RIVERS STATE

ESCHEW JUDGMENT WITHOUT JUSTICE, AFAM OSIGWE URGES JUDGES

In this piece to herald the 2022/2023 Legal Year of Rivers State Judiciary, senior lawyer and former Nigerian Bar Association (NBA) General Secretary, MAZI AFAM OSIGWE SAN urges the nation’s Judiciary to reverse public perception that judges deliver judgments that do not give justice, even as he called on the Bar to be ready to defend the Judiciary when necessary

IT IS IMPERATIVE TO ONLY APPOINT JUDGES WHO GIVE JUST JUDGMENTS

The imperativeness of appointing judicial officers who shall judge rightly, give just judgments and not pervert justice was at the center stage today (23/11/2022) during the opening of the 2022/2023 Legal Year and Re-dedication service of the Rivers State Judiciary. To underscore this, the first lesson was taken from Deuteronomy 16: 18-20. It was read by the Governor of Rivers State, His Excellency Nyesom Ezenwo Wike.

The passage reads:
“You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes , and they shall judge the people with just judgement. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe binds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you”.

As I wish the Rivers State Judiciary, lawyers , judiciary workers and all court users a productive and result-driven Legal Year, may I remind all members of the legal community in Nigeria of the truth of the statement made by one-time Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher, on Monday, the 19th day of September, 2011, that the society is not entirely satisfied with the judiciary (I dare say lawyers too). According to His Lordship, “Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities accept the gap in expectations, and do our utmost to bridge it”.

More Nigerians readily agree that many of our courts do not give justice I.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt, are places where judicial power is easily abused and the poor oppressed. Many believe the judiciary does not protect the indigent, as the rights and interests of the citizens are no longer perceived to be a priority for the courts. Many believe the delays and increasing cost of litigation have cost the judiciary of its description as the “last hope of the common man”. Many will readily point at many things that are wrong with the justice delivery system while acknowledging their successes. Lawyers, judges, law enforcement officers and court staff are routinely blamed for these problems. The people lament the penchant of the legislature in amending the constitution and electoral laws to give pre-eminence to electoral matters at the expense of commercial disputes, human rights violation and criminal cases. There is therefore a huge gap between peoples’ view of the type of justice to expect in the country and what obtains in our very courts.

“More Nigerians readily agree that many of our courts do not give justice i.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt”

The expectation of a justice delivery system that is efficient, effective, even-handed and cost-effective is not baseless, as the effectiveness or otherwise of the justice system of any social order and reflects the confidence the public has in it. It also shows the extent to which state and authorities are able to achieve regulative capability among the citizens. Sadly for Nigeria, the common man, the rich and the state do not have confidence in the justice system.

It is a commonly agreed position that Nigeria can only attain the much desired socio-economic and political development, stability and sustainability if it has an effective and efficient justice system. Such justice system will guarantee the maintenance of laws and regulation of the state, citizens behaviours and relations. Nigerians are groaning under the weight of depleted public revenue occasioned by profligacy, waste in governance, misplaced priority, terrorism and insecurity, lack of transparency in the management of public funds, corrupt practices, gross violation of human rights, prolonged detention without trial, disobedience of court orders, intimidation of judicial officers etc. Accordingly, Nigerians expect that the only thing that could guarantee them some degree of enjoyment of their fundamental rights as well as accountability in government is effective administration of justice. We hope that all of us will join hands to ensure we enjoy effective justice delivery in Nigeria.

This piece is not to suggest that the judiciary has not done well or acted in the overall best interest of Nigeria, but to show that more remains to be done. Indeed, the effects of interference, intimidation, insufficient funding /lack of financial autonomy among others on administration of justice are not lost on one. Intimidation and lawlessness by members of the executive especially law enforcement agencies abound. They show contempt to court orders when they are not in their favour or do not please them. The legislature is not left out in this trend.

The judiciary, in a democratic polity like Nigeria must be properly insulated from undue political pressures and the attendant political manipulation or executive interferences. Access to judges outside official channels has been one of the greatest problems that further threaten the independence of the judiciary in Nigeria.

We can get it right only if we choose. Right persons must be appointed as judicial officers. There should be an objective of assessing them without undue reliance on the number of judgments they deliver. They should be insulated from all forms of interference and intimidation. The Bar must of course be there to speak on their behalf when they cannot. The constitutionally enshrined financial autonomy must be respected. Lawyers have a pivotal role to play in all this.

#fortheloveoftheprofession #dedicatedtojustice
#lawyers
#nigerianbarassociation

MAZI AFAM OSIGWE, SAN
23/11/2022, Port Harcourt

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CHIEF JUDGE, OCJ OKOCHA LAUD CORDELIA EKE AT BOOK LAUNCH

The Chief Judge of Rivers State, Justice Simeon Amadi and former Nigerian Bar Association President, Chief O. C. J. Okocha SAN were among dignitaries who poured encomiums on senior lawyer and Director in the Rivers State Ministry of Justice, Mrs. Cordelia Eke at the public presentation of her book on criminal justice administration.

In his remarks, Justice Amadi noted that the book is an invaluable contribution to efforts to promote criminal justice administration, adding that it is one of the few books on the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Law. According to the jurist, “There have not been many books on this subject,” even as he recommended the book to all stakeholders.

On his part, Okocha, who was Chairman of the Occasion, chided the Federal Government for its poor handling of Nigeria’s security, noting that there is a nexus between security and criminal justice administration.

The former NBA helmsman said that “The Federal Government should beef up security in this country from this people they call bandits, terrorists, separatists, whatever. They have sworn to protect life and property. Security has gone to its lowest level in Nigeria. This country should admit that it has failed. Otherwise, it should do the best it can to restore peace, law and order.

“Criminal justice is at the root of law enforcement, because at the end of the day, those who are found culpable for committing crimes must be taken to court and justice will be delivered.”

Eke, who is also the South-South Coordinator of African Women Lawyers Association (AWLA), said that she was inspired to write the book, “Criminal justice in Nigeria: A practical guide,” to guide judges, prosecutors and defence lawyers among others in navigating the difficult criminal justice terrain.

Her words: “With over 23 years experience in criminal prosecution and having shouldered various other responsibilities in the sector, I have seen good cases bungled by shoddy investigation by law enforcement agents, prosecutors losing their cases due to lack of attention to detail or non-compliance with the law, Legal Advice wrongly offered, and defence counsel that are unable to take advantage of opportunities in the interest of their clients because they are unaware of legal provisions in their favour. The judiciary is not left out either.”

Aside from Justice Amadi and Okocha, other dignitaries that attended the book presentation include Justice Dagogo-Jack who represented the First Lady of Rivers State, Justice Suzette Nyesom-Wike; the Vice Chancellor of Rivers State University, Prof. Nlerum Okogbule; Mrs. Efe Etomi, President of AWLA Nigeria and Partner at FRA Williams & Co; HRH Serena Dokubo-Spiff, Principal Partner at Serenity Legal Union; Mr. Sylvester Udemezue of the Nigerian Law School who was the Book Reviewer; a representative of the President of the Customary Court of Appeal, Justice L. T. Senewo; Mr. Elemchukwu Eke, the author’s spouse and Chief Azibaola Robert, the Chief Launcher who took 400 copies of the book for donation to indigent Law students in four higher institutions of learning.

The book is a seminal contribution to the study and practice of criminal law in Nigeria. It is also a compass for persons outside the country who wish to navigate through the Nigerian criminal justice system and gain an understanding of how it operates. It is written from a practitioner’s perspective, and is aimed at identifying and addressing practical issues thrown up on a daily basis with a view to improving the level of criminal justice practice and equipping intending practitioners with the necessary tools to enable them have a seamless practice experience.

The author dissects the Administration of Criminal Justice Act (ACJA) and presents the topics in a reader-friendly manner, with anecdotes from actual courtroom experiences, statutory and judicial authorities, tips for lawyers and suggestions for reforms in certain cases. One of the highlights is the examination of the provisions concerning children in the criminal justice system, whether as victims or offenders.

Eke was admitted to the Nigerian Bar in 1995. She obtained a Master of Laws (LLM) degree in Public International Law from the University of Kent, Canterbury, in the United Kingdom and has practiced law both in the private and public sectors.

She has published several scholarly articles on the criminal justice system in authoritative peer-reviewed journals and was the Editor-in-Chief of the NBA SBL Business Law News Magazine (2007-2010) and the NBA Port Harcourt Branch BarNews (2006 – 2008). She was also the Editor of the African Women Lawyers Association (AWLA) Nigeria, Rivers State Branch publication, “Handbook on Widows Rights in Nigeria.”

Eke was a resource person on ACJA at the NBA Annual General Conference (AGC) in 2017 and has presented papers on the subject at various seminars and workshops. She was a Council Member of the NBA Human Rights Institute; Chairman, Prosecution Manual Drafting Committee and Team Lead, Honorable Attorney-General’s Special Legal Advice Decongestion Committee, both in the Rivers State Ministry of Justice, among others. She is also a member of several professional organizations. She is married with children.

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AJUMOGOBIA ACCUSES OLANIPEKUN’S LAW FIRM OF MISCONDUCT; FIRM APOLOGIZES, DISOWNS PARTNER

Former Minister for Energy and Petroleum ministries, Mr. Odein Ajumogobia has accused the law firm of Wole Olanipekun & Co of professional misconduct in the $130 Million Rivers State Government vs Saipem SPA, Saipem Contracting Nigeria Limited and Ors case.

In an email dated June 23, 2022 and obtained by CITY LAWYER, the senior lawyer stated that he was “shocked and appalled” at the contents of a letter written by one Adekumbi Ogunde, a Partner in the law firm of Wole Olanipekun & Co to his firm’s clients, Saipem SA and Saipem Nigeria Limited.

In the email addressed to the Body of Benchers Chairman, Ajumogobia wrote: “I must also express my extreme disappointment and utter disillusionment, that a letter of this nature should emanate from your chambers, given your stature at the bar generally and as the current Chairman of the body of benchers, in particular.

“My sentiments about the unfortunate but unmistakable allusion to ‘influence’ with “Justices of the Supreme Court, Presiding Justices of the Court of Appeal and Chief Judges” with whom you happen to serve on certain bodies in the legal profession, with regard to a matter before a Court, is better left unsaid.

“Suffice it to say that the attached letter is in my opinion tantamount to gross misconduct of the worst kind.

“For the record, our mandatory Rules of Professional Conduct expressly prohibit self-advertising and solicitation by Nigerian legal practitioners!

“Rule 39 expressly provides that “A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which …..makes comparison with or criticizes other lawyers …..or includes any statement about the quality of the lawyer’s work, the size or success of his practice or his success rate.

“The email from your firm could not be more egregious in its breach of this essential mandatory rule, especially in its acknowledgment that the defendant companies had already retained counsel. That I and my firm of Ajumogobia & Okeke were retained in the matter, was a matter of public record and was personally known to you and your firm, since you had asked me about the matter during our Unilag Law Faculty Alumni dinner at Harbour point in February.

“The attached email from your firm also contains false and misleading statements with several defamatory imputations of and concerning myself and my firm.

“In the circumstances we demand within 7 days of the date of this letter, a written apology to the firm of Ajumogobia & Okeke from Wole Olanipekun & Co, for this most deplorable conduct of Adekumbi Ogunde and your firm.

“In addition we demand that Wole Olanipekun & Co sends a letter to Saipem the top management to retract your said letter….”

He warned that the retraction and a copy of the apology to his firm “must be copied to the top management of Saipem SA and the same recipients as the original email,” adding that “I trust that your firm will comply with our demand forthwith.”

However, Olanipekun’s law firm has washed its hands off the controversial letter, vowing that it was written without its consent and authority.

In a prompt reply dated June 24, 2022 and titled “DISCLAIMER,” the leading law firm stated that “the writer of the letter under reference was on her own, and we do wholly dissociate ourselves from the letter and its contents.”

The law firm vowed that “internal measures would immediately be taken to address and redress this very unfortunate situation,” adding that “Our Principal, without being immodest, has never been known to indulge himself in the type of practice portrayed in the letter under reference. He is a very sober and humble person, and we believe learned Silk, H. Odein Ajumogobia, SAN, OFR can attest to this. He stands for the best in the profession, in terms of ethics, honour, integrity, discipline, character and carriage.”

The disclaimer was signed by Messrs James Adesulu and Quam Owolabi Bisiriyu, both Associate Counsel at Wole Olanipekun & Co and copied to Ajumogobia.

In the additional note to the former Petroleum Minister, the law firm said that “we apologize for this very unfortunate incident , which was unauthorized,” adding that the letter was “neither initiated, prompted, encouraged nor approved by our chambers.”

The disclaimer noted that Olanipekun “values and covets the very cordial professional and friendly relationship between both of you, a relationship that has stood the test of time for over three decades, where both of you have mutually and reciprocally shared and exchanged thoughts on some highly confidential issues and subjects.”

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  • EDITOR'S CHOICE
  • Nov 02, 2021
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  • Comments Off on LAW SCHOOL: WIKE TAKES NGIGE ON TOUR OF P/H CAMPUS

LAW SCHOOL: WIKE TAKES NGIGE ON TOUR OF P/H CAMPUS

Rivers State Governor, Mr. Nyesom Wike recently led the Chairman of the Council of Legal Education, Chief Emeka Ngige (SAN) on a guided tour of the Graham Douglas Campus of Nigerian Law School being constructed by the Rivers State Government. Chief Ngige was accompanied by the Director-General of the Nigerian Law School, Prof. Isa Chiroma, SAN.

Below are photos from the inspection tour.

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  • EDITOR'S CHOICE
  • Mar 17, 2021
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  • Comments Off on COURT AUTOMATION: EASTERN BAR FORUM COMMENDS RIVERS JUDICIARY

COURT AUTOMATION: EASTERN BAR FORUM COMMENDS RIVERS JUDICIARY

The Eastern Bar Forum (EBF) has commended the Rivers State Judiciary on the one year anniversary of its e-Filing and Court Automation platform which commenced on Tuesday, March 9 and will continue till the end of March.

In a congratulatory letter to the Chairman of the Rivers State Judiciary ICT Committee, Hon. Justice Elsie Thompson dated 12th March, 2021 and titled “Rivers State e-filing platform: Letter of commendation,” the forum noted that “What many saw as impossible has been made possible because of your sincerity of purpose, doggedness and sense of responsibility.”

Signed by Mr. S. Long Williams and Sir Ray Akanwa, Chairman and Secretary of the forum respectively, the influential regional Bar forum said: “We, on behalf of the entire forty five (45) NBA Branches in the Eastern Bar Forum felicitate with you and the entire Rivers State Judiciary on the one year anniversary of the launch of the e-filing platform in the Rivers State Judiciary.”

While commending Justice Thompson “for a work well done,” the Eastern Bar Forum said: “We urge you to continue with your good works as you join the Hon. Chief Judge of Rivers State to make the Rivers State Judiciary the cynosure of all the Judiciary in Nigeria.”

Commenting on the milestone at a press conference held to celebrate the anniversary, the State Chief Judge, Hon. Justice Adama Iyayi-Lamikanra said: “Good justice systems are independent, transparent, accountable and efficient. Citizens depend on the judicial arm of government for key decisions that affect their daily lives and the society they live in. A good justice system is an inalienable right of the citizen.

“In order to initiate lasting reforms in the justice sector and to replace the archaic procedures and outmoded administrative and management systems, information and communications technology (ICT) solutions have been deployed holistically at the Rivers State Judiciary to provide end-to-end automation of the caseflow system.

“I believe that Information and communications technology have brought a turning point in the history of human civilization. It has brought about numerous changes and innovations in all fields of human activity. It has resulted in enhanced efficiency, productivity and quality of output in every walk of life. And the Justice sector should not be an exception.

“The last 365 days in the Rivers State Judiciary has been a journey of automating processes for improved speed in the administration of justice. The journey has been experiential with a lot of positive feedbacks and improvements on an ongoing basis.

“Most of the Rules that operate in our courts today date back to decades of manual and analogue practice that always require human intrusion to achieve the desired goal of effective justice administration.

“More than ever before, the pandemic revealed most of the inadequacies of the manual system and informed how the use of technology can greatly improve the access to justice and speed up the delivery of same. The all-round support from the State Government gave the needed impetus for us to embark on the audacious journey of automating the Rivers State Judiciary.”

The project is receiving technical support from Mr. Emeka Albert, a Justice Sector Reform Consultant and Chief Editor of LEGALPEDIA, who told CITY LAWYER that “more special modules and features of the platform have been scheduled for roll out soon.”

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