*Commends judges for attending to time bound cases during the COVID-19 pandemic lock down
*Congratulates New silks and welcomes them to BOSAN
*Urges Judges to guard their reputation jealousy in view of the ICPC report which recently ranked judges as the most corrupt institution
*Calls for establishment of special decongestion courts to clear the backlog in Abuja, Lagos and Port Harcourt.

Chief Joe-Kyari Gadzama, a Senior Advocate of Nigeria (SAN), has commended the Federal High Court for not allowing the covid-19 pandemic to prevent it from running its business most especially by attending to urgent and time bound cases. He also hailed the judges for risking their lives in the midst of the pandemic. He described it as “a very high order of devotion to duty” and “public-spiritedness.”

This is contained in an Address on behalf of the Body of Senior Advocates of Nigeria (BOSAN) at the legal year ceremony of the Federal High Court on Tuesday, 25th December, 2020 at Abuja

He said though the covid-19 pandemic was very challenging, it has however helped in inspiring “the digitization of the administration of justice.”

He added, “In a remarkable demonstration of foresight, the Federal High Court (Civil Procedure) Rules, 2019 provided the procedural framework for the adoption of digital tools in the administration of justice. The new rules, which were promulgated long before the outbreak of the pandemic, prescribe the establishment of an e-Filing Unit (Order 58). By May 2020 the Honourable Chief Judge of this Court had issued Practice Directions tailored to the peculiar needs of those strange times, which Practice Directions included provisions for virtual hearings.

“Many state courts followed suit and issued protocols for virtual hearings. Some states, such as Rivers State, have gone as far as establishing virtual filing systems, drawing the curtain on the age of paper. It is hoped that, before long, a similar system will be operational in the Federal High Court. When fully deployed, these ingenious technological aids will have massive positive implications on the speed and efficiency of justice delivery. All in all, it is encouraging to see that the judiciary has made admirable progress in adapting itself to the challenges induced by the pandemic.”

Commenting on the aftermath of the EndSars protest, Gadzama calls for deeper reflection on why hoodlums attacked the courts in Lagos and Calabar

“Why did the judiciary suffer a disproportionate share of the attacks? Could it be a matter of inadequate security? Is it because the premises are accessible? Is it mere coincidence? Or is it that people have lost confidence in the judiciary?…” He asked

He opined that it signals a general and growing disenchantment with the entire justice architecture. He said “The man on the street is not particularly concerned with the case load of the judge or magistrate; all he knows is that the system is sluggish. He does not understand, or appreciate the necessity of, procedural rules; but he feels it very keenly when a hearing on the merits is truncated on purely technical grounds. These are only a few causes of this disenchantment.

“Many of the challenges are systemic, and it is hoped that as we go forward, we will pay greater attention to the little signs of discontent and take steps to address them. It is necessary to staff the courts with more judges to accommodate the swelling case load; to utilize precise scheduling techniques that assist in case management and the pace of proceedings; and to reiterate the emphasis on substantive rather than technical justice. We are optimistic that many improvements will be made regarding all these issues going forward.”

Gadzama also talked about the “Nigeria Corruption Index: Report of a Pilot Survey” of the Independent and Corrupt Practices Commission, ICPC, which lists the judiciary at the top of the Nigerian corruption index, stating that about N9 billion was requested or offered in bribes to judicial officers between 2018 and 2020.

While admitting that judges are “upright people of strong moral convictions”, he urged them to guard their reputation jealously. He also called on legal practitioners to shun corrupt practices and thereby help strengthen the perception of the judiciary, “because it takes two to tango.”

The learned silk decried the delay in Justice delivery due to congestion of courts. He suggested that though political cases tend to receive priority due to their time bound nature, the situation should be handled in such a way that will not have a negative impact on regular civil causes.

According to him, the way to ensure this is “to insist that cases be heard in the division of this Court where the dispute arises. Too often we see lawyers and litigants move their disputes from other states to the Federal Capital Territory. This undermines the administrative convenience that the divisions of the Court are meant to provide, resulting in overloaded dockets in certain divisions.

“It may also be worthwhile for My Lord, the Honourable the Chief Judge of the Court, to consider the establishment of special decongestion courts to clear the backlog in Abuja, Lagos and Port Harcourt. Such an initiative would no doubt go a long way in making for a more efficient justice delivery system.”

The learned silk emphasized on the importance of the independence of the judiciary and condemned attempts to intimidate the judiciary. He said rule of law is the bedrock upon which any modern democratic society rests on. He called for the need for obedience of Court orders by all and sundry, no matter how highly placed.

He said, “The reality as at today, that some persons pick and choose at will, court orders which are to be obeyed and those not to be obeyed, is really worrisome and disheartening.

“We must all be reminded that our judiciary plays a similar role to that of a mother in our democracy, and should be respected at all times. This respect must be reflected in the funding of the judiciary. Not only is it imperative that adequate funds be made available, it is also crucial that access to such funds be unhindered by any other branch of government.

“For our Judges, courage should be an indispensable attribute. It is in the interest of the society at large, that our laws are interpreted and decisions given in line with current realities and developments. Law, they say by its nature, is not static but dynamic. If I may borrow the words of the Master of the Rolls, Lord Alfred Denning – ‘If we never do anything because it has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both’ ”

Gadzama congratulated the 72 new Senior Advocates of Nigeria who were inaugurated on December 14. He said their elevation is a testament to the fact that hard work and excellence continue to be prized in the legal profession, and will receive their just reward.

Concluding with the security situation in the country, Gadzama said by section 14(1)(b) of the 1999 Constitution (as amended), the security and welfare of the people shall be the primary purpose of government, but unfortunately the insecurity in many parts of the country is quite alarming, especially in the Northern states of Borno, Katsina, Yobe and Zamfara.

“Although it is not within the mandate of the judiciary or the legal profession to address this issue, one can ask; how can we be of help?

“Where are our Chibok girls? Where is Leah Sharibu? Where are the boys abducted from Government Science Secondary School, Kankara, Katsina State? Even if one cannot provide a solution, one can cry out for a solution! From available statistics, Nigeria is the third most terrorized nation in the world, out of over 195 countries, and with the recent developments we are gravitating towards the top spot. Why us? Why us? Why us?” he queried