close
Saturday, February 19, 2022

We still hope to fix Nigeria’s broken judiciary: Osinbajo

The vice president chaired a symposium in honour of Bankole Aluko, a legal icon.

• February 19, 2022
Vice President Yemi Osinbajo
Vice President Yemi Osinbajo

Challenges affecting the administration of justice in Nigeria are being addressed and “there is much hope for the positive reform of the system as more result-oriented work is going on and some real changes expected”, according to Vice President Yemi Osinbajo, SAN.

Prof. Osinbajo stated this Friday evening at the 20th year memorial anniversary symposium in honour of a resoundingly successful legal practitioner, Mr. Bankole Olumide Aluko, SAN,  themed, “Administration of Justice: the Ideal Standard, the Nigeria Reality and Our Potential.” 

The Vice President who spoke on the issues of judicial appointments, delays in the dispensation of justice, democracy, and digitization in the judiciary, among others, noted that “the administration of justice system is the foundation of law and order, commerce and democracy.” 

On the delay of justice delivery, the VP submitted that addressing delays should  “involve imposing sanctions by a more intentional regime for the award of adverse and wasted costs.” 

“The court is a taxpayer-funded public resource. The wasting or abuse of its finite time and resources without strict consequence will eventually discredit the system. 

“Adverse costs are paid to the successful party in a civil case and wasted costs are directed against legal practitioners for poor professional standards in the conduct of a case. 

“Severe costs should attend adjournments, there is no greater waste of taxpayer’s funds than for a scheduled case to have to be adjourned. It is only heavy costs that will discourage this malfeasance.” 

He noted that “certainty or predictability of judicial outcomes is one of the major strengths of the common law.” 

Regarding the impact of the law on democracy, Prof. Osinbajo noted that “the democratic rights of the people and their confidence in the notion of a government of the people, by the people, for the people, suffers when the system of electoral justice fails to see itself as a handmaid of the democratic process.” 

Citing the decision of the Supreme Court in the 2019 elections in Zamfara State to buttress his point, the VP noted that “to make sense, judicial decisions and reasoning must in most cases meet the common notions of fairness and justice.

“The system of justice must recognize the larger principles that it serves. In judicial interpretation, the spirit is as important as the letter of the law. Otherwise, judicial decisions become technistic applications far removed from common sense.  

“The notions of justice that would meet public expectations of fairness and equity are those that promote substance over form. The observance of technicality over merit will always alienate the system of justice from the people it is meant to serve.” 

On the expectations from judicial officers, Prof. Osinbajo said “while we ask for the best from our judicial officers, we must equally ensure that the conditions under which they operate are not only befitting but are good enough to attract the best of minds in our profession.” 

In addition, the Vice President said the institution and infrastructure remain key to reforming the system, stating that “the judge is, of course, central to how our system of justice works. It is the court, not counsel that must determine the pace of cases.” 

On the process for judicial appointments, the VP stated that the robustness and transparency of the processes in other jurisdictions “provide comfort to the candidates of the fairness of the selection process; and enable the public to have front-row seat in some of these processes”, arguing that such a process be replicated in Nigeria. 

The VP extolled the late Aluko’s mastery of his craft, highlighted his varied abilities, and praised his contributions to the legal profession in the country. He described him as a truly iconic figure and recalled that “he was always my preferred lawyer.”

Laolu Akande
Senior Special Assistant to the President on Media & Publicity
Office of the Vice President
19th February 2022

More from Peoples Gazette

Economy

Buhari regime will continue to borrow without subsidy removal: Femi Adesina

“You know how much could have been saved if the subsidy was removed and how it could have been diverted to other areas and spheres of national life.

Harry Kane

Sport

Spurs stun City in thrilling encounter to blow open Premier League title race

Manchester City now only have a six point lead over closest challengers, Liverpool, who still have a game in hand.

David Umahi

Politics

Gov. Umahi approves minor cabinet reshuffle in Ebonyi

Special Assistant on Social Development Goals, Ngozi Obichukwu, was moved to Senior Special Assistant on SDGs and Market Development.

Politics

Nigeria in need of rebels to tell Buhari, other leaders hard truths: Obasanjo

Nigeria needs “Those who will look at things straight in the face and say this is not right,” says Mr Obasanjo.

Governor Babajide Sanwo-Olu and Rev. Stephen Adegbite

Politics

CAN promises to sensitise Lagos voters for Sanwo-Olu’s reelection in 2023

CAN says it “has resolved to embark on voter registration and sensitisation drive across the state to bring the project Sanwo-Olu 2023 to fruition.”

Bandits and Zamfara Commissioner of Police, Ayuba Elkana

States

Police rescue 24 victims kidnapped by bandits in Zamfara

The victims, including a seven-month-old baby, were rescued after a fierce gun battle between security operatives and bandits.

Salah, Ziyech and Saka

Sport

Arsenal, Chelsea, Liverpool win to maintain positions on EPL log

The trio managed six combined goals, with Chelsea almost ending with a goalless draw.