We will clamp down on lawyers delaying trials- CJN

Worried by the delay in the prosecution of criminal cases in the country, the Chief Justice of Nigeria, Justice Walter Onnoghen yesterday directed heads of Courts to clamp down on both Prosecution and Defence Counsel who indulge in the unethical practice to delay criminal trials.

Justice Onnoghen who warned that the axe will not spare whoever is found wanting however en-joined members of the Bar to shun all tactics and ploys, that constitute clogs in the slow dispensation of justice.

He spoke at the special session of the Supreme court to mark the commencement of the 2017/2018 Legal year and swearing in of newly 29 Senior Advocate of Nigeria at the Supreme Court complex, Abuja.

He said: “Inexplicable and seemingly intractable delay in the administration of justice has been the bane of criminal justice administration.

“In this regard, we have just directed Heads of Courts to clamp down on both Prosecution and Defence Counsel who indulge in the unethical practice of deploying delay tactics to stall criminal trials.

“Heads of Courts are now to report such cases to the NJC which in turn, would transmit them to the Legal Practitioners Privileges Committee, in the case of Senior Advocates, and Legal Practitioners Disciplinary Committee in the case of other Legal Practitioners.

“These delays result in the unfortunate disruption of due process. The Supreme Court, fully cognisant of the role of the judiciary in ensuring that justice is properly served to those who approach the courts, frowns at all forms and appearances of such delays and/or abuse of court processes”.

The CJN said that the Apex court considered a total of 1362 in the 2016/2017 legal year comprising motions, appeals and judgements.
According to his breakdown, the Apex court heard 82 political motions, 675 civil and 208 criminal motions, totalling to 965.

He said that the Court also considered a total number of 394 appeals comprising 96 political, 174 civil, and 124 criminal.

He said, a total of 243 Judgments were delivered by the court in the 2016/2017 legal year pointing out that the feat was made possible by the hard work of judges of the court.

“As we celebrate the increase in case disposal, we should not lose sight of the pending cases in the courts as well as the unresolved disputes or unmet legal needs that reached the courts. This court will therefore continue to strive for speedy disposal of cases that come before it”.

While reaffirming the commitment of the judiciary to uphold the tenets of the Constitution as the supreme law of the land, Justice Onnoghen added that the judiciary will continue to protect the right of every citizen against any form of oppression and impunity.

He said, “it is the sacred duty of this court, and, for that matter every court in this country, to continue to hold dearly in temperament and pronouncement.

“Again, the pronouncements of every court ought to be firmly enforced and complied with, without exception unless such order/pronouncement is varied by proper judicial means.

” It is therefore important to note that any attempt of apparent refusal by certain parties to comply with valid court judgments and pronouncements must be condemned. Disobedience of or non-compliance with judicial orders is a recipe for breakdown of law and order. Such developments are at variance with the principles and tenets of the rule of law in a democratic government”.

On his part, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) in his speech at the ceremony applauded the vigorous process of reforms aimed at re-positioning the nation’s Judiciary to play its constitutional role in a more humane and efficient manner.

Malami also said that Justice Onnoghen’s Circular on Practice Direction dated May 28, 2017 on the compulsory enforcement of Arbitration provisions in contracts by the courts in order to promote faster commercial dispute resolutions and foster greater confidence in the judicial system by domestic and foreign investors.

The AGF said, the directive will stimulate commercial transaction in Nigeria and also support the vision of the Federal government to promote economic development and growth.

“Directives on designation of special courts solely for the purpose of hearing and speedy determining of corruption cases is highly commendable”, he said and added that the federal government will do whatever it takes within the context of the provided precedent to ensure peace and security of the nation in the sustenance of our democracy.

He promised to ensure that all executive branch institutions always acknowledge and respect the fact that the Judiciary is pivotal to the maintenance of law and order, and must be fully supported to discharge that mandate.

Also, Chief T.J Onomigho SAN,who spoke on behalf of the of the Body of SAN’S at the occasion said, the prosecution of many criminal cases in the country keep failing because of the apprehension of witnesses of the danger of appearing openly in court to testify as their safety thereafter may not be guaranteed by the State.

Okpoko who noted that it is the duty of the government to protect lives and properties of its citizens, also observed that current government activities and designed to apprehend criminals instead of preventive measures.

He charged the newly sworn in SAN’S to give total loyalty to the administration of justice, be in words and action and remain dedicated to members of the NBA.