Senate moves to improve litigation process

…Holds hearing on National Reconciliation Bill, others

The Senate President, Senator Bukola Saraki, has stressed the need for Nigeria to make its litigation process less cumbersome and guarantee the swiftness of getting dispute resolutions through arbitration and conciliation.

Saraki made the call on Monday during a public hearing organised by the Senate Committee on Judiciary, Human Rights and Legal Matters on four Bills.

The bills included National Commission for Peace Reconciliation (Establishment etc) Bill, 2017, sponsored by Senator Shehu Sani; Revised Laws of the Federation Bill 2017 sponsored by Senator David Umaru; Emergency powers Act, 1966 Bill, sponsored by Senator John Owan Enoh; and Arbitration and Conciliation Act Cap. A18FLN 2004 (Amendment Bill 2017) sponsored by Senator Monsurat Sumonu.

Commending the Bills’ sponsors as well as thanking members of the Committee for organising the public hearing, Saraki decried the absence of a timeframe for the conduct of the codification of the country’s laws and the prevailing practice, noting that the situation whereby the National Assembly is required at all times to pass a law to approve every compilation is uncoordinated and makes it very difficult for lawyers and constitutional researchers to keep tabs with the existing laws in operation.

On a Bill seeking an amendment to the Arbitration and Conciliation Act 2004, the Senate President observed that Arbitration has become the modern way of dispute resolution and that it is important for Nigeria to tweak its own law to update her statutes in order not to be left behind by the international community.

He further explained that with increased potential for disputes arising from increased foreign and local investments in Nigeria, “it is very important we make our litigation process less cumbersome and guarantee the swiftness of getting dispute resolution through arbitration and conciliation.”

The National Commission for Peace and Reconciliation Establishment Bill as proposed by the sponsor which seeks to establish an administrative mechanism for creating bonds, unity and reconciliation, according to the Senate
President, will go a long way in dousing pockets of tension and violence in different parts of the country as well as stemming the tide of disenchantment and secession against the Nigerian state.

He reminded Nigerians and all stakeholders that the onus lies on all to admit whether or not the establishment of a commission of this sort with accordant powers to grant amnesties for serious violations of Human rights rather than adopting punitive measures is the best way to ensure a peaceful coexistence among various ethnic groups and individuals living in Nigeria.

The Senate President also explained that the emergency power Bill has nothing to do with removal of State Governors and appointment of Sole Administrators during a State of Emergency.

Under the present constitutional arrangement as contained in section 188 of the 1999 Constitution of the Federal Republic of Nigeria, an elected State Governor can only be removed or cease to hold office by impeachment, resignation, permanent incapacitation, death and by expiration of tenure. Any attempt to remove an elected State Governor under the guise of “declaration of state of emergency” will be undemocratic and unconstitutional,” he said.

Speaking earlier, Chairman of the Committee, Senator David Umaru, said that the National Commission for Peace and Reconciliation Bill will provide for the Commission if established to coordinate all intervention efforts and distribution of relief materials to all conflict affected areas and communities across the Federation. It will also provide the framework for managing Peace and resolving all internal conflicts in Nigeria.

Umaru also explained that the Bill on the Revised Laws of the Federation will ensure the collection and codification of laws and ensure ease of reference by all and sundry.

He said: “The Bill seeks to make it mandatory for the periodic review of the laws of the nation at a period of ten years from the year it was last revised or such earlier period where necessary as would be prescribed by the Attorney General of the Federation, as against the existing process which is vide Government policy that merely provides for the review of the laws of the Federation at the discretion of the AGF.