Bar and Bench: Review of 2023 and Hopes for 2024
The Nigerian Bar and Bench had quite a challenging year in 2023, and the events that made it so, are disconcerting and curious, such as the 2023 general elections from which pre-election matters and election petitions arose. As 2023 draws to an end, THISDAY LAWYER sought the views of a cross-section of Nigerian Lawyers on what they think about the 2023 legal landscape, and what their postulations for 2024 are
Bar and Bench Fared Well in 2023 – OCJ Okocha, SAN, the 19th/Millennium President of the Nigerian Bar Association
May I say, with all sincerity, that both the Bench and the Bar actually fared well in the year 2023, and I commend all the members thereof for a job well done; even if not “very well” done!
The Bench, that is, the Judiciary, continued to discharge its constitutional duties and functions in the adjudication and determination of causes and matters that were brought before the courts. So, did the Bar, in the pursuit by its members in dealing with causes and matters whereby, they sought to secure the rights and interests of their clients.
2023 was a year in which general elections were held at national and State levels in Nigeria, which elections generated several election petitions. Both the Bench and the Bar duly dealt with the challenges brought up, and performed well in that regard; even as they continued to deal with other causes and matters before the regular courts.
Taking a rather more critical view of the matter, delays in the determination of causes and matters before the courts are still being experienced. This is not good, and the cliché still holds true that Justice Delayed is Justice Denied!
It was quite obvious that the lack of full constitution of the Supreme Court and the Court of Appeal, posed serious challenges. It is my hope that in the coming year, 2024, the said courts will have their full complements of Justices.
I also found it rather discomfiting that unwarranted abuse and attacks were directed at the Judiciary, even by Legal Practitioners, and even by some Justices who used the occasions of their Valedictory Addresses to lambast the Supreme Court. This should not be so, as it is unseemly to denigrate the Courts, which courts should ordinarily command total respect from all.
It is my hope that in the year 2024, and in other succeeding years, the Bench and the Bar will continue to improve in the delivery of their respective duties and functions in the administration of justice, and the maintenance and enforcement of Law and Order throughout Nigeria.
2023 Witnessed Huge Millstones in Virtual Hearings and Raising Retirement Age of Judges – Boma Alabi, SAN, former President of Commonwealth Lawyers Association
This was an election year, and an unusually significant election year for the country, as we had the opportunity to test our newly minted electoral law and the Judicial interpretations of its provisions. Sadly, we witnessed members of the Bar vociferously litigating these matters in the media. A discomforting commentary on the profession in this jurisdiction, and the lacuna in the regulation of the legal profession.
2023 witnessed further progress with virtual hearings, which was the silver lining from the pandemic. It has become fairly routine, and we are no longer dealing with fierce objections to applications for virtual hearings. Indeed, the virtual hearing is often ordered by the courts suo motu, which is certainly progressing in the right direction.
The other milestone from 2023, is the increase in the retirement age of Judges to 70 years from 65 years. My considered opinion is that, it is a positive development on the balance. Naturally, one can choose to retire earlier, it simply permits the jurists some flexibility.
Nigerian Legal Landscape in 2024 – Jean Chiazor Anishere, SAN
The Nigerian Bench and Bar may benefit from considering:
1. Legal Reforms: Addressing and advocating for necessary legal reforms, to enhance the efficiency and effectiveness of the judicial system.
2. Technology Integration: Embracing technology for case management, virtual hearings, and overall improvement in legal processes.
3. Continued Legal Education: Encouraging ongoing education and training for legal professionals, to keep abreast of evolving laws and global legal standards.
4. Access to Justice: Focusing on initiatives to improve access to justice, especially for marginalised and underserved communities.
5. Ethical Standards: Upholding and reinforcing ethical standards within the legal profession, to maintain public trust and confidence.
6. Alternative Dispute Resolution: Promoting alternative dispute resolution mechanisms, to alleviate the burden on the traditional court system.
7. Diversity and Inclusion: Striving for increased diversity and inclusion within the legal profession, to reflect a broader range of perspectives.
8. Collaboration with Stakeholders: Collaborating with governmental bodies, non-profits, and other stakeholders, to address systemic issues and improve the overall legal framework.
9. These are my postulations for 2024, whilst my assessment is that both arms have tried fairly to achieve their Constitutional and Statutory Obligations in this tough terrain. I say this because, the Nigerian politics is unique and peculiar to our domain, and it’s no mean fit even for “giants”.
Courts had Huge Infrastructure Challenges in 2023, Virtual Hearing is the Way to Go in 2024 – George Oguntade, SAN
The Bench and the Bar can only be assessed, against the background of available resources in which they operate. Today, it is generally acknowledged by the vast majority of the citizenry, that there exists a huge infrastructural deficit that has made the performance of judicial duties more onerous, and by extension, the ability of the Bar to deliver optimum services to their Clients.
In most of our courts, the problem of power supply remains a recurring decimal. Judges are oftentimes unable to sit or forced to abandon sitting, as a consequence of this problem which remains insurmountable all these years. Where the courts manage to sit, there is the issue of recording of proceedings. Many Judges still engage in the tedium of recording proceedings in long hand, making their performance less effective. In the digital world of today, few courts have functional video conferencing facilities that will enable effective virtual hearing of cases. We seem stuck in the analogue age, despite realising the imperative of necessary change in the administration of justice. In many courts, Case Files compete with Lawyers for space, and it is truly amazing how Registrars are able to find needed Files! The consequence has been an increasing loss of confidence in the Judiciary, by the average Nigerian
All these problems come down to the financing of the Judiciary, and the urgent need for true financial autonomy. Unless and until this is achieved, we are not like to to make substantial progress.
The Bar has generally speaking, performed very well, particularly in the area Public Interest Law and checking the excesses of government agencies and the abuse of power.
As we prepare to enter 2024, it is my hope that substantial progress will be made in achieving complete financial autonomy for the Judiciary. This is crucial to meaningful progress. I will also want a situation where some erring Lawyers amongst us, are properly and effectively sanctioned for any improper conduct. There must be a significant deterrent to bad behaviour, and the Bar Council needs to do much more in effectively regulating the Bar. If things continue the way they are, it will not be long before Outsiders come along to regulate us. Such a day, must not come.
The Bar and Bench in 2023: Prospects for 2024 – Mrs Folashade Alli, SAN
The Bar and Bench play a crucial role in upholding the rule of law, and ensuring the fair administration of justice in Nigeria. In reviewing their performance in 2023, it is important to consider their accomplishments, challenges, and prospects for the future.
Some Accomplishments
1. Increased Access to Justice: The continuous use of initiatives such as legal aid clinics and pro bono services, have helped bridge the gap between the rich and the poor in accessing legal representation.
2. Judicial Independence: The Judiciary has demonstrated a level of independence in its decision-making, which is crucial for upholding the rule of law. Decisions need to be made based on the merits of the cases, without undue influence from external forces.
3. Proposal on the Increase in Judicial Remuneration: The NBA Working Committee on Judicial Remuneration and Conditions of Service submitted a memorandum to the Revenue Mobilisation Allocation and Fiscal Commission on the increment in judicial officers’ salaries and allowances.
Challenges
1. Judicial Corruption: Despite efforts to combat corruption, there are still reports of unethical practices. This undermines public trust in the legal system, and hampers the effective administration of justice.
2. Backlog of Cases: Due to 2023 being an election year, the already existing backlog of cases became exacerbated, leading to delays in the resolution of disputes. This backlog can be attributed to various factors, including inadequate funding, insufficient infrastructure, and a shortage of Judges. Of particular concern, are incidents of conflicting decisions at the appellate courts that bring uncertainty in the law.
Prospects
1. Judicial Reforms: The Nigerian Bar and Bench should continue to push for reforms, aimed at addressing corruption and improving the efficiency of the justice system. This could include the implementation of performance evaluation mechanisms for Judges.
2. Public Education and Awareness: The Bar and Bench should engage in public education campaigns, to increase awareness and understanding of the legal system among the general population. This can help foster trust in the Judiciary, and promote a culture of respect for the rule of law.
In conclusion, while the Bar and Bench have made significant strides in the administration of justice, there are still challenges that need to be addressed. By implementing reforms, strengthening legal education, and promoting public awareness in the coming year, 2024, the Bar and Bench can continue to improve the justice system in Nigeria, and ensure equal access to justice for all citizens.
2023: An Election Year Was Challenging for Bar and Bench – Sam Ologunorisa, SAN, Abuja
My assessment of the Bench for the year 2023 being a political season of both pre and post election disputes, is that the Judges gave their best in meeting up with the timelines for hearing of Petitions and Appeals. We did not hear many complaints of deliberate hoarding unto judgements to frustrate litigants, conflicting judgements of courts of coordinate jurisdiction, and failure to determine cases and deliver judgements timeously as provided by the Electoral Act and the Constitution, so, that in itself is commendable.
There are however, areas that I expected better outcomes from the Bench. For instance, consistency in the interpretation of the provisions of the Electoral Act, 2022. We have had situations where on very similar facts and circumstances, there were adverse outcomes.
On the part of our colleagues from the Bar, I will say that they also did not fare badly. There were little or no complaints of forum shopping orchestrated by Lawyers, professional misconduct emanating from the Bar. So, I will say that it was a great year for the Bar with high turn out of cases, of course not unconnected to the electoral matters that characterised the year.
I will advocate for more consistency, in the interpretation of the novel provisions of the Electoral Act, 2022. This can be achieved through a robust training and retraining of members of the Bench. The welfare of the Bench is also paramount, in enhancing quality of justice delivery. We agree that just like every face to our national life, there is room for massive improvement, both at the Bench and at the Bar.
2024 will be great, but it is not an election year, so we expect the courts to devote more time to other cases.
Internal Conflict in the Bar Made 2023 Look Bad – Adam Adedimeji, Senior Legislative Aide with the National Assembly Service Commission, Abuja
In 2023, both the Bar and the Bench have done well, and contributed their quota to the nation’s development. However, there is room for improvement. The relationship between the two is like that of mother and child, and there is no way that their affairs will not be interwoven. We all know that the Bar gave birth to the Bench, and whatever happens to one, must affect the other.
One of the things that 2023 will be remembered for, is the controversy between the President of the Bar and the National Officers. Thank God, it has been resolved.
One of the lows for the Bench, has to do with conflicting decisions of the appellate courts regarding electoral cases. There are insinuations that political cases’ decisions are procured by highest bidders, and people are beginning to lose interest in the neutrality of our courts. Another one is the flagrant disregard for judgements of the courts, especially on rights of litigants to bail.
My advice here is that the new Attorney-General and Minister of Justice, Prince Lateef Fagbemi, SAN, has a onerous task to get the Federal Government to start obeying/respecting courts’ decisions, even if the decisions are not in its favour. Upholding the rule of law and respect of citizens’ rights, should be one of the things we look forward to in 2024. In other words, I want to see a departure from our experiences of the past years, on these important issues.
The Bar Didn’t Achieve Much in 2023 – Bayo Akinlade, former NBA Ikorodu Chairman
The Bar in 2023, unfortunately did not achieve much, and this is perhaps, because it is an election year and many leaders within the Bar were busy in court handling cases for various political parties and politicians.
Though this is not an excuse, and we see from the various outcomes of these political cases, that both the Bar and the Bench have much to do in gaining the confidence of the citizens. Lawyers and Judges, are under the intense gaze of the general public. It is sad to say that, in my opinion, we have largely failed the common man in protecting their rights, and securing their confidence in the justice sector.
We however, have some hope that once all the dust has settled, and as we go into 2024, we will see a more robust engagement from the Legal Profession and it’s members who are engaged in reforms and other worthy causes.
The Bench is also preparing itself for the future with the appointment of new Justices of the Supreme Court, which has seen the inclusion of much younger Justices being elevated. I would like to see a change, in the way and manner appointments are made into the Bench and the Higher Courts. I hope that more Magistrates with age and experience on their side are elevated to the higher Bench, and given their due respect.
2023: A Tumultuous Year – Kunle Edun, Immediate Past National Publicity Secretary of the NBA
The year 2023 has been a tumultuous one, for both the Bar and the Bench in Nigeria. On the part of the Bench, we saw an unparalleled level of assault on the Judiciary in the social media, and for the first time in living memory, names and pictures of Judges handling election petitions were published in the social media, and subjected to intimidation and attacks from every corner. The conduct of election cases, made the Judiciary to be in the eye of the storm.
The year 2023 also saw the Supreme Court having a number of 11 nominees, recommended for appointment by the President of Nigeria as Honourable Justices of the Supreme Court. This is novel, and will go a long way to reduce the workload of the overburdened few Justices on the Supreme Court Bench. While I welcome the new addition to the Supreme Court Bench, it is concerning that non-judicial officers were excluded amongst the 22 initial nominees. The NBA has been clamouring for many years, the need for the Supreme Court to have a good mix of private legal practitioners and academicians being appointed to the Bench.
Generally, the Judiciary did not fare well in the area of dispensation of justice, as the courts are still having heavy dockets. The courts are still analogue, and yet to deploy the use of technology in their proceedings. It is very baffling that in the 21st century, Nigerian Judges and Justices are still writing in long hand.
On the part of the Bar, 2023 is one of a mixed feeling. Indiscipline amongst Lawyers is on the increase, and the disciplinary mechanisms at the Bar have not been effective in checking professional misconduct amongst Lawyers. Nigerian Lawyers are still doing their best on nationhood, as can be seen in the various pro bono activities of the NBA and the NBA-SPIDEL, being the voice of the people and the vulnerable in the society.
Looking forward to 2024, I hope to see a Judiciary that will be less controversial in its appointment procedure to the Bench, Judges that will not quickly strike out cases on the ground of locus standi in constitutional matters, but will be bold enough to take decisions that will move the country forward. I want to see a Judiciary where delays in the hearing of cases will no longer be the norm, but with the proper deployment of technology there will be good case management, and the Nigerian public confidence will be restored.
According to Christopher Sapara-Williams, Lawyers live for the direction of the people, and the cause of the advancement of the society. We hope to see Lawyers in Nigeria playing their noble roles in leading the country on the right path towards peace, progress and the rule of law.
With the Full Complement of Apex Court, 2024 Will be a Better Year – Dr Monday Onyekachi Ubani, former NBA-SPIDEL Chairman
The assessment of the Bar and Bench is full of mixed reactions, especially when the electoral cases which were decided after the 2023 general elections are taken into consideration. There were cases that were decided on solid legal precedents, and there were others that departed from established precedents with no clear reasons for such decisions.
When placed on a scale, the Bar and Bench can be said to have saved our tottering democracy by providing an avenue for aggrieved parties to ventilate their grievances, instead of using guns and other war instruments for same purpose.
There are two areas of concern, for me. The application of the New Electoral Laws by the Judiciary, was not in tandem with the spirit of the new amendment of 2020. The courts still stuck to the old manner of interpreting the Act as if there was no amendment, and the spirit behind the amendment was jettisoned.
Secondly the abandonment of other cases to concentrate on electoral issues all over the land, does not augur well for the justice system in the land.
We must, as a nation, develop a legal system that does not put other cases in abeyance, while attention is devoted to one particular area of law because it involves the elites and the ruling class. That system needs a change, like yesterday.
By and large, the courts and the Bar did their best, but there is room for improvement. The Bar needs re-engineering, as it is gradually losing its voice as the voice for the common man.
The Bar must speak on issues of respect to court decisions, and observance of rule of law by all and sundry. Next year is the annual Bar election, for leadership change. As we prepare for it, let Lawyers choose persons that are bold enough to advocate for good governance, on behalf of teeming Nigerians who look up to the Bar to speak for them.
We are happy that the Supreme Court of Nigeria will soon have its full complement of Justices, as prescribed by the Constitution of the land. This is a cheery news, as outstanding cases that have been piling on the court shelves will be heard and disposed off as required.
We pray and hope for more fruitful Bench and Bar activities, next year.
Confidence in Bench and Bar has Almost Vanished – Mrs Muna Esegine, Bar Activist, Ikeja
The primary function of the Judiciary, is to ensure that justice is delivered at all times, irrespective of class or political leaning. It is also expected that if a crime is committed, appropriate sanctions should be meted on the guilty party without fear or favour.
Lawyers are equally expected to preserve the rule of law, through advocacy in court and out of court.
The year 2023 in my opinion, has turned out to be very challenging in more ways than one. The confidence earlier reposed on the Bench and Bar vamoosed almost completely, because of inconsistent and conflicting judgements, stances and utterances. We are seen by the common man, as the problem of the nation. We need not go far, to know how we got to where we are!
Should we remain in this sorrow state in 2024?
It is my sincere desire and hope that we can intentionally and deliberately retrace our steps, redeem our image once again, and become the beacon of hope for every Nigerian irrespective of political leanings, irrespective of variance in tribe and tongue, to avert a catastrophe.
May that day never come!
The Bench in 2023 and Postulation for 2024 – Vincent Ejike Anigbo Esq, Lagos
I am very concerned about the increasingly negative perception of the Judiciary in Nigeria which has reached an unprecedented height in 2023, especially with regard to its handling of political cases. This negative perception was fuelled by some apparent inconsistencies, in the various judgements of the appellate courts.
The legal profession, unlike the medical profession or the accounting profession, is the only profession where the practice is done in the open. The Doctor goes into the operating room, and performs a surgery. His negligence goes largely unnoticed by the general public, except when occasionally subjected to vigorous peer scrutiny. But, the legal practice is done in open court, sometimes covered by the media, and subjected to analysis by even market women. So, the Judiciary must be careful about the perception of the ordinary Nigerian about its performance, and you don’t blame them. In real life, perception is everything. That is why justice must not just be done, but also must be seen to be done.
Moreover, the legal profession is the only profession that runs an adversarial legal system, where at least two parties forcefully canvass opposing views over a legal dispute. Also, although we often see Lawyers arguing aggressively for their clients, the truth is that, the outcome of a majority of the cases in our courts are largely predictable by Lawyers. This is because the positions of the law in over 85% of all legal disputes in the courts are already settled, and are known to Lawyers. And, because they are settled law, Lawyers are generally able to predict the outcome of these cases. That is why Lawyers are able to advise their clients, on the strength and weaknesses of their cases. This ability to predict the outcome of cases, is one of the bedrocks of the legal profession. The moment our highest courts begin to take away this element of predictability by delivering inconsistent judgements, proper dispensation of justice will be harmed. I am of the opinion that, in 2023, our superior courts have had some avoidable missteps in this respect, especially in their handling of political cases.
Of significant concern to me this year, is also the allegation that Judges now actively lobby the executive arm to help them get elevated to higher Bench. It’s been said that many of our appellate Justices owe their positions to the Governors, Senators, Party Chairmen and other political big wigs. In other words, their prospect of getting elevated is dependent on the lobbying influence of their State Governors, etc. That’s definitely dangerous and scary. How can these Judges, ever give judgement against these benefactors?
How well the Bench will do in 2024, will depend largely on the attitude of the Chief Justice of Nigeria, given that the laws have given him overwhelming powers over the Judiciary. And, because of this, we cannot carry out any changes on the Bench without his buy-in. Did you notice that, decades ago, we talked more about corruption on the lower Bench than on the higher Bench? But, now, we seem to be talking more about corruption on the higher Bench. We should all be very worried. Heading into 2024, I would advice the CJN not to waive this issue aside. History will judge him harshly, if he does. We should not act like the proverbial ostrich, which feels safe just by burying its head on the sand. The CJN should be at the front seat of the drive to deal with this issue, as we head into a new year.
Harmony Between the Bar and Bench is Needed in 2024 – Nosa Francis Edo-Osagie, Chairman, NBA Benin, Lion Bar
Firstly, in order to understand the Bench-Bar relationship, it is appropriate to explain the meaning of the terms, describe the relationship, and the roles they both play in the administration of Justice.
The Bar refers to Lawyers who are members of the Nigerian Bar Association (NBA), and are qualified to practice law. On the other hand, the Bench represents the Judiciary, comprising of Justices, Judges, Presidents of Courts and Magistrates, who preside over court proceedings and apply the law.
The Bench and the Bar occupy significant roles, in the administration of justice. In other words, they are considered as the two wheels of a chariot, that play a role in administering the law. Both are subordinate to and interrelated to one another, in their respective roles.
The relationship between the Benin Bar and the Edo State Judiciary has been robust, cordial and professional. In the coming year, we hope to sustain and strengthen the harmonious relationship, as it’s necessary to advance the course of justice.
Epilogue
It is crystal clear that despite the humongous challenges in the year just ending, many Nigerian Lawyers are still unrepentantly optimistic about the Bar and Bench in 2024. The year 2023 will go down in the annals of Nigerian legal history as one that witnessed unprecedented incidents on the Bench, with apparently inexplicable decisions by the appellate courts, including conflicting decisions. The Bar wasn’t without its internal conflicts and squabbles, but, the resilience of both the Bar and Bench has brought the year to a partly successful close. Optimistically, many still retain faith in the system, with absolute confidence that 2024 holds a lot of positivity, especially if those who are in a position to effect the necessary changes to make the Bench and Bar flourish, step up to the plate.
