Lawyers who file frivolous cases should lose their continuing professional development (CPD) points, Lagos Branch Chairman of the Nigerian Bar Association (NBA), Olabisi Makanjuola, has recommended.
He said legal practitioners who attack and denigrate the judiciary over unfavourable decisions should also be sanctioned.
The NBA Branch chairman called for a filtering system to reduce the number of cases filed in court or that end up on appeal.
This, he said, is a way to decongest the courts, reduce delays, and lessen the workload of judges and justices.
Speaking during a briefing on the branch’s dinner to be held on Friday at the Queens Park Event Centre in Victoria Island, Lagos, Makanjuola said not all cases filed in court qualify for adjudication.
He said, “There needs to be a filter on the types of cases that get into our court system. In Nigeria today, there is an automatic right of access to court.
“I can go to court to file a suit against you asking for a declaration that you’re a woman even though I know you’re a man, or that you’re a woman when I know you’re a man, and the court will accept such processes.
“So, until there is a filter where litigants no longer have an automatic right to access the court and until lawyers begin to lose CPD points for filing bad cases, the problem will persist.
“When these are done, only cases that have merit will end up in court, and only cases whose appeals have merit will be filed at the appellate courts. Those are ways we can bring sanity to the system.
“There has been a lot of debate on amending the constitution to limit what goes to court or on appeal, but until we put our mouth where our money is, these issues will not stop, and the issue of workload and delays will persist.
“Appointing more judges will not solve the problem because the challenges of lack of infrastructure, facilities, and inadequate remuneration are yet to be addressed, so why put more judges in harm’s way?”
Makanjuola urged the NBA to go tough on lawyers who attack and denigrate the judiciary when they lose cases.
He said, “We as lawyers must protect the sanctity and integrity of the legal system.
“Cases are won and lost based on arguments put forward in court.
“Judges are as good as the arguments that lawyers have canvassed. So I think it’s wrong to criticise court judgments in the media.
“We have the appellate system, so matters can go all the way to the Supreme Court. A situation where senior lawyers or colleagues castigate the court over decisions should be discouraged.
“The NBA has a role to play. When lawyers disrespect the judiciary, the association should be able to clamp down on such lawyers.
“So, the NBA at the national level should go hard on lawyers who bring the judiciary to disrepute, and the branches will follow suit.
“Where we find any of our members culpable, we’ll take the right measures to discipline such members.”
The branch chairman said the theme of the dinner is “Creating a favorable environment for business and investment in Nigeria through legal policies and reforms.”
The keynote speaker is the Managing Director/Chief Executive Officer of Polaris Bank, Adekunle Sonola.
On why the theme was chosen, Makanjuola said, “Legal policies and reforms are key to economic development.
“So, we decided to bring the Managing Director of one of our finest banks in Nigeria to share experience with us on how businesses can stay afloat in a challenging economy.”
Popular comedian Kiki will be the compere, while the dinner will feature a special guest artist.
Makanjuola said the dinner, which will be free to members, is fully sponsored through funds raised by the planning committee headed by Mr. Adeleke Alex-Adedipe.
He said the dinner was made free for the first time in fulfilment of one of his campaign promises.
“The annual law dinner is rooted in the finest traditions of the legal profession. It is expected to bring together legal practitioners, judges, and industry helmsmen to network, celebrate, and enjoy some fine dining.
“Lawyers work a lot, and they deserve to play and rest after a good year of working hard. This year’s dinner will be free for all our members. However, interested members are required to have registered via the portal of the branch.
“The requirement to attend this dinner is that you must have paid your branch dues as of March 31. For colleagues who have not paid branch dues, we’re so sorry; you will not be able to attend.”
He said non-members can attend by paying a token of N20,000.
The Nation
By: NBA’s Lagos Branch Chairman, Olabisi Makanjuola
Source: @Theloyalnigerialawyer
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