The Nation, Abuja - A case filed at the Supreme Court 10 years
ago is yet to be assigned a date for hearing, a presidential aide said
yesterday.
The Special Assistant to the President on Prosecutions, Chief
Okoi Obono-Obla, who filed the case, believes the delay is dues to corruption
and inefficiency.
Obono-Obla said lawyers and litigants “pay through their noses”
to have cases assigned or court papers served.
The judiciary, he said, is averse to reform and should learn
from the Kenyan example, where every stakeholder worked towards an efficient
justice system.
Obono-Obla, in a statement, said: “Why is the judicial system in
Nigeria adverse to change? Look at Kenya and how it has reformed its own
system.
“See how effective and efficient the judiciary in Kenya is. See
how audacious, bold, courageous and fearless judges in Kenya are.
“See how an election petition was heard with dispatch, just
three weeks after it was filed! See how lawyers work together with the bench to
deliver a landmark judgment.
“In Nigeria, lawyers would devise all manners of legal
maneuverings steeped in crass legal technicalities to frustrate justice. The
judgment would be leaked several weeks before delivery.” According to him, the
appellate courts are chaotic and have refused to adopt technology despite
increased funding.
“Before I was given an appointment while in law practice, I have
appeals I have filed in the Court of Appeal for the past six years but till
now, have not been heard. I also have several appeals I filed in the Supreme Court
since 2007 and till now, no date have been given for hearing of these appeals!
”To obtain a court ruling, you must pay through your nose; to
obtain a certified true copy of judgment, you must pay through nose; to cause a
court bailiff to serve a court process, you must pay through your nose.
“To get a case to be assigned after filing, you must pay through
your nose! Even in the Supreme Court to get an appeal to be assigned for
hearing, you must pay through your nose.
”The registries in the Court of Appeal and Supreme Court are a
study in chaos, disorderliness and confusion. They have refused to embrace
Information and Communication Technology (ICT) to organise their registry in
line with international best practices,” he said.
Obono-Obla said judges hate progressive and forwarding lawyers,
who do not parley with them to institutionalise corruption.
He said the Kenyan judiciary was notorious for corruption and
underhand dealings but was reformed with the cooperation of stakeholders.
He said efforts to reform the judiciary had been frustrated by
judges and lawyers.
“The judicial system is just not working! Looking at how judges
are frustrating trial of corrupt politicians despite the provisions of
Administrations of Criminal Justice Act, 2015 (ACJA.) Section 396 (3) say
matters must be heard day-to-day but judges are not enforcing it.
“This government increased the budgetary allocation of the
judiciary for the first time in 50 years, yet no reciprocation on the part of
judges to reform the system! They are not interested! Otherwise, why would the
judiciary allow it registry system to still remain the way it was one hundred
years ago?
“Why is it not possible to get a ruling or judgment as soon it
is delivered? Why can’t we use ICT in filing of court processes? Why are
appeals delayed in the Court of Appeal? The Court of Appeal is just a court of
review; no evidence is adduced at that stage, so what is responsible for the
delay?” Obono-Obla said.
He also faulted judges’ appointment, saying it was not based on
merit.
“The appointment of judges is a lesson or study in corruption
and nepotism! To be eligible to be appointed a judge, you must be
well-connected; you must be a crony or lackey of a senior judicial officer or a
relative or son or daughter of a senior judicial officer!
“You must be seen to be a plaint or conformist or yes man! You
must be ready to hobnob or kowtow to influential senior lawyers!
“No wonder the recent survey carried out by the UNODC and
National Bureau on Statistics named the judiciary and the police as the most
corrupt public institutions in Nigeria,” Obono-Obla said.
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