justice system have known better days.
“We recall the golden era of our judiciary, when judgments of Nigerian courts were cited with approval in foreign courts. Sadly, this is no longer the case. In our view, the incessant examples of contradictory decisions that have afflicted Nigerian jurisprudence in all facets of law further fuel the perception of incompetence and corruption by the Nigerian judiciary and the legal profession,” it said.
They are also of the view that, the time has come for an urgent self- introspection and evaluation with the ultimate aim of a robust systemic reform of the Nigerian judiciary and the legal profession.
Therefore, in an effort to achieve a broad consensus on, and implement a process for the reform of the sector, the Reform Project highlights some critical aspects of Nigeria’s justice delivery system for review and reform.
These include, the composition, constitution, functions and internal controls of the National Judicial Council; the process for the appointment, continuing education and promotion of judicial officers; the process for the discipline and regulation of judicial officers; terms and conditions of service of judicial officers; Judicial ethics, values and the relationship of the Bench with the Bar; as well as the process for the appointment of lawyers to the Body of Benchers.
Other critical issues are, the composition, constitution and internal controls of the Legal Practitioners Privileges Committee; the process and criteria for the conferment of the rank of Senior Advocate of Nigeria; the roles and responsibilities of Senior Advocates of Nigeria as leaders of the Bar; the regulation and discipline of Legal Practitioners; ethics, values and standards of legal practice and the composition, constitution and internal controls of the National Executive Committee of the Nigerian Bar Association.
“The need for action is urgent. We will commence our work immediately, and we will operate on the basis of transparency, objectivity and inclusiveness. We will soon publish details of how we propose to engage and collaborate with all stakeholders, especially the Nigerian Bar Association,” the group re-emphasized.
In closing, they called on other members of the profession to act now to save the profession and the nation.
Though the Justice Reform Project (JRP) currently has 20 members on board. There are indications that this number will increase with time, as many other senior advocates are seemingly eager to join this train and have expressed solidarity with the group.
THEODORA KIO-LAWSON
