RIVERS CRISIS: NBA VOWS TO UPHOLD RULE OF LAW
The Nigerian Bar Association (NBA) has said that it is committed to uphold the rule of law in the face of the crisis rocking the oil-rich Rivers State.
In an address presented on behalf of the Bar at the 2024 Legal Year hosted by the Rivers State Judiciary, the Chairman of Chairmen of NBA Branches in Rivers State, Mrs. Cordelia Eke urged political gladiators to note the critical place of the state in fostering the national economy.
Her words: “We call on the political actors and those fanning the embers of discord in our state to bear in mind that Rivers State holds the economy of the country in its soil, and whatever affects Rivers State affects Nigeria as a whole. Now is the time to speak up, now is the time to show courage, now is the time to stand and uphold the rule of law. The Bar in Rivers State has determined to play its role as can be seen from the Press statements and conferences held by the Chairmen of the eight branches of the NBA in the state and I so urge other stakeholders to do likewise. We will continue to do our part. Will you do yours?”
She commended the State Governor, Mr. Siminalayi Fubara for the calm manner he has guided the state, adding: “My lord, at this juncture, I would like to, on behalf of the Bar in Rivers State, again commend His Excellency, the Governor of Rivers State, our awarding winning Governor, and role model in Nigeria. His Excellency’s disposition to peace, progress, and development in the state in the face of constant provocation, has left many speechless and is now a reference point.”
Thanking the governor for his support to the branches during the recent Annual General Conference held in Lagos, she said: “Thank you, Your Excellency for giving Rivers people hope in a greater Rivers State, thank you for restoring pride and dignity to the Rivers person. Thank you for leading by example and most importantly, thank you for making Rivers state a reference point for elections without violence, despite lack of security personnel. And thank you for quelling the fires set by enemies of democracy with your disposition to peace.”
She however noted that “Many branches also have very old buses in various stages of disrepair, having served them for several years. Imagine for example Port Harcourt Branch with about 7,000 members, having only 1 functional bus presently. The branches would appreciate the further kind assistance of his Excellency with respect to our bar centres and branch buses.”
The Bar Leader decried late swearing-in of judicial officers, adding: “In the same vein, the Bar would like to appreciate His Excellency, the Governor for remedying one of such cases by swearing in the Hon. Justice D. J. Stevens after several years of being in limbo. We also thank your Excellency for restoring the dignity of the Magistrates affected by the unfortunate executive action. We however also appeal to the State Government to compensate the judicial officers who have been similarly effected in the recent past, whether retired or serving, for the loss of income within the period they were kept inactive, awaiting swearing-in, as they may well have incurred debts in a bid to sustain themselves and family. We know our Governor is a kind hearted man and fair minded man and always feels the pulse of his people.”
She also decried the plight of lawyers employed in the public service, both in the judiciary and the Ministry of Justice. She said: “Incidentally, the Law Officers in the Ministry of Justice and Magistrates are on a uniform employment and salary scale. By virtue of the JUDICIAL AND LAW OFFICERS (MISCELLANEOUS PROVISIONS) LAW, CAP 72, VOL.4, LAWS OF RIVERS STATE 1999, their entitlements and benefits are statutorily guaranteed. However, our colleagues in these offices have cried out that the said allowances and grants have remained unpaid by Government for several years now, especially the car grants and robing allowances. It is indeed pathetic to see these government lawyers and Magistrates who handle sensitive cases jumping buses and sometimes residing in unsecure environments. This exposes them to security risks and attacks from unscrupulous members of the public against whom they may have taken a position in a case. The car grant was last paid to Law Officers in 2008, while the robing allowance has remained unpaid for the past five years. For the Magistrates, it may be recalled that the last Government administration promised them their own residential quarters or grants similar to what is was graciously made available to the Judges. However, this is yet to materialize and many of them have to look over their shoulders while carrying out their duties, some retiring to reside in the same environment as those convicted during their career. It must be acknowledged that the present Government has been alive to its role with respect to newly appointed Magistrates, but we do appeal that the older Magistrates should not be left out as they have borne the burden of cases at the lower court for years and should have something to look forward to upon retirement. We also make the same appeal for the newly appointed Customary Court Chairmen, yet to be given their vehicles.”
She bemoaned a situation where senior lawyers in the civil service are posted to Agric farms as punitive measures, saying that “This is very demeaning for a lawyer and also a loss of much needed manpower and legal expertise, and should be discouraged. Also unfair is a situation where hardworking lawyers in public service are denied promotions or benefits due them because of political reasons. Politicization of professional duties leads to promotion of mediocrity and incompetence.”
According to the senior lawyer, the deplorable state of the courts in the state could no longer be condoned. Her words: “In closing My lord, I cannot fail to mention that lawyers ply their trade in courtrooms across the state, but sadly, the deplorable condition of the courts in judicial divisions outside Port Harcourt have made it difficult for any legal business to be transacted therein. To mention but a few cases, it is gathered that in Okehi, reptiles now preside in the courtrooms, and in Ahoada, the court sits in the near dark with no light for 3 years. Some courts are also grossly understaffed and lacking security, with unkept environment. Many of the courts now sit in Port Harcourt, invariably defeating the purpose of establishing courts in such localities, and making it difficult for clients therein to pay for legal services, thus hampering access to justice. It is our fervent prayer and hope that these issues will be addressed this legal year to ensure that legal practice once more flourishes in other jurisdictions.”
She urged all stakeholders to ensure the upholding of the rule of law in order to prevent the state from descending into the Hobbesian state of nature where life is nasty, brutish and short, adding that “It starts with allowing ourselves to be used to subvert the course of justice, and corrupt the judicial system.”
In concluding, she said: “However, this is not a time for a blame game because we are all equally responsible for a deteriorating legal system; the lawyers, judicial officers, politicians, traditional rulers, elder statesmen and support staff in the legal profession. We are responsible when we hide casefiles, abuse court process, write wrong legal opinions, give judgements that even our conscience knows is wrong; when we tell untruths or half-truths, keep silent and fail to condemn evil when we should.”
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