2021: Stakeholders examine outlook for Kwara judiciary
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Last year, the Kwara State justice sector just like its counterparts in other states across the country was plagued with the issue of Corona Virus that adversely affected court proceedings and the conduct of court businesses across the state including the members of the bar. In this report, ACTING EDITOR, MUMINI ABDULKAREEM writes on stakeholders expectation for the sector.
Last year, the Kwara State judiciary and legal practitioners found themselves swimming in the acidic ocean of the global pandemic that shattered many judicial activities and left many law firms in tatters. Towards this ends, many lawyers and other judicial workers have diversified their practices by engaging themselves in other streams of income in order not to be grinded out of business.
While the business of law managed to move on within the bar and bench last year albeit making the slow wheel of justice to be grinding even slower, there are already concerns this year on what will be the fate of the sector in the state following the emergence of the second wave of the pandemic with its impending lockdown.
But how did the judicial sector in the state make the most out of a very troubling period last year? For stakeholders in the sector, the outlook for the year as far as the Kwara State judicial sector is concerned can only be enhanced when the bar, bench and government synergise to form a tripod that will put the welfare of common men and those who have been wrong at the top of the justice pyramid in an environment that is conducive for the everybody in terms of provision of infrastructure, welfare and delivering of justice.
Speaking on the issue, the former chairman of the NBA, Ilorin Branch, Barrister Mohammed Akande said the judiciary is part of the society and those who expect it to be different should have a rethink.
According to him, not much was achieved because of the pandemic situation last year adding that most court functioned at 50 percent capacity. The former NBA boss who said it was gratifying to be able to have about three landmark judgments during the period including the celebrated Commissioner of Police against Josiah Eli Wakuku, a clergy who was convicted for going into rituals and exhuming corpses from the Muslim cemetery adding that the country also recorded landmark judgment in Imo and Bayelsa State.
“The major challenge for the judiciary last and previous years is that it is getting more difficult now for petitioners to get judgments in election petition cases in their favour and I think the problem is more of the law than the judiciary as the days for the conduct and conclusion of our electoral cases is too small considering the evidential burden placed on the individuals. Though it was a year full of turbulence and we are all survivors.
He said the Judiciary in Kwara State need to consolidate on the challenges of the last year and forge ahead.
“For me, the renovation and building of new court rooms are long overdue. No doubt we have ultra modern court complex, but it will be an age long achievement if the present administration can complete such projects. Our major problems for both the bar and bench is the insufficient lack of modern court rooms because that is the only way we can move forward. The world at large is now a virtual community but when there is no habitable courtrooms, how do we go virtual in line with global trend with internet, screens, projector and other things which are secondary in this instance because it is building that will accommodate them.
“Secondly, the Kwara State judicial sector needs reforms and there is the need to put a committee to see to this. Although the state is doing well when you look at the number of judgments that is coming out from here among the host of other states, but we still needs to do more projects and mirror into the future to produce a world-class master plan that will significantly impact into the justice delivery system in the state. When we review the present system, we can be able to remove some shortcomings or encumbrance that is affecting our progressive will to move forward. But we all know that these structure and equipments are manned by human and they need to be well remunerated. The state is trying but there is need to review and put together a better warfare packages particularly for judges of the lower bench like magistrates and area court judges. Although it is also affecting us in the ministry because the number of judges and counsel is overwhelming, but the work load is very high and I will urge the government to still do more. So these are the issue”, Akande noted.
For his part, a constitutional lawyer in the state, Barrister Sulyman Abaya who regretted the effect of the pandemic last year which paralyzed the judiciary and made it non proactive, he said he expects that the judiciary is going to live up to its billing as an indispensable institution in the state and county at large.
“Foremost, the Kwara State judiciary should not give in to judicial pardon from any quarter by favouring a side that is seen as untouchable. In fact that hammer of justice should fall upon whoever that is actually guilty to repose confidence in the system which has seriously dwindled recently. The bar and judiciary are members of the same legal profession and there is the need to help ourselves by sounding such alert which will give the latter the pro-activeness and independence it deserved for the two stakeholders in the dispensation of justice to be seen as performing the traditional role that had been eroded overtime by issues that have engulfed the state and country on issue of endemic financial, economic and security issues.
“I will expect the judiciary in Kwara State to be proactive and pursue an egalitarian administration of justice which is to say the judges should be intimidate by an power or forces but dispense justice according to law without any fear or favour from any person, quarters or institution no matter how highly placed.
“I also expect them to give judgment that will advance the administration of justice in the country and landmark exposition of the law by taking after Lord Denim who saw law not as it is on the status book but for the advancement of the good of the society. There is need for judicial activism and not passivism although we have seen many that have gone above board in this regard. The Kwara State judiciary should also delve into the arena of protective security and be able to protect the liberty of all men. They should rise up to give judgment that is going to level down so to say on the escalating security problems in the state and country and be very responsive in upholding the constitutional separation of powers”, he submitted.
According to him, the role of the bar in all of these is same that other great leaders of the bar have played in upholding liberty and constitutionalism by being defenders of hopes and aspirations of all Kwarans. We must agree that both the outer and inner bar have been unusually compromised by the authorities surrounding the sector and the bar should extricate itself and continue to maintain an independent mouthpiece of the law. This is because there is no greater one anywhere to speak for the downtrodden. Kwara State is a society of men that has been degraded by political, financial and interpersonal abuse and the bar, not only the NBA but individually to stand up and fight these menace by approaching the courts to challenge legislations and government against unpopular laws and policies so that the government of the day will sit up and key into the demands of ordinary Kwarans. The Kwara State bar should also join its counterparts outside the state to fight the problems that have bedeviled the country at this contemporary time rather than seek undue favour from the judiciary for whatever reason. It should rather appreciate the purport of the law and engage in innovative research to win cases and espouse uncharted ground. Lawyers should also try to do more pro bono cases to seek redress for injustices rampant in the public and private sectors knowing that the situation in the state has degraded common men. We should speak up and chart a new way by bringing public interest litigation to courts to serve as awareness of the prevalent wrongs in the society and pass message to the powers that be of the areas that needs amendment and solutions. The bar should rise up not only in rhetoric but in challenging those common criminals by the power of advocacy and litigation. The bar should not meddle into the politics of the time but concerned itself with the law and justice.
“If all these are done, the judicial sector of Kwara State will be writing another history in the annals of the world which is presently fatigued with a lot of issues that must be unbundled”, Abaya noted.
Also reacting to the issue, the Ilorin NBA chairman, AbulGaniy Bello said although the Covid-19 had devastating effect on the sector, the judges tried their best in circumstance.
“But I want the Kwara State judiciary explore multi door Court House like the one they have in Lagos so that we can explore the possibility of alternative dispute resolution. I want this area to be looked into. There has been no delay in the assignment of cases. We at the bar though have been working not to hinder the administration of justice, this year, I believe more will be done”, he added.
On the issue of deployment of technology for the sector to hold Legal Year and other programmes in the sector, Bello said “I wouldn’t subscribe to zoom proceeding because it can be manipulated. Until we have our technology fully equipped, we are yet to reach that stage, we should not rush things but must put all our technologies in place first.