Stakeholders in the judicial sector, including judges, magistrates and lawyers last week gathered to deliberate on ways of making justice accessible to the common man during the first annual law week of the Nigerian Bar Association, Epe branch, Lagos State. YEJIDE GBENGA-OGUNDARE reports that the gathering, in addition to the deliberation, honoured a retired justice of the Supreme Court, Justice George Adesola Oguntade (retd).
Stakeholders in the judicial sector have over time stated that access to justice is the greatest problem of the Nigerian Criminal Justice system. And this was reinforced recently at a forum where eminent men of the gown and wig profession and those from various hierarchy of the bench came together to contemplate means of ensuring the judiciary tries all inmates within reasonable time.
They also reiterated the importance of the bench educating litigants of their right to appeal and giving fair and unbiased judgment without fear or favour thus making the judiciary the hope of the common man indeed.
The programme which was part of activities lined up for the annual law week of the Epe branch of the bar association also honoured a retired judge who all that were present at the programme described as an incorruptible judge; Justice G.A. Oguntade.
Speaking at the programme, justice Oguntade stated that access to justice is about finding enough support to represent the poor people especially in criminal cases, adding that it is a noble purpose that is dressed in rags.
“I submit this is a noble purpose but it is dressed in beggar’s rags’ like Mount Everest, the need must be satisfied because it is there and so goes the argument, anything which satisfies is preferable to that which does not,” he said.
He however gave a separate concurring opinion; “necessity doesn’t make for legal rights, nor justice but principles do. Moreover, if we are to support a system whereby justice may be accessed, that support must be derived in a just way as well. Access to justice is no more a welfare programme than maintaining a court system is a welfare programme.
“Maintenance of a civil court system is so close to the core purpose of government that it justifies governance even when all other justifications fail,” Justice Oguntade explained.
He further suggested that the availability of legal representation is not itself the driving principle which serves as its own justification, adding that rather, it is simply an application of a more basic principle that is called access to justice.
“I would define this to mean the legal right of every individual to have his or her grievance determined on the merits by an independent judiciary. But if we are to be principled in defense of this principle, we must identify and confront barriers to access beyond those represented by power or indigenes. After all, what good is even a retained attorney by your side if the doors of the court houses are locked against you?
“Unfortunately, the access to justice principle which has embraced those individuals fighting imprisonment in the criminal courts lag far behind others who are fighting to protect their homes, their bank accounts and their possessions acquired throughout a lifetime of honest toil,” the retired judge said.
Justice Oguntade concluded that, “if we are truly to access justice, we must facilitate that access in a just way. We must recognize that the civil justice system is a core function of government which is not only available to all but the responsibility of all to maintain.
“Let us defend access to justice in the manner this great principle should become accustomed. Let us promote it fairly and consistently across the board, recognizing that its origin is not the welfare state but rather the state of affair which exists when the government fulfills its basic purpose,” the retired judge said.
Also speaking, the chairman of the Epe branch of NBA, Prince A.S Abimbola said the challenge of access to justice is enormous and daunting. “There is no disputing the fact that access to justice is the greatest problem of our Nigerian criminal justice system in this country.
“All too often, individuals who aren’t suspected of committing any crime are incarcerated in Nigerian prisons along with those suspected or convicted of crimes. Prison inmates in Nigeria are systematically denied a range of human rights.
“Stakeholders throughout the Nigerian criminal justice system are culpable for maintaining this situation. The judiciary fails to ensure that all inmates are tried within reasonable time; indeed most inmates wait years for a trial.
“You will agree with me that we need remand centres as against remand in prisons pending trials,” Abimbola concluded.
As part of the week long activity, the NBA visited the prisons to foster collaboration on inmates’ welfare and find solutions to challenges faced by officials and inmates at the Ikoyi Prison in Lagos.
The association’s Vice chairman and chairman of the Human Rights Committee, said the visit was to familiarise the association with problems confronting the prison system and what they discovered would shape its recommendation to Lagos State Governor, Akinwunmi Ambode while he and the committee’s vice chairperson, Funmi Adeogun, offered the association’s legal assistance for indigent awaiting trial inmates.
They promised to seek government support for the funding of inmates’ education through full scholarships and enrollment in West African Senior School Certificate (WASSCE), Universities and Tertiary institutions Matriculation Exam (UTME) among others.
The five-man delegation also made donations of antiseptic soaps, washing liquids and toiletries to the Ikoyi Prison.
The Assistant Controller-General of Ikoyi Prison, Akeem Saliu, during the visit bemoaned the problems of electricity, funding to purchase drugs, transportation and over population of awaiting trial inmates among others, adding that some of the inmates sometimes went without a bath when there was no electricity to pump water, particularly because there was inadequate fund to fuel the generator.
Saliu noted that the prison population consisted of 478 convicts and 2076 awaiting trial inmates sharing facilities meant for less than 1,000 persons and that “more might still be sent here before the end of the day.”
Justice Oguntade’s media consultant, Ranti Thomas of Topayo media consults, who accompanied the delegation, said the jurist had paid his dues in service to the nation and that holding the Law Week in his honour was a worthy act.
Other speakers at the Law Week which included Justice Muftau Olokooba and Wale Babalakin (SAN) represented by Mr Oyetola Oshobi examined issues like legalising professional surety in Nigeria, Legality or otherwise of remand in prison pending perfection of bail or trial, Appraising the Land grabbers Law of Lagos State and the use of NBA stamp or seal.
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