
September 23, 2016
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- Law News, Nigeria News
An initiative to reform the country’s justice system has been launched by the Federal Government with the appointment of a 17 member committee. Members of the committee include former Chairman of the National Human Rights Commission Professor Chidi Odinkalu, Director General of the Nigerian Institute of Advanced Legal Studies (NIALS) Mr Deji Adekunle and 15 others.
At the committee’s inauguration, Attorney General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) defined its task as the review, harmonisation and integration of various on-going reform initiatives in the justice sector and production of a clearly articulated National Justice Sector Policy (NJSP). The committee has until October 14 to submit its report, which will then be presented at a national summit on the administration of justice and furtherance of the rule of law in November.
The AGF, who was represented by Solicitor General and Permanent Secretary in the Federal Ministry of Justice Taiwo Abidogun said, “The policy would clearly define Nigeria’s political philosophy with respect to justice delivery and also provide a common policy direction for justice sector stake holders across the country.” He defined their terms of reference to include setting out “a common vision of a fair, effective justice system that respects the rights of all without discrimination.”
Given all the problems that bedevil the nation’s justice administration architecture, the initiative of an elaborate reform programme as envisaged cannot be timelier. Not a few observers contend that the problems facing the Nigerian judiciary demand emergency solution, given the role of that arm of government in fostering an enduring democracy and good governance. Typical ills of the system include unacceptably long delays in administering justice, denial of justice to deserving parties in litigation, poor infrastructure of the justice delivery system, poor welfare provisions for judicial officers and the syndrome of untoward intervention from vested interests in the judicial process.
In the contemporary Nigerian society, justice is largely seen as the exclusive commodity of the rich and powerful, thanks to the complications associated with dealing with the courts of law. The criminal justice system which comprises the Nigeria Police, the courts and the prisons system are all in shambles, with lawlessness being the order of the day. A major consequence of that is the easy recourse of citizens to extra judicial means of settling disputes including assassinations and other acts of anomie.
Ordinarily the judiciary should serve as the last hope of the ordinary citizen who, if dissatisfied by the conduct of any agency or individual, should fall back on. But that expectation for most Nigerians is seen as a forlorn hope, as the message from the system to Nigerians is one of everyone for himself. The cumulative impact of these factors is the presently depressed circumstance of the justice system. The reform initiative is therefore a welcome development, especially given the stated objective which is the promotion of the rule of law which is tantamount to restricting the arbitrary exercise of power by subordinating all power to well-defined and established laws.
It is significant that the challenges facing the judiciary span both public perception of its processes as well as systemic weaknesses that cumulatively deny it an optimal operational status. This condition imposes on the reform committee the onus of availing the country a repackaged justice sector policy that will restore the confidence of the ordinary Nigerian in the country’s judiciary.
The expectations of Nigerians from the judiciary include a system whereby anybody, no matter how highly or lowly placed in society, faces uniform conditions before the law. Nigerians also expect to see a judiciary where the administration of justice will eliminate indiscriminate extra judicial killings by the police, as well as the syndrome of interminable stay of otherwise innocent citizens in awaiting trial cells for periods beyond the terms of imprisonment they would have served if eventually convicted. Given the calibre of members of the committee, Nigerians expect no less from them.
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