Tuesday, December 11, 2012

Justice is on slow- motion

In the Nigerian Law School, it is mandatory that each student participates in a court attachment exercise,a period whereby students are attached to courts in other for them to experience first hand the rules and procedures of the court system. I remember walking into the halls of the Federal High Court, Abuja during my attachment dressed in my white shirt, dark suit
and black tie as is the usual custom, filled with a great sense of purpose after winking at the blindfolded babe outside who held the sword and the balancing scales, lady justice was to be my bride after my call - to - bar ceremony, it was essential we had a relationship.
Anyway, while sitting in the court room, taking notes, watching lawyers try to outsmart one another and observing the grim looks on the faces of witnesses and accused persons alike, i noticed one thing,"adjournments". Oh my goodness, every matter got adjourned, sometimes for months at a time and i always wondered why. Even as a practicing lawyer, i still wonder why. I have come across cases that have been in court for almost 12 years, what am i saying, i know one that has been in court since 1986, i am sure lawyers and others who have been to the courts know what i am talking about. How can it still be regarded as justice if it takes me 5 years or more for the High Court to deliver judgment, keeping in mind that if the courts' decision goes on appeal, we could still be litigating for another 5 or 7 years.   Imagine how i felt when trying to explain to a client in court that our matter had been adjourned for the 5th time,1 year after filing court papers, we were still yet to see the judge eye to eye.
I am not blaming the judges, even they will tell you that sometimes the lawyers bring up all sort of applications in a bid to stall the proceedings. I am however blaming the "law". I mean the rules of court. This issue has been judicially noticed and some credible steps have been taken to speed up the court process, for instance: the Electoral Act now provides that election tribunals are given accelerated hearings and same also apply to issues bothering on fundamental human rights but that is not enough. All matters before the court, either: Civil or Criminal,should be given accelerated hearing, I propose that all matters in court must not exceed a maximum of 180 days from the date of filing whether in the Magistrate court, High Court, Court of Appeal or Supreme Court.  
With the rampant allegations of corruption within the Nigerian Judicial System, the common man has lost faith in the courts, he believes justice is for the rich or well connected. The Court which should serve as a champion for the average Nigerian who has no blood or political ties to people in power is alleged to now be the piper who palys the tune of the wealthy few who pay bribes. We need reforms,the judiciary needs reforms and we need it like yesterday.
Adedunmade Onibokun Esq.
@adedunmade

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