Law News
Ajumogobia, others canvass speedy civil justice delivery

AjumogobiaFORMER minister of Petroleum and a governorship aspirant under the platform of the People Democratic Party (PDP) in Rivers State, Odein Ajumogobia SAN has charged legal practitioners and judges to help create an accessible and efficient civil justice system.

The learned senior advocate explained that it would depend much more on lawyers at the bar than their colleagues on the bench who have shed their partisanship and can only decide the cases and controversies place before them for the system to be efficient.

Ajumogobia’s position is contained in a lecture, which he delivered, weekend at the SPA Ajibade 7th Annual Business Luncheon titled: “The future o Legal Practice in Nigeria – Eliminating delays in Civil Justice Delivery.

Presenting his 15 paged paper; Ajumogobia noted that delays are destroying civil justice and added that its high time lawyers embraced change.

He listed some of the issues which hamper free flow of justice delivery as preliminary objections, frivolous arguments and false affidavits, unnecessary adjournments, amendments, right of appeal service of court processes as well as cost and or access to justice.

He explained that absence of technology applications in the existing system is clearly one of the continuing and systematic contributors to delay.

Ajumogobia said: “The absence of technology applications in the existing system is clearly one of the continuing and systematic contributors to delay in civil justice that rules of court cannot cure. I mention the issue of electricity because without it the wave of fundamental change driven by technology that we must embrace cannot properly take root.”

Earlier, the convener of the event and the principal partner of ASP Ajibade and Company, Dr. Ajibade SAN said the event is his chambers way of contributing to the profession that has given so much to them.

“We are very passionate about legal profession. It is a business for some. Others a profession, but for us a passion”, he stated.

A Justice of the Supreme Court, Justice Kudirat Kekere-Ekun, chaired the event. In her contribution to the topic, the honourable justice said it’s saddening that in spite of all the interventions by Lagos State judiciary, through the introduction of frontloading and pre-trial conference, trials still linger.

She said: “With the frontloading and pre-trial conference introduced by the Lagos Civil Procedure Rules which I was part of, alas, the issue has not abated due to challenges which necessitated reviews in the Lagos Civil Procedure Rules 2012”.

She stated that the delays can only be eliminated when lawyers change their mindset. “I am of the firm belief that the Bar should change its mindset. It is unethical for a client to file a case in court when he has a bad case. I believe that there should be a Constitution amendment to limit the jurisdiction of the Supreme Court. Some cases should terminate at the Court of Appeal”, she suggested.

For Dr. Ademola Akinrele, SAN, judges have a role in the issue of delay. According to him, the requirements for the appointment of senior advocates give rise for continuous appeal. “There is no reason about 8 judgments of the High Court should not be enough”, he declared, adding that unless High Court is made the highest court in respect of arbitration, matters would always linger up to the Supreme Court.

Sharing similar view, a senior lecturer at the Nigerian Law School, Mr. Nelson Ogbuanya said unless the issue is addressed urgently, it would come to a time when lawyers would be paying clients to take their cases to the Supreme Court. He maintained that the requirement of certain number of cases before consideration for the award of senior advocate is contributory to the delay in civil justice delivery, as lawyers want to drag cases to Supreme Court in order to be eligible for the award.

Other speakers in the event include, Mrs. Olabisi Soyebo SAN who stated that judges must be proactive in case management, justice Candide-Johnson who represented the Chief Judge of Lagos State. Others are Hairat Balogun, a life bencher, Mr. Zik Obi 11 and Justice O.A Williams.

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