Review Costs of Filing Cases, to Enable More Access to Justice, NBA Appeals to Lagos Judiciary
The Nigerian Bar Association (NBA) Ikorodu Branch, has appealed to the Lagos State Judiciary, to review its position on the issue of judicial seal and some grey areas inhibiting access to justice, to enable the common man have more access to justice in the State.
The Chairman of the NBA Branch, Levi Adikwaone, said the courts are the last hope of the common man, but such hope would be dashed where a common man cannot access the court because of the costs involved.
Adikwaone made this appeal last Tuesday in his welcome address, at the 12th Asiwaju Babatunde Olusola Benson, SAN Annual Lecture, held as part of the 2018 Law Week programme of the NBA Ikorodu Branch at the Ikorodu Town Hall.
He said the cost of obtaining justice is increasing by the day, as filing fees are frequently reviewed upward while the time taken to litigate a case is becoming longer.
“The cost of obtaining justice is increasing by the day, as filing fees are frequently reviewed upward, while the time taken to litigate a case is becoming longer.
“We need simpler Rules of Courts. We need to make use of technology, and get rid of the old ways of doing things. It is in this vein, that the use of P.O.S machine for payment of court fees at the registry is advised; SMS messages should also be sent to Lawyers ahead of court dates to notify Lawyers, and by extension, their clients of adjournment of cases to reduce stress and waste of precious time commuting to and fro courts, and to maximise our time for many other businesses for which we are engaged on a daily basis by clients”, Adikwaone noted.
The NBA Chairman, also made a case for more slot for judges of High Court of Lagos Judiciary, to reduce the workload of the present Judges in the State.
According to him, Lagos State needs not less than a hundred Judges on the High Court Bench, at the moment.
“It has become expedient to make a case for more slots for Judges on the High Court Bench, given the workload and the effect on the productivity in that particular cadre of judicial service. Lagos State needs not less than a hundred Judges on the High Court Bench at this moment. We, as the service consumers, will do our best in this crusade”, he said.
Adikwaone also commended the Lagos Chief Judge, Hon. Justice Opeyemi Oke and all other Judges and Magistrates on the Lagos Bench, whom he said continue to do their best, despite the economic challenges they are facing as well.
He noted the efforts of the Chief Judge, geared towards ridding the Judiciary of corruption, reorganising and repositioning the Judiciary, and promised the support of members of the Branch, in her mission to bring change and advancement to the Judiciary.
He said events that followed the introduction of the Land Use Charge, should be a lesson to all, pointing out that “people will not oppose a good tax regime, but that with so much poverty, economic recession, loss of jobs and income among others, the people are likely to resist a government that is demanding more from its citizens, than what it is providing.
He therefore, urged the Legislature to stop playing politics with the lives of the people in the making of laws, and urged them to do what is right particularly in respect of the Land Use Charge.
The Guest Lecturer at the event, Professor Sheriffdeen Tella, called for stiffer punishment for corrupt officials, adding that this is one of the best ways the country can move out of recession to prosperity.
Speaking on “Moving Nigeria from Recession to Prosperity: The Trajectory of the Nigerian Laws”, Tella, a Professor of Economics and Lecturer at the Olabisi Onabanjo University (OOD), Ago Iwoye, Ogun State, said that although Section 98 of the Criminal Code prescribes seven years for corrupt officials, but that is not enough to serve as deterrent or commensurate with the toll corruption takes on the Nigerian economy.
According to him, in spite of the seven years imposed by the Criminal Code, the country has continued to witness many cases detract from public expectation, by reducing the penalty and imposing much lesser punishments to convicted corrupt persons, as well as the use of plea bargain.
Though he considered the death penalty for corrupt officials as it operates in China as too extreme, he pointed out that the Legislature must take responsibility by imposing stiffer punishments for corruption.
Professor Tella stressed the need for the country’s laws to be implemented to the letter with respect to curbing corruption, adding that corruption is a very serious offence, which has the power to cripple the economy.
He said that it would be a miracle for the country to move from economic recession to prosperity, because the way laws are operated cannot promote economic development.
He also noted that the way the National Assembly takes the issue of monetary and fiscal policies, which are the planks for development, with levity, is not helping matters.
“Delay in budget considerations and approval, has not been taken with the seriousness it requires, particularly in the last four years. Timely implementation of annual budgets has a positive link with economic development and promotion of an affluent society”, he added.
The Chairman and Chief Executive Officer (CEO) Red Bricks Homes Limited (Amen Estate), Ibeju Lekki,
Mr. Babatunde Gbadamosi, who was the main Discussant, adduced reasons to the nation’s economic recession to loss of confidence in the system, in the ability of the authorities to provide a sound fiscal policy, and the Judiciary to be fair, just, and independent.
Insisting that the country is not yet out of recession, Gbadamosi stated that the nation’s recession was self-inflicted, and that which could have been avoided in fiscal terms and management of the economy.
“For the last two years, there has been undue interference in monetary policy issues by Government, leading to a self induced recession.
He advised the authorities to clear abuses of monetary policies at the highest level, pointing out that “the authorities cannot explain why the Dollar has remained static in Nigeria, and while the Pound has been falling in other countries, it remains high in the country”.
Gbadamosi said the task before the Legislature in this recession, is to pass laws that will reduce the burden of the economy on the masses.
He queried why a Legislator should earn as much as N13.4 million every month, and earn huge wardrobe allowances, adding that these allowances do not reflect the realities of the present day economy of the country.
He described the public procurement law as vague, and stressed the need to carry out a comprehensive review of the law.
In his remarks, Chairman of the occasion, Dele Adesina, SAN, described Asiwaju Benson as a hero not only in Ikorodu, but also in Yorubaland and in the legal profession.
“Asiwaju Benson is a father and mentor in the profession, a true symbol of excellence in the legal profession. He is a relentless and uncompromised individual. This is why we chose to honour him while he is alive”, he said.
Asiwaju Benson, in his remarks, thanked members of the Ikorodu Branch of the NBA for honouring him.
He also thanked God for making him be part of the event.