The Lagos State Judicial is unarguably the nation's busiest judiciary with over 75% of the nation's litigation handled by the state's court. The cause List of most of the State's Court is notoriously long with the average court in the state particularly at the High Court level having a consistent average of 50-60 cases per week. But tike human beings and Institutions, the Court's do not exist in isolation or in vaccuo as we lawyer are apt to say. Thus the Court must co-exist with other supporting infrastructure, facilities and trained human resource; well (not necessarily fancifully) designed court rooms, durable desks, tables, chairs or benches, functional microphones and in this day and age recording gadgets and equipments, well ventilated court rooms either by way of modern air-conditioning and use of split units or simple old fashioned cross-ventilation. To these must be added efficient and dutiful court registrars clerks and Judicial Assistants without these compliments of staff, facilities and infrastructure even the most erudite and upright of judges is no use. No judge no matter how zealous of justice can work in a dark, poorly lit or unlit court room, sit in a very hot or poorly ventilated court, preside over proceedings in a rickety chair and Bench that might give way at any moment. Nor might his lordship arrange files, call each case and at the same time conduct proceedings. Efficient support staff and functional Infrastructure is simply sine qua non for the effective administration of justice in any part of the world, Nigeria and Lagos State in particular included.
In recognition of the above reality the State Government in recent times has taken steps to enhance the administration of justice in the state; improved emolument for judges, magistrates-and other judicial officers in the state, juicy welfare package and conditions for all categories of judicial officers (ironically in spite of repeated demand and agitations this largesse is yet to flow in the direction of non-judicial workers who attend to over 80% of the administrative duties of the state's judiciary and without whom the court systems will simply collapse) including the provision of the state of the art cars, stationeries and equipments amongst other things.
Yet in spite of the state's best efforts, the administration of justice in the state is being hampered by certain factors some of which are self-induced while others are beyond the control of the relevant authorities.
In respect of the state's commendable effort to construct new court buildings it is unfortunate that the 2 High Court buildings constructed within the last 5 years have been a source of problem to the administration of justice in the state, the furniture and finishing touches to the court are manifestly substandard, poorly constructed table, desks and chairs, low quality electrical fittings, badly designed docks, witness boxes and judges seats and benches. In many of the Court rooms, most of the chairs meant for lawyers have broken down with lawyers now left to either perch indecently and dangerously to conduct their matters in court; the lighting system is poor with many of the court rooms being dark and badly lit at most times during proceedings, the design of the court rooms even though meant to conform with modern day court rooms in developed societies are environmental non-compliant considering the present state of affairs in terms of electricity generation which is at an all time low. In practically all the New court rooms proceedings literally comes to an end once there is power failure, many proceedings have been aborted during the course of arguments in an urgent application, rigorous cross-examinations have been stalled mid-way by sudden power outages even judgments have been halted abruptly by sudden power failure.
I witnessed first hand, the last phenomenon when midway into a judgment in a 15 year old case that had passed through a couple of judges, electricity suddenly failed before the court of Justice O.A. Adefope-Okojie, thankfully in less than 15 minutes power was restored. And the court resumed sitting to deliver the judgment. Imagine what would have happened had his lordship been impatient to resume sitting after 15 minutes, the delivery of the judgment in the 15 year old case would have been further adjourned with no guarantees that the situation would have been any better on the adjourned date; and even then the court would have had to commence the delivery of the judgment ab initio. Still talking about electricity, it is not uncommon particularly in the era of the immediate past Chief Judge of Lagos State Justice Ade Alabi that whole Divisions of the High Court are unable to seat because not only has public power expectedly failed, but the Chief Judge failed to make provisions for fuel to run the generators. The result, hundreds of cases at various stages are inevitably adjourned further congesting the state's heavy laden cause list with negative consequences on justice delivery in the state.
Happily, under the highly focused and progressive leadership of new Chief Judge, The Hon Justice Inumidun Akande all that is in the past.
The design of the new court rooms already described above is also a source of concern, while it can be said the design of the new court rooms, is obviously modem and up to date but for all fanciful outlook, the court rooms are not environmentally friendly.
In most of the new court rooms, once there is power failure, the court rooms become pitch dark and the proceedings are immediately aborted, many times the judges have to practically grope their way out of the court rooms to their Chambers without even a decent opportunity to sign out the aborted proceedings. In a society where violent crimes are on the increase even in court rooms what stops a witness taking advantage of the confusion to physically attack the judge or alter the hurriedly abandoned judge's note/record of proceedings? Anyway several have questioned why the main contractor to the project a firm under the watch of a Senior Advocate of Nigeria did not take the Nigerian environment into consideration before constructing court rooms that are neither functional nor assist the cause of justice.
Many wonder whether old fashioned court rooms, available in other less developed states will not serve the cause of justice better than fancifully designed court rooms that become functionally useless the minute there is a power outage, pitch dark and oven hot and the judicial process, becomes stalled. What is more disturbing for many stakeholders is that even after two major variations to ensure that the furnitures and finishing's are improved on there is no noticeable change in many of the court rooms with the court room of Justice S.B. Candide-Johnson where more than 90% of the Bar's seats have broken down irretrievably, a classic illustration. Some have tried to deflect criticisms of the main contractor Stablini Visiononi by arguing that the shoddy furniture and finishing's were done by sub-contractors but in a community of lawyers can the main contractor escape liability based on vicarious liability. Even more critical beyond legal arguments and finance is the 'issue of posterity, how will posterity judge a frontline constructing firm headed by a SAN in a building court rooms? Is excellence so difficult to achieve? After all, even in an atmosphere of mediocrity some-organisations have continued to achieve excellence in the nation, Cappa a D'Alberto in the area of building construction and Julius Berger for Road Construction, so why not Stabilini Visioni for Court room construction when it has a SAN for a Chairman? And where is the place of legacy in all of these?
In the area of staff support for judicial officers, the point must be made that there can be no effective administration of justice, where the increased salaries and conditions of service that judges and magistrates enjoy do not extend to non-judicial staff. With the coming on board of a new Chief Judge who appears to enjoy the support and goodwill of all categories of judicial workers high and low, this is certainly the best time to visit the recurring issue of salaries and conditions of service judicial workers particularly the junior ones. His Lordship should as a matter of urgency take this vexed issue before the state helmsman who coincidentally is not only a lawyer but SAN so that this matter be promptly addressed. To the judicial staff union JUSUN Lagos Chapter should be added the advice that, they must seek their "salvation" within the presently constitutional framework and not allow themselves be led astray by their National Union. Nigeria is presently under a civilian Democracy where things are done in accordance with the 1999 constitution unlike during the military era where things were done in a unitary/uniform manner where the Federal Government could dictate to the State judiciary.
This is not sp now; even if their National body were to agree with the Federal Government and the National Judicial Council on salaries and working conditions such agreements are not binding on any state including Lagos under the principle of Federalism. Neither is the usual rationalisation that "Lagos is rich and can pay" a basis for believing that Lagos State will honour any agreement reached with the Federal authorities.
JUSUN (Lagos) should take its fortune in its hands by negotiating directly and realistically with the Lagos State authorities and not follow blindly the National bandwagon that has produced no results in spite of several strikes in the last 5 years. Talking practically, isn't it time JUSUN (Lagos) asked itself why Federal Judicial Staff and union have not been party but intact sabotaged all agitations by JUSUN National over salaries and conditions in the last few years? A word is enough for the wise.
Finally, and more relevant to this discourse, the provision of constant electricity during office hours for all courts in Lagos State, inspite of the national electricity debacle is most critical for the effective administration of justice particularly at the High Court level in Lagos State.
Whole judicial divisions should not be rendered unproductive for days, urgent proceedings crudely terminated because there is no diesel to power generators, neither should hundreds of cases be adjourned en bloc for electricity related reasons,
The courts remain the last hope of the common man, and Lagos as the Centre of Excellence must extend that undisputed reality to the judiciary despite all odds by ensuring that no matter what electricity is the very last reason why court proceedings should be aborted or adjourned. I am confident that given his direct stake and interest in matters of the judiciary, the guarantee of constant electricity in our courts will be one of the several milestones achieved during the administration of Gov. Babatunde Fashola SAN.
Eko o ni baje o. Judiciary o ni daru o!!!
In recognition of the above reality the State Government in recent times has taken steps to enhance the administration of justice in the state; improved emolument for judges, magistrates-and other judicial officers in the state, juicy welfare package and conditions for all categories of judicial officers (ironically in spite of repeated demand and agitations this largesse is yet to flow in the direction of non-judicial workers who attend to over 80% of the administrative duties of the state's judiciary and without whom the court systems will simply collapse) including the provision of the state of the art cars, stationeries and equipments amongst other things.
Yet in spite of the state's best efforts, the administration of justice in the state is being hampered by certain factors some of which are self-induced while others are beyond the control of the relevant authorities.
In respect of the state's commendable effort to construct new court buildings it is unfortunate that the 2 High Court buildings constructed within the last 5 years have been a source of problem to the administration of justice in the state, the furniture and finishing touches to the court are manifestly substandard, poorly constructed table, desks and chairs, low quality electrical fittings, badly designed docks, witness boxes and judges seats and benches. In many of the Court rooms, most of the chairs meant for lawyers have broken down with lawyers now left to either perch indecently and dangerously to conduct their matters in court; the lighting system is poor with many of the court rooms being dark and badly lit at most times during proceedings, the design of the court rooms even though meant to conform with modern day court rooms in developed societies are environmental non-compliant considering the present state of affairs in terms of electricity generation which is at an all time low. In practically all the New court rooms proceedings literally comes to an end once there is power failure, many proceedings have been aborted during the course of arguments in an urgent application, rigorous cross-examinations have been stalled mid-way by sudden power outages even judgments have been halted abruptly by sudden power failure.
I witnessed first hand, the last phenomenon when midway into a judgment in a 15 year old case that had passed through a couple of judges, electricity suddenly failed before the court of Justice O.A. Adefope-Okojie, thankfully in less than 15 minutes power was restored. And the court resumed sitting to deliver the judgment. Imagine what would have happened had his lordship been impatient to resume sitting after 15 minutes, the delivery of the judgment in the 15 year old case would have been further adjourned with no guarantees that the situation would have been any better on the adjourned date; and even then the court would have had to commence the delivery of the judgment ab initio. Still talking about electricity, it is not uncommon particularly in the era of the immediate past Chief Judge of Lagos State Justice Ade Alabi that whole Divisions of the High Court are unable to seat because not only has public power expectedly failed, but the Chief Judge failed to make provisions for fuel to run the generators. The result, hundreds of cases at various stages are inevitably adjourned further congesting the state's heavy laden cause list with negative consequences on justice delivery in the state.
Happily, under the highly focused and progressive leadership of new Chief Judge, The Hon Justice Inumidun Akande all that is in the past.
The design of the new court rooms already described above is also a source of concern, while it can be said the design of the new court rooms, is obviously modem and up to date but for all fanciful outlook, the court rooms are not environmentally friendly.
In most of the new court rooms, once there is power failure, the court rooms become pitch dark and the proceedings are immediately aborted, many times the judges have to practically grope their way out of the court rooms to their Chambers without even a decent opportunity to sign out the aborted proceedings. In a society where violent crimes are on the increase even in court rooms what stops a witness taking advantage of the confusion to physically attack the judge or alter the hurriedly abandoned judge's note/record of proceedings? Anyway several have questioned why the main contractor to the project a firm under the watch of a Senior Advocate of Nigeria did not take the Nigerian environment into consideration before constructing court rooms that are neither functional nor assist the cause of justice.
Many wonder whether old fashioned court rooms, available in other less developed states will not serve the cause of justice better than fancifully designed court rooms that become functionally useless the minute there is a power outage, pitch dark and oven hot and the judicial process, becomes stalled. What is more disturbing for many stakeholders is that even after two major variations to ensure that the furnitures and finishing's are improved on there is no noticeable change in many of the court rooms with the court room of Justice S.B. Candide-Johnson where more than 90% of the Bar's seats have broken down irretrievably, a classic illustration. Some have tried to deflect criticisms of the main contractor Stablini Visiononi by arguing that the shoddy furniture and finishing's were done by sub-contractors but in a community of lawyers can the main contractor escape liability based on vicarious liability. Even more critical beyond legal arguments and finance is the 'issue of posterity, how will posterity judge a frontline constructing firm headed by a SAN in a building court rooms? Is excellence so difficult to achieve? After all, even in an atmosphere of mediocrity some-organisations have continued to achieve excellence in the nation, Cappa a D'Alberto in the area of building construction and Julius Berger for Road Construction, so why not Stabilini Visioni for Court room construction when it has a SAN for a Chairman? And where is the place of legacy in all of these?
In the area of staff support for judicial officers, the point must be made that there can be no effective administration of justice, where the increased salaries and conditions of service that judges and magistrates enjoy do not extend to non-judicial staff. With the coming on board of a new Chief Judge who appears to enjoy the support and goodwill of all categories of judicial workers high and low, this is certainly the best time to visit the recurring issue of salaries and conditions of service judicial workers particularly the junior ones. His Lordship should as a matter of urgency take this vexed issue before the state helmsman who coincidentally is not only a lawyer but SAN so that this matter be promptly addressed. To the judicial staff union JUSUN Lagos Chapter should be added the advice that, they must seek their "salvation" within the presently constitutional framework and not allow themselves be led astray by their National Union. Nigeria is presently under a civilian Democracy where things are done in accordance with the 1999 constitution unlike during the military era where things were done in a unitary/uniform manner where the Federal Government could dictate to the State judiciary.
This is not sp now; even if their National body were to agree with the Federal Government and the National Judicial Council on salaries and working conditions such agreements are not binding on any state including Lagos under the principle of Federalism. Neither is the usual rationalisation that "Lagos is rich and can pay" a basis for believing that Lagos State will honour any agreement reached with the Federal authorities.
JUSUN (Lagos) should take its fortune in its hands by negotiating directly and realistically with the Lagos State authorities and not follow blindly the National bandwagon that has produced no results in spite of several strikes in the last 5 years. Talking practically, isn't it time JUSUN (Lagos) asked itself why Federal Judicial Staff and union have not been party but intact sabotaged all agitations by JUSUN National over salaries and conditions in the last few years? A word is enough for the wise.
Finally, and more relevant to this discourse, the provision of constant electricity during office hours for all courts in Lagos State, inspite of the national electricity debacle is most critical for the effective administration of justice particularly at the High Court level in Lagos State.
Whole judicial divisions should not be rendered unproductive for days, urgent proceedings crudely terminated because there is no diesel to power generators, neither should hundreds of cases be adjourned en bloc for electricity related reasons,
The courts remain the last hope of the common man, and Lagos as the Centre of Excellence must extend that undisputed reality to the judiciary despite all odds by ensuring that no matter what electricity is the very last reason why court proceedings should be aborted or adjourned. I am confident that given his direct stake and interest in matters of the judiciary, the guarantee of constant electricity in our courts will be one of the several milestones achieved during the administration of Gov. Babatunde Fashola SAN.
Eko o ni baje o. Judiciary o ni daru o!!!
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