THIS IS REFLECTIONS, A WEEKLY ROUNDUP OF LEGAL & TECH EVENTS GLOBALLY | Jan 24th – Jan 28th, 2022
Our weekly roundup of events in the legal and technology sector, covers various topics and interesting learning points for today’s professionals. If you couldn’t make an event, don’t worry, we probably made it and have all the juicy scoop for your reading pleasure and learning.
NBA JUSTICE SECTOR SUMMIT 2022
The NBA president Olumide Akpata gave an opening address, he noted that Justice should be dispensed properly without bias from the judiciary. The challenges facing the Judiciary are not impossible to overcome, he noted that the reform in the Indian judicial system is noteworthy and should be emulated by the Nigerian judiciary, the speaker noted that something dramatic has to be done in order to see the kind of reform seen in the Indian sector.
Hon. Justice Inyang Okoro represented the CJN, his lordship noted that the judiciary is an institution that should be seen and heard in their actions. His lordship noted that there should be tangible progress which can be sighted by all Nigerians, these should include areas like judges’ performances, evaluation and monitoring.
His lordship noted that things such as inadequate knowledge of case management and lack of facilities are affecting the judiciary, His lordship talked about the welfare of judicial officers noting that the judiciary receive less than one percent of the nation’s budget and this in turn leads to lack of good salary and welfare.
KEYNOTE ADDRESS: HONOURABLE JUSTICE. AMINA AUGIE JSC.
His lordship noted that enemies can be our best critics and best friends when it comes to self-improvement and that there are critics who are always ready to draw and throw all the faults in the judiciary at judges.
His lordship noted that criticism that will be done would not be comfortable for judges and other people involved in the summit, but judges should realize that sooner or later they will have to face the music and the time is come to unearth rots in the system and therefore everything should be addressed.
Plenary session: Devising practical solutions towards improved performance, enhanced accountability and independence in the justice sector.
First speaker
The speaker noted that one of the reforms the legislature is looking at is a proposal for constitutional amendment and the increase of the retirement age for judges from 70 to 75 years.
On the issue of finance the speaker noted that the laws for financing the judiciary holders is tied to politicians and this causes issue whereby when anybody wants to advocate for the increment in the pay of the judiciary people automatically things that it is the politicians that actually want to increase their own pay.
The speaker also noted that the intimidation of judicial officers as to stop he noted that they are sometimes wear by a judicial officer would want to perform his or her duties in the court but some agencies would prevent such from happening.
Abubakar Malami SAN. The Learned silk spoke on the roles of the attorney general’s office in strengthening the judicial process in the country, he said that one of the major issues should be the examination of the existing bottlenecks that are hampering the autonomy of the judiciary such as the process of selecting a judicial officer he noted that this process should be made cleaner and more transparent.
The President of the NBA Olumide Akpata
On what can be done to enhance the speed of Justice, noted that the NBA is resolved to deal with the issue heads on, he noted that for instance, the process of settling potential judges in the court of appeal was not too efficient, he also noted that funding of the judiciary has a bearing on the efficiency of the system and that the judiciary has to be autonomous in its funding.
The vice-president Prof. Yemi Osibanjo SAN made a comparison between Nigeria and foreign countries like the United Kingdom, he said the appointment of judges should involve critical evaluation of candidates.
The vice president noted that “In the United Kingdom from where we derive most of the structures of our judicature, applicants to judicial office in superior courts go through several screening processes. At some point, it was 17 stages, including written examinations, interviews and role-play exercises,”.
“They are subjected to rigorous background investigations covering professional credentials and abilities, public records, judicial pronouncements, personal financial affairs, evaluation by the bar association on integrity, professional competence and judicial temperament.
“And in the US, supreme court appointments involve rigorous public screening by the senate, which sifts through the entire public, and sometimes private lives of candidates.
“That is the nature of the rigor that anyone who should hold the power of life and death, and power over other people’s livelihoods, should go through.
“It shouldn’t be a ‘take a bow’ situation at all. It must be rigorous because the moment the person is appointed into a high office of that sort, they are unleashed as it were on the rest of us.
“The robustness and transparency of the processes in these jurisdictions provide comfort to the candidates of the fairness of the selection process and enables the public to have front-row seat in some of these processes.”
On the remuneration of judicial officers, the vice president noted that the conditions under which they operate should be good enough to attract the best of minds, he said and that judges shouldn’t earn less than a federal legislator, he also noted that there is no basis for it whatsoever. The vice president noted that we should in fact benchmark without necessarily creating fresh legislation because the legislature doesn’t have any legislation about their own salaries.
TOPIC: COPYRIGHT LAW IN THE MUSIC BUSINESS
DATE: 25TH JANUARY,2022
DURATION: 1PM-2PM
The speakers spoke of Copyright in Music and the general introduction of Copyright and how it’s related to MusicToday, music is very Important to us and it’s unimaginable. At the sound of every song, everybody gets ready to dance.The speakers in this webinar discussed the importance of Copyright in the music Industry. To Music listeners, a song is just a song. However, Commercialization of Songs goes beyond that. Copyright is classified into the Composition aspect which comprises of the lyrics and on the other hand the Sound recording aspect which comprises of the audio recording.
Sound recording should not be confused with Musical words, they are two different things. Most music videos are associated and classified as Cinematography and this is where the executive Producer makes the arrangement.
How business operates in copyright in music different is an entirely wide concept Music goes beyond an artist coming on stage to just perform and sing. The performance is entirely a business.
In the business of Music, there’s the aspect of Talent Management, Production, Distribution, Finances, expectations, the release, and the audio visual production is all encompassing. One fact to know is that Most record deals do not require the record company to make the record, much less the record. I
t is also not compulsory to have it registered in Nigeria. Although there’s the Notification registration process by the Nigerian Copyright Commission on Nigeria. Rights in music can be classified into the Moral Rights and the Economic Rights. If a person writes the lyrics and another writes the music. Each person has a right to the Song but neither of them can use the lyrics or the music without paying the other.
These rights are embedded in Music Copyright Research carried out shows that the music industry is worth billions of dollars. As at 2018, just in Nigeria the revenue for the musical industry ran into the sum of N19.1 billion dollars. Unlike before where video tapes, CDs were prominent, we have now evolved in the use of streaming digital platforms listening to music such as Spotify, Amazon, Apple music etc
There’s been a radical shift in the industry. In practice, streaming brings a wide range of consumers and today we see that Music industry is changing and constantly evolving. Before one could enter into a record store and purchase albums and when this happens the music owner and the Artist while also the Record label gets a percentage because more albums are being purchased but today with the radical shift with streaming, a person can only stream at once, so when this happens more money goes to the Artist. The question that arises is what happens to the Record label in this regard? Despite the complexity it is possible to get a common ground and understanding among the parties by using a revenue sharing system.
It is important to think of yourself as a Business rather than just an Artist.
Copyright is first owned by the author of the work as the creator of the work either the writer or singer owns the work.
How does collaboration work in the music industry? The Most important element in determining whether the song is a joint work is the intention of the parties. The laws related to joint work and collaboration should apply. There must be mutual contribution and intention to have a joint ownership.
As regards Royalty, the owner of a song gets a percentage of the use of the song when played, performed, streamed etc. Royalties are derived from copyrights which is a form of intellectual property of an Artist. Songwriters sign with publishers and in return the publishers take ownership of the copyright in order to get licensed the Composition and collection of royalties.
SUMMARY
Music created today is protected by certain Copyright laws. It is protected for the lifetime of the Artist. Music Royalties are generated by the types of license and usage of the Songs. Copyright owners have the right to publish, reproduce, publicly perform, right to make an adaptation, right to make a cinematography or recording respect of the work and also distribute for the purpose of commercialization by way of rental, lease, hire, loan etc. In order to legally sample another artist’s work permission needs to be obtained from the copyright owners including the sound recording and musical works by entering into a licensing agreement with each owner. The licensee may however choose to use a new sound record which would only require the licensee to obtain permission from the publisher and not the record label who owns the sound recording. Once the appropriate licensor contracts are determined, then the licensee should request for a ‘sampling’ license.
ATTENDANCE:
Toyin Asada, Partner at Sunesis Legal
Tolu (Daniels) Olaloye, Senior Associate at Jackson Etti & Edu
Busolà Bakinson, Senior Associate Olawuni Ajayi LP
Rita Anwiri Chindah ACIARB, AIDR, Lead Consultant, Pardoo Prime Consulting
JOINT VENTURE AND OTHER STRUCTURES IN REAL ESTATE FINANCING
Speaker 1 Wole Famojuro
The speaker noted that this is required to be well detailed in the JVA agreement executed between or among the various parties. The speaker also talked about Tripartite JVA, he noted that this might involve a lender e.g banks Returns and timeline for payment which should be expressly stated.
On payment of promote, the speaker noted that In a Joint Venture where a sponsor assembles the finance for a real estate transaction, there are two groups apart from the lender with vested- the Sponsor and the Investor, he noted that once the bank or non-bank lender has been paid their ROI, these two groups share the profits.
The speaker noted that the sponsor receives what is known as ‘Promote or Carried Interest, he said that one thing investors should remain alert to in the IV is a double promote, sponsor is running a fund while investing simultaneously outside the fund.
The speaker mentioned that Claw back clauses are very common in JVAS, and that it became popular following the global financial crisis (GFC) of 2008, especially for financial institutions then to prevent future faults with their customers and employees.
He said that a claw back clause is a special contractual clause, used mostly in financial firms, for money paid for services to be returned under special circumstances or events as stated in the contract Claw back involve a penalty, making them different from simple repayments or refunds.
The speaker noted that generally, decision making is most commonly taken on a simple majority basis. However, parties in a JVA could also agree that certain decision should or must be taken on a unanimous basis though these decisions could increase the likelihood of deadlock and may delay the day to day running of the JV’s operations. For instance, parties could decide to delegate the execution of the business plan to a management team.
Speaker 2 Victor Samuel
The speaker talked about the Nigerian Real Estate Market and noted that the prospect for profit in the country’s real market is promising. According to a Report by Agusto & Co, in 2020 alone, the GDP contribution of the Nigerian real estate industry was #3.96 trillion.
The speaker noted that commercial real estate development is capital intensive and requires huge financial commitment. The required financial commitment is usually characterized with difficulties that necessitate the need for innovative sources of real estate finance.
On real estate financing overview, he noted that Equity capital (self-financed property development), Loan Capital, Commercial banks and Mortgage banks, Joint Venture partnerships for real estate developments and other non-traditional sources of financing.
On Why anyone should Consider a JV Arrangement, he noted that the reasons include: Access to resources (such as land and technical expertise), Shared risks, Flexibility, New market penetration, Funding, prevention of sub-quality output which could result from a single party undertaking large scale real estate projects.
On the Chronology of JV Arrangements and Key Documents, he said these includes, Identification of potential JV partner Due diligence on JV partner, Non-disclosure and non-circumvention agreement, Term Sheet (Heads of Terms), Incorporation of JV Company SPV (if applicable) Joint Venture Agreement/Shareholders Agreement, Memorandum and Articles of Association (if applicable), Equity contributions/debt funding/financial close, Project execution Distribution of revenue.
On Key Issues to Consider When Drafting a JV Agreement, he mentioned, Definition of objectives, Contributions of the parties (cash equity, technical expertise, land, shareholders loans, etc), Capital calls and failure to fund, Profit and loss sharing, Preferred Equity, Sponsor Promote (hurdles, etc.).
THE JUSTICE SECTOR SUMMIT 2022
Organized by: The Nigerian Bar Association and The Justice Research Institute.
In collaboration with the Konrad Adenauer Foundation, the United Nations Office on Drugs and Crime and the Justice Reform Project.
Date: 25th January, 2022
INTRODUCTION
The theme for the maiden edition is “Devising Practical Solutions towards Improved Performance, Enhanced Accountability and Independence in the Justice Sector.” An effective justice sector is critical to the development of any society or economy. This is because the effectiveness of the justice sector affects businesses and modulates interactions between government, individuals, organizations and the society at large. Realizing that the justice sector is presently facing significant challenges, the summit was organized to identify practical and implementable solutions to the problems militating against the effectiveness and efficiency of the sector.
The summit focused on three broad and interrelated issues identified as critical to achieving the stated objective and these are:
- The process for making judicial appointments and promotions;
- The administration, budgeting for, funding and welfare of the judiciary;
- The causes of delay in justice delivery.
It is expected that the summit will proffer practical and actionable solutions that will be implemented by all stakeholders, leading to significant and tangible improvements in the efficiency of the justice sector.
WELCOME ADDRESS BY MR. OLUMIDE A. AKPATA
The summit began with a welcome address by the Chairman of the Nigerian Bar Association (NBA) Mr. Olumide Akpata wherein he stated the objectives if the summit and expressed optimism that the challenges facing the Justice industry are solvable since they are man-made. They can therefore be solved.
He used the justice system reforms in India as an example of the possibilities of success in our own reform efforts in Nigeria. He highlighted that the need for reforms is really not about pointing fingers but about making the needed effort to provide adequate and efficient legal services.
He stated that the reforms we must commit to include statutory reforms among others. Mr. Akpata condemned the Bar and Bench divides and expressed hope that the summit will be the beginning to an end of the divide.
He concluded by quoting Mahatma Gandhi thus “It’s the action, not the fruit of the action, that’s important. You have to do the right thing. It may not be in your power, may not be in your time, that there’ll be any fruit. But that doesn’t mean you stop doing the right thing. You may never know what results come from your action. But if you do nothing, there will be no result.”
WELCOME ADDRESS BY HONORABLE CHIEF JUSTICE OF NIGERIA AND CHAIRMAN OF THE OCCASSION
The address by the Honorable Chief Justice of the Federation Hon. Justice Ibrahim Tanko Muhammad, CFR ably represented by Honorable Justice Inyang Okoro JSC highlighted the challenges and problems being experienced in the justice system. He stated that this forum should be used to discuss judges’ performance.
He stated that from 2017 – 2020, the disposal rate of cases in the Federal High Court was only 14 percent; the disposal rate in the State High Court within the same period was 11 percent. In the Federal High Courts between 2017 -2020 the disposal rate for criminal cases was 16 percent while in the State High Courts there was only a 10 percent disposal rate.
He stated some of the factors responsible for this as inadequate knowledge, infrastructure challenges and lack of synergy between the relevant parties in the justice delivery system.
He highlighted some of the efforts being made by the Judiciary to address the challenges in the system which included strides to upgrade and fit the Courts with the latest technology, a Court monitoring system which has been put in place, the NCMS which is already in use in Borno State and Oyo State among others.
He mentioned the inadequate funding of the justice sector as a major challenge which can impede the proposed reforms in the justice sector.
He concluded by stating that the scope to be covered in these reforms is very wide and attention must be placed to every aspect of the reforms. He stated his belief that the Judiciary continues to play a pivotal role in the delivery of justice in Nigeria. Each aspect of the justice delivery system should work together to achieve the desired result.
ADDRESS OF KEYNOTE SPEAKER- HONORABLE JUSTICE AMINA ADAMU AUGIE, JCN, CON
Hon. Justice Augie JSC expressed her gratitude to the organizers of the event and stated that the summit was actually overdue. She stated that the topics to be discussed are not only good for the advancement of the legal industry but also for the advancement of the justice delivery system.
She stated that at every level of each of our lives, we have encountered contenders who do not see anything good in us. When one is younger one tends to take such contenders on and challenge them but as you grow older, you realize that they are actually helping you to become a better person. There is a need to face the music of criticism and address the issues now.
She concluded by noting that this summit is an opportunity to come up with something and do something to actually make the changes needed in the justice system. We cannot pass the buck to our children but must rise up to this occasion of effecting a change in our justice delivery system. All the stakeholders in the industry must come up with the solutions today.
OPENING PLENARY: DIVISING PRACTICAL SOLUTIONS TOWARDS IMPROVED PERFORMANCE, ENHANCED ACCOUNTABLITY AND INDEPENDENCE IN THE JUSTICE SECTOR
Speakers:
Dr. Olisa Agbakoba, SAN – Moderator
Senator Ahmed Ibrahim Lawan, PHD, CON
Mr. Abubakar Malami, SAN
Hon. Justice Amina Adamu Augie, JCN, CON
Hon. Femi Gbajabiamila
Olumide Akpata
Hon. Femi Gbajabiamila represented by the Chairperson of the House Committee on Justice, stated the commitment of the National Assembly, particularly the House of Representatives to the judicial reforms which have found expression in several Bills placed before the House of Assembly.
One of such Bills is pushing for the retirement age of judicial officers to be enlarged from 70 years of age to 75 years. This Bill has been through 2 readings already. Another area where the House of Assembly is pushing for changes is in the remuneration of judicial officers, they are seeking to create a situation where the legislation for the emoluments of judicial officers is separated from that of political office holders. The House is also interested in pushing for improvement in the infrastructure of all Courts all over the Nation.
Hon. Justice Amina Adamu Augie, when asked what the Supreme Court is doing about improving the process of appointment of judicial officers, stated that the job of the Supreme Court is to make recommendations which is then passed on to the National Judicial Council who is the one responsible for appointment of judicial officers.
Dr. Olisa Agbakoba, SAN noted that he is of the opinion that the Rules are not being followed in the appointment of judicial officers.
Mr. Abubakar Malami, SAN, on what role the Attorney General can play in judicial reforms, stated that in terms of reforms, the major issue for consideration should be the examination of the existing bottle necks hampering the administration of justice.
For example, he stated that in the appointment of justices, regardless of the competency of a Senior Advocate of Nigeria who has a desire to be appointed to the superior Courts, the guidelines for appointments make it practically impossible to get such appointments. He also stated the need for a process of scrutiny of the character of persons desiring appointments to the judiciary.
On the issue of funding, he stated that we must imbibe the spirit of transparency and accountability which is only possible if the books are open. He opined that the financial books of all arms of Government should be open for scrutiny.
On the issue of justice sector administration, the noted that the Executive arm of Government has made an effort to ensure that there is innovation and that growth is achieved in the judicial sector.
He noted that steps such as the promulgation of the Administration of Criminal Justice Act have improved the delivery of criminal justice.
He concluded by stating that the Legislature must live up to its responsibility of legislating to remove the bottle necks and allow improvement in the legal industry.
Mr. Olumide Akpata on what can be done about the speed of delivery of justice stated that the Bar is resolved with determination to face the issue headlong.
The appointment of justices has a direct bearing on how efficient the system can be. He spoke on the inefficiency in the system for appointment of justices.
He also stated that funding has a bearing on the efficiency of the justice system. The judiciary should be independent and autonomous.
He concluded by stating that the Court have not been able to function optimally because of the challenges brought about by the Covid 19 pandemic. This has however brought about the advent of technology in the justice delivery system. The industry must embrace the use of technology in all Court in the Country.
TECHNICAL SESSION 1: JUDICIAL APPOINTMENTS/SELECTION: CURRENT PRACTICES & CHALLENGES
PANELISTS
Dr. Babatunde Ajibade- Moderator
Prince Lateef Fagbemi, SAN
Prof. Yinka Omorogbe, SAN
Mr. Gilbert Tor- Director of Research, National Judicial Institute
Mr. Joseph Otteh- Director/Founder Access to Justice
The technical session commenced with a short speech by the Vice-President, Prof. Osinbajo, SAN. He made remarks on the screening process for judges, saying that it was important that they be more robust and rigorous. He also pointed out that welfare of judges should be improved. Excellence ought to be incentivized and misconduct punished. The Vice-President also called for the involvement of the Executive in Judicial reforms.
The technical session examined findings from a study conducted by the Konrad Adenaeur Foundation and the United Nations Office on Drugs and Crime (UNODC). The purpose of this session was to identify and recommend for implementation, those solutions that will ensure that the process for judicial appointments is based on clearly defined parameters that will make it more transparent, merit based and insulated from external influence.
The moderator, Dr Ajibade began by stating that this session was not about the Bar blaming the Bench, after all, every time a judicial officer is found wanting, it is an indictment on the Bar.
The session began in earnest and using the findings of the study as background, the following limitations/problems were noted;
- Composition and structure of the appointing institutions.
- The leadership of the appointing institutions
- Little to no legislative scrutiny
- Limited diversity and inclusiveness
Prof Yinka Omoregbe addressing the issue of composition and structure of the appointing institutions which is the National Judicial Council at both State and Federal level, decided to focus on the overwhelming interference of the Executive arm. The issue of the Executive holding the purse strings also came up, thereby underscoring the importance of financial autonomy for the Judiciary.
Prince Lateef Fagbemi SAN stated that considering the decline in the quality of the appointment of judicial officers, Proficiency tests should be introduced to test appointees’ knowledge of the law and procedure. According to the learned silk, it is better to have good men administer bad laws than bad men administering good laws. He recommended that the “examining body” should be diversified and includes senior members of the bar, Senior SANs and some Justices of Supreme Court.
Mr Otteh making his remarks on structural problems noted that there is no system to interrogate appointment of judicial officers.
In conclusion, the recommendations were as follows:
- more rigorous screening process
- transparency in the process of appointment
- independence and autonomy of the judiciary
TECHNICAL SESSION 2: RETHINKING JUDICIL ADMINISTRATION: BUDGETING, FUNDING AND ACCOUNTABILITY.
PANELISTS
Mr. Isaiah Bozimo (AG, Delta State) – Moderator
Hon Justice Kashim Zannah
Hon. Justice B.B Bakwaph Kanyip, PhD
Prof Bolaji Owasanoye, SAN
Mr. Ben Akabueze
Mr. Babatunde Fagbohunlu, SAN
Mr. Bozimo began with an introduction of the discussants. He noted, amongst other things, that financial judicial autonomy is not an end in itself.
Mr. Fagbohunlu, SAN for his part opined that the system is broken. He noted that one of the reasons why it was difficult for the judiciary to adopt remote Court hearing was because there was no working IT system to enable it. Similarly, with the wake of the “End SARS” protest and the burning down of a Court house in Lagos, it was realized that there was no provision for digital storage of Court files.
He observed that the current system being run needs to change. True independence lies in the judiciary generating its own funds. He opined that in the UK, they have a sense of customer satisfaction – they do not want you to engage the UK legal system and leave dissatisfied. We suggested incorporating that into our system.
He stated that they have proposed a Bill for the establishment of the Federal Courts Administration Tribunal for both the Federal and State levels. It should be headed by a CEO with business expertise.
Mr. Akabueze (Budget Office of the Federation) opined that contrary to the provisions of the Fiscal Responsibility Act, the judiciary files no returns. He noted that when Commissions are set up, they do not usually deliver value as expected. He also suggested revising the curriculum of Judges so that they can get the right skill set.
Justice Zannah (CJ of Borno State) opined that he is opposed to the amendment of an extant law aimed at introducing a body to administer the finances of Courts at the Federal level and the State level. In all, he queried the composition of the Body (that is, their appointment is by the President directly or indirectly). Also, if the amendment takes effect, Judges will no longer have control even over the appointment of their own aids. That does not create independence of the judiciary.
Justice Bakwaph Kanyip (NICN) opined that independence of the judiciary means nothing. In some jurisdictions, budget of the judiciary comprises a part of the national budget. We need to evolve a way that whatever is approved by the Federal Allocation Committee is what is given to the Judiciary. Now, do we want a federal structure that will receive the money? We do not want a situation that makes judges look like they are in the pockets of the Executive.
As regards the bodies being set up, he opined that the reforms are just too drastic. Though reforms are necessary, we can still do a lot without the reforms. Within the current structure, we can still see good judges and it is this same system that produced them. So, we need to do scenario studies otherwise the law of unintended consequences will tell we made a wrong choice.
Justice Zannah also stated that we have enough to implement technology in the Courts. He cited States where they have started implementing technologically enabled case management system such as Borno State, Bayelsa State, and Oyo State.
He added that we have two problems – there are those who do not like technology, then there are those who like it but they will just lecture as to why we do not do it their own way. In essence, they want to be in the drivers’ sit. The issue of money is not our problem – we just have to set good examples.
Prof. Owasanoye, SAN (ICPC) on his part opined that we need to improve the remuneration of individual Judges. Accountability will foster the advocacy of more funding. Even with the current allocation we can pay Judges more than they are being paid. There is need for reform, but reform should be done slowly.
He added that the judiciary’s budget must be linked to the national economy. The notion of independence is not absolute. What is most urgent is to improve the remuneration of the individual Judges.
If we are making a case for increase of budget for the judiciary, we need to justify it because the funds currently allocated are being diverted to illegalities.
In closing, Mr. Bozimo thanked all the discussants.
TECHNICAL SESSION 3: ACCELARATING THE SPEED OF JUSTICE
PANELISTS
Professor Ernest Ojukwu SAN- Moderator
Hon. Justice Dr. Nnamdi Dimgba
Hon Justice Olukayode Adeniyi
Mr. Sulayman Kuku-Dawodu
Mr. Fola Arthur Worrey
Funke Adekoya SAN
The meeting commenced with a brief introduction of the panelists who would anchor the plenary session.
The moderator of the panel read out a question highlighting the common problems the judicial system is currently facing and asked for the input of the panelists starting with Mrs. Adekoya.
Mrs. Adekoya SAN give a short scenario encapsulating all the problems faced by a litigant in the course of justice to which she highlighted the following as being the cause of unnecessary delay in the administration of justice;
- The procedure for transfer of cases
- Starting a matter de novo in the case of transfer/retirement of judges
- Objections to documentary evidence
- Time management
- Costs etc.
In buttressing her point on objection to documentary evidence, she advised that one of the most potent ways of curbing this is for litigant to object to any of the documentary evidence vide their written addresses as less reliance is placed on oral evidence by the court compared to the previous ages thus accelerating speed in the justice system.
The moderator asked a second question as to whether the support staff of the judiciary should be trained and invested in for better output in the course of justice. Mr. Attoh contributed by stating that most of the nemesis such as bribery, corruption, lost files, delay in filing court processes and so on, experienced especially in Court could be traced to lack of adequate training and capacity among the Courts’ support staff. He urged that the judicial support staff should be invested in, in terms of;
- Better office space and working environment
- Relevant training and certification to further enhance their skills
- Better remuneration etc.
The moderator then gave room to the audience to ask further questions and contributions and the President of the Nigerian Bar Association, Mr. Olumide Akpata contributed in the aspect of the misconception of the lawyers in Nigeria being uncontrolled. Everyone, both and the general public sees it as the fault of the Nigerian Bar Association for failing to curb or sanction lawyers in the event of a breach of the Legal Practitioners Act and the Rules of Professional Conduct.
He brought to light the powerlessness of the Nigerian Bar Association with regards to the procedure as set out in the Legal Practitioners Disciplinary Committee Rules. He then asked for an amendment incorporating more of the involvement of the Nigerian Bar Association in that aspect. The moderator replied that as much as having the Nigerian Bar Associations’ involvement was a good option there would always be a need for an independent body to anchor that affair of the legal profession.
More contributions were raised in the aspect of incorporating more lawyers as judicial assistants to assist the judges in the dispensation of justice in terms of research as this would greatly help in mitigating the concept of delay in the administration of justice.
Professor Ernest Ojukwu SAN stated that in dealing with the issue of accelerating the speed of justice, the reform had to start from the roots in terms of the training of lawyers from the tertiary and post-graduate phases of the legal education. He posited that the deans of faculties and those in the academia should be involved more in the reform so there wouldn’t be a repetition of what has already been discussed and tackled with.
The Summit ended at about 4.40pm.
