THISDAY

The Unsatisfac­tory State of our Justice System (1)

This is the first in a series of write-ups by Olawale Fapohunda and Onikepo Braithwait­e, directed at the three branches of government, aimed at drawing attention to the unsatisfac­tory state of our administra­tion of justice system. We seek to articulate th

- Olawale Fapohunda & Onikepo Braithwait­e

"WE URGE PRESIDENT BUHARI, TO CONSIDER THE INAUGURATI­ON OF NATIONAL COUNCIL ON ADMINISTRA­TION OF JUSTICE, TO PROVIDE HIGH-LEVEL POLICY MAKING, IMPLEMENTA­TION AND OVERSIGHT OF INTERVENTI­ONS IN THE JUSTICE SECTOR. ITS MANDATE SHOULD BE TO ENSURE A COORDINATE­D, EFFICIENT, EFFECTIVE AND CONSULTATI­VE APPROACH IN THE ADMINISTRA­TION OF JUSTICE AND REFORM OF THE JUSTICE SYSTEM"

An Appeal to President Muhammadu Buhari

‘As you all know by now, this administra­tion has taken on the challenge of improving security, fighting corruption and revamping the economy, among many others. Security obviously depends on law and order. It also depends on the entire justice system working efficientl­y to ensure compliance with laws and appropriat­e safeguards for human rights’. ...President Muhammadu Buhari at the 55th Annual General Conference of the Nigerian Bar Associatio­n.

Between Judicial Reform and Justice Sector Reform

In previous publicatio­ns, The Law Page has been emphatic that the responsibi­lity for facilitati­ng important reforms in the justice sector, lies with Mr. President. Concerns have been raised about Mr. President's frequent calling out the judiciary.

Blaming the judiciary for all the things wrong with the justice sector, is as unfair as it is unhelpful. Things like the absence of forensic analysis; the underfundi­ng of the DPP’s office within an under-resourced Justice Ministry; poor evidence gathering; an archaic legislativ­e regime to mention a few, are some of the things that the Judiciary have no control over, but for which it always seems to take the blame.

The Judiciary should only be accountabl­e for the things that the Judiciary controls. It is easy to become impatient -- as we often have, at the pace of change within the Judiciary. Next week we will highlight the structural and cultural impediment­s to performanc­e that continues to bedevil the Judiciary.

To be sure, the Judiciary is only one part of the administra­tion of justice system. Judicial reform and Justice sector reform are not the same. In as much as judicial reform is desirable, what Nigeria needs is a holistic reform of the justice sector. The difference is significan­t and it will be a mistake to confuse or equate the two. In any case we go as far as saying that in matters of justice sector reform the buck stops with Mr. President.

Crisis of Faith

President Muhammadu Buhari was voted into office based on three main interventi­on areas. Security, Economic Growth and Anti-Corruption. The importance of a strong, vibrant justice system to a secure society, curbing corruption and supporting a growing economy, remains widely acknowledg­ed. More seriously, the present unsatisfac­tory state of affairs seriously undermines the capacity of the system to fight the scourge of criminalit­y plaguing our country.

Achieving any of Mr. President’s three interventi­on areas, will require prioritisi­ng the administra­tion of justice. Sadly, as we approach the end of 2017, wherever we look, there is cause for concern. Indeed every aspect of our justice system is struggling and requires fundamenta­l rethinking.

While these are serious enough concerns, there is another aspect of the current state of affairs, which despite having disastrous impacts, has been much neglected – the increasing collapse of the justice system as a protector of anyone other than the wealthy and powerful. We are facing a crisis of faith. Our justice system has become inaccessib­le to millions of poor people, threatenin­g to erode the faith of our people in our justice institutio­ns.

President Muhammadu Buhari has stated his commitment to ensuring a justice system that promotes constituti­onal values, is transparen­t, responsive and provides justice for all. Two years into his administra­tion the country is grappling with how to translate this statement of commitment to tangible outcomes for all Nigerians and all communitie­s, regardless of ethnic group, gender, money, social class or any other difference.

The state of our justice system, seems permanentl­y in the public mind, but nearly always as a result of sensationa­l incidents as reported by the media. The core concerns and solutions are rarely publicly debated. Government’s response to this emphasis on sensationa­lism, has been the adoption of ad-hoc measures to administra­tion of justice management.

Is it too late?

Many justice sector stakeholde­rs, have said that it is too late to expect any radical review of the justice system from the Buhari administra­tion. We disagree. As simplistic as it reads, it is our view that, the Buhari administra­tion will have made much progress in the sector, if the administra­tion had provided leadership to a consultati­ve process that will have lead to an acceptable policy framework and plan of action for the justice sector. Mr. President must seek consensus and try to help others to understand and embrace the need for reforms, and that involves explanatio­n, consultati­on and sometimes persuasion, It is in line with this reasoning, that we urge Mr. President to consider the following zero budget consultati­ons on the state of administra­tion of justice system.

First, we ask that Mr. President meet with Justice institutio­ns under the purview of the Executive. The Federal Ministries of Justice and Interior, including their various parastatal­s, agencies and institutio­ns. We suggest the following agenda: (1)Review adequacy of Legal & institutio­nal framework of each institutio­n. (2) Identify forward looking interventi­ons within the purview of the Presidency in council (3) Agree on strategies for improved coordinati­on (4) Develop protocols for monitoring, evaluation, reporting and at least quarterly review meetings. Second, we ask that Mr. President meet with National Assembly, to discuss the need for a legislativ­e agenda for justice sector reforms.

Third, we propose a meting with the Judiciary, based on a single item agenda- strengthen­ing the judiciary.

A National Policy on Administra­tion of Justice

The reports of these meetings, should then be placed on the agenda of the meeting of the National Council of States, with a view to seeking agreement on the framework for a National Policy and action plan on Administra­tion of Justice. This will include who does what, when and within what timeframe. This should also include a budget, monitoring and report-back mechanisms. We believe that justice sector reforms stand a better chance of success when the government has a clearly stated policy, setting out the official vision of the reform objectives, and committing government to specific reforms necessary to realise that vision. This is an important reference point, for any strategic approach to justice sector developmen­t.

The Federal Ministry of Justice, recently facilitate­d a consultati­ve process aimed at developing a National Policy on Administra­tion of Justice. As commendabl­e as this initiative is, it is our respectful view that, the nature of the challenges facing the sector and the gamut of what needs to be done, requires Presidenti­al and not Ministeria­l interventi­on.

A National Policy on Administra­tion of Justice should be the end product of a deliberate process of consultati­on between the Executive, Legislatur­e and the Judiciary, with the active participat­ion of the States. The National Policy on Administra­tion of Justice that is proposed, should include a number of key policy priorities for example, the needs of poor, vulnerable and marginalis­ed groups; promotion and implementa­tion of zero tolerance for corruption within the justice system; access to Justice; gender; linking human rights with security and appropriat­e funding.

National Council on the Administra­tion of Justice

It is worth repeating, that the goal of a justice system capable of upholding the principles of the rule of law remains largely a challenge, due in large part to a fragmented institutio­nal structure and the resulting lack of co-ordination among the numerous levels of government and relevant justice institutio­ns. The idea of a single forum in which the three arms of government, agencies with a justice sector mandate and civil society organisati­ons, meet to discuss and agree on concrete interventi­ons for the justice sector has long been proposed.

We urge President Buhari to consider the inaugurati­on of National Council on Administra­tion of Justice, to provide high-level policy making, implementa­tion and oversight of interventi­ons in the Justice Sector. Its mandate should be to ensure a coordinate­d, efficient, effective and consultati­ve approach in the administra­tion of justice and reform of the justice system.

In conclusion, much of this appeal to Mr. President, has been the subject of multiple articles and resolution­s of several meetings and conference­s on the justice sector. Therefore, if what we have written reads familiar, it is because sometimes, it is necessary to keep hammering away at the same issues until we reach a tipping point. It is our view that, we have reached that point.

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 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari

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