Reforms improve the Legal Profession. This is one reason why the
Constitutional Review Committee or any other similar committee is
set up to introduce recommendations that will be of immense
benefits in improving the current state of the profession. But what
happens when sound recommendations are sometimes treated as
triviality or perhaps forgotten? This may be fate of the Report of
the Bar/Judiciary Committee of the NBA, Ilorin Branch.
In this exclusive report, the judiciary committee listed
out some recommendations that are not only interesting but may
stand the test of time if eventually implemented.
1. PREAMBLE:
This committee was set up at the monthly meeting of the NBA Ilorin
Branch held on 25th May, 2016. Members of the committee are:
Sir J.S. Bamigboye, SAN ………. Chairman
Olateju K. Taofiq Esq. ………. Member
Olorunisola Olasunkanmi Esq. ….…… Member
Dr. R.O. Abdulkadir ………. Member
Olayemi Shittu (Mrs.) ………. Member
Wahab Ismail Esq. ………. Member
Ibrahim Toyin Jimoh Esq. ………. Member
Oluronke Adeyemi (Mrs.) ………. Secretary
The Committee met and deliberated on the terms of reference
given to it and has come up with the following report and
recommendations.
a. Court Rooms: Members raised the issue of the deplorable
conditions of most of our court rooms which are quite embarrassing.
Court rooms at Offa, Omu-Aran, Bode Saadu, Oloje, Akerebiata, Pake,
Ganmo and some even at the headquarters are in very bad shape and
unfit for legal practice. The committee suggests that the NBA
should recommend the following to the leadership of the
Judiciary:
i. That all the courtrooms should be given a face lift.
ii. That cleaners be employed and supervised to ensure cleanliness
of these courts at all times.
iii. The locations of the courts at Oloje, Centre Igboro, Ganmo and
Pake are not conducive for legal proceedings and the courts should
be relocated to more conducive locations.
iv. That the Judiciary should be given a time frame of six months
to relocate the said courts or we boycott proceedings in such
courts.
v. The court at Akerebiata should be renovated. The compound needs
proper drainage as well as concrete floor. It is recommended that
the NBA can assist with the renovation of this court as a social
responsibility and to encourage the judiciary.
b. Service of Process By Bailiffs:
The idea of haggling with the bailiffs on fees for service was
condemned. It is hereby suggested that the Judiciary and the Bar
should work out a realistic bill of charges for service of court
processes which will be payable to the treasury and the bailiffs
mobilized by the Judiciary to effect the service. That way, the
lawyers have no need to contact the bailiffs except to provide a
pointer if required.
c. Commissioners for Oaths: It was observed that Judiciary Staff
who act as Commissioners for Oath are too many. This gives room to
all kinds of shady practices. It was observed that there are no
records of affidavits deposed to at the court making it difficult
to authenticate the genuiness of filed affidavits. It was suggested
that the office ofthe Commissioner for Oaths be streamlined and
copies of affidavits sworn to at the court be retained to check
proliferation of fake affidavits.
d. Improper Dressing by Judicial officers and other members of
Staff: It was observed that the dressing of some judicial officers
and court registrars are not in conformity with the demands of this
profession. Some wear bright coloured shirts and dresses to sit in
court. Court Registrars come in all manners of dresses like jeans,
T Shirts, leggings etc. It is suggested that a dress code should be
made and enforced for members of staff of the Judiciary to give
more respectability to the courts.
e. Dressing by Lawyers: A dress code enforcement committee of
the NBA should be set up to ensure that Lawyers are properly
dressed for court appearances and Bar meetings. Lawyers wearing
slippers, sandals and coloured shirts/dress to court should not be
condoned. We recommend that the Chief Judge pass a circular to all
courts that lawyers that are not properly dressed should not be
given audience in the courts, while lawyers that are not properly
dressed to Bar meetings should also not be given audience at such
meetings. We also urge the Bar to bring it to the knowledge of our
colleagues that wearing of bibs and any kind of display of wigs and
gowns are only for the court and not around town or on the
dashboard of our cars.
f. Applications for Orders, Rulings and Judgements: The impunity
with which court clerks, Registrars and typists ask for money
before making available copies of hearing notices, orders, rulings
and judgement was discussed. It has indeed reached an alarming
proportion.
The position of the 1999 constitution in S 294(1) is that rulings
and judgements be delivered within ninety days after the conclusion
of evidence and final addresses and the court must furnish all
parties to the cause or matter determined with duly authenticated
copies of the decision within seven days of the delivery thereof.
This was the practice in this jurisdiction until a few years ago.
It is sad to note that while the courts comply with the first part
of this law by delivering judgement within ninety days of final
addresses, the other part of making copies of the decision
available within seven days is no longer complied with. This has
gone a long way in encouraging extortion of litigants and parties
by court officials who charge unreasonable fees before making the
copies available. Part of the reasons given for this unwholesome
practice by some registrars range from lack of stationeries to
inability to read the handwriting of the judge/magistrate thereby
necessitating the need to take the judgements to business centers
to type out. It was suggested that the constitutional requirements
should be strictly adhered to. All necessary facilities for the
production of hearing notices, orders, rulings and judgement should
be made available by the judiciary. Our honourable judges and
magistrates should ensure that typed copies of their rulings and
judgements are made available to parties as required of them by the
law in order to avoid the unpleasantness and embarrassment that
will attend a petition being written against them by an aggrieved
party. It is important to note that it is the head of such a court
that will be called to question and not the supporting staff. We
recommend that the leadership of the Bar take this matter up with
the Honourable Chief Judge.We also recommend in the alternative
that if it is not possible (for economic reasons) for the documents
to be made available free of charge, appropriate fees should be
fixed for payment to the treasury to get the documents.
g. Training of Judiciary Staff: Magistrates, Area Court judges
and other court officials should have periodic trainings organized
for them in conjunction with NBA to sharpen their skills and
enhance productivity.
h. Lateness of courts in sitting: It was observed that some
judicial officers have developed the habit of sitting late
constantly without any regard for the appropriate time of court
sittings or apology or explanation to members of the Bar.
It is recommended that if any court does not sit by 9.15am (except
where courtrooms are being shared) and there is no message from the
Judge, Magistrate or Area Court Judge, the most senior lawyer in
court should lead others to walk out on such a court.
i. High Court Offa: It was observed that the Judge at the Offa
High Court was on National assignment for about one year paralyzing
the court. It was recommended that another judge be transferred to
Offa while the idea of the sole judge sitting in a jurisdiction
going on national assignment should be seriously discouraged.
j. Lack of Etiquette among lawyers:The lack of respect and
etiquette by our junior colleagues was also discussed. Some juniors
have no respect for seniors, very rude in conduct and speech to
their colleagues as well as even to the court at times. Some are so
bad that it is difficult to believe they are lawyers. The Bar
should not hesitate to deal with such bad eggs.
k. NBA Seal: Lawyers should desist from the habit of giving
their seals to lawyers who have no seals so that we will not be
aiding fake lawyers. Any law office where no lawyer in the office
has a seal should be closed down. Our colleagues should raise
objections to lawyers using other lawyer’s seals or using any
suspicious seal. The idea of lawyers selling their seal to land
agents or anyone whosoever should be treated as a professional
misconduct and appropriate actions taken against such a member.
Sir J.S. Bamigboye SAN
Chairman
Oluronke Adeyemi (Mrs.)
Secretary
Reforms improve the Legal Profession. This is one reason why the
Constitutional Review Committee or any other similar committee is
set up to introduce recommendations that will be of immense
benefits in improving the current state of the profession. But what
happens when sound recommendations are sometimes treated as
triviality or perhaps forgotten? This may be fate of the Report of
the Bar/Judiciary Committee of the NBA, Ilorin Branch.
In this exclusive report, the judiciary committee listed
out some recommendations that are not only interesting but may
stand the test of time if eventually implemented.
1. PREAMBLE:
This committee was set up at the monthly meeting of the NBA Ilorin
Branch held on 25th May, 2016. Members of the committee are:
Sir J.S. Bamigboye, SAN ………. Chairman
Olateju K. Taofiq Esq. ………. Member
Olorunisola Olasunkanmi Esq. ….…… Member
Dr. R.O. Abdulkadir ………. Member
Olayemi Shittu (Mrs.) ………. Member
Wahab Ismail Esq. ………. Member
Ibrahim Toyin Jimoh Esq. ………. Member
Oluronke Adeyemi (Mrs.) ………. Secretary
The Committee met and deliberated on the terms of reference
given to it and has come up with the following report and
recommendations.
a. Court Rooms: Members raised the issue of the deplorable
conditions of most of our court rooms which are quite embarrassing.
Court rooms at Offa, Omu-Aran, Bode Saadu, Oloje, Akerebiata, Pake,
Ganmo and some even at the headquarters are in very bad shape and
unfit for legal practice. The committee suggests that the NBA
should recommend the following to the leadership of the
Judiciary:
i. That all the courtrooms should be given a face lift.
ii. That cleaners be employed and supervised to ensure cleanliness
of these courts at all times.
iii. The locations of the courts at Oloje, Centre Igboro, Ganmo and
Pake are not conducive for legal proceedings and the courts should
be relocated to more conducive locations.
iv. That the Judiciary should be given a time frame of six months
to relocate the said courts or we boycott proceedings in such
courts.
v. The court at Akerebiata should be renovated. The compound needs
proper drainage as well as concrete floor. It is recommended that
the NBA can assist with the renovation of this court as a social
responsibility and to encourage the judiciary.
b. Service of Process By Bailiffs:
The idea of haggling with the bailiffs on fees for service was
condemned. It is hereby suggested that the Judiciary and the Bar
should work out a realistic bill of charges for service of court
processes which will be payable to the treasury and the bailiffs
mobilized by the Judiciary to effect the service. That way, the
lawyers have no need to contact the bailiffs except to provide a
pointer if required.
c. Commissioners for Oaths: It was observed that Judiciary Staff
who act as Commissioners for Oath are too many. This gives room to
all kinds of shady practices. It was observed that there are no
records of affidavits deposed to at the court making it difficult
to authenticate the genuiness of filed affidavits. It was suggested
that the office ofthe Commissioner for Oaths be streamlined and
copies of affidavits sworn to at the court be retained to check
proliferation of fake affidavits.
d. Improper Dressing by Judicial officers and other members of
Staff: It was observed that the dressing of some judicial officers
and court registrars are not in conformity with the demands of this
profession. Some wear bright coloured shirts and dresses to sit in
court. Court Registrars come in all manners of dresses like jeans,
T Shirts, leggings etc. It is suggested that a dress code should be
made and enforced for members of staff of the Judiciary to give
more respectability to the courts.
e. Dressing by Lawyers: A dress code enforcement committee of
the NBA should be set up to ensure that Lawyers are properly
dressed for court appearances and Bar meetings. Lawyers wearing
slippers, sandals and coloured shirts/dress to court should not be
condoned. We recommend that the Chief Judge pass a circular to all
courts that lawyers that are not properly dressed should not be
given audience in the courts, while lawyers that are not properly
dressed to Bar meetings should also not be given audience at such
meetings. We also urge the Bar to bring it to the knowledge of our
colleagues that wearing of bibs and any kind of display of wigs and
gowns are only for the court and not around town or on the
dashboard of our cars.
f. Applications for Orders, Rulings and Judgements: The impunity
with which court clerks, Registrars and typists ask for money
before making available copies of hearing notices, orders, rulings
and judgement was discussed. It has indeed reached an alarming
proportion.
The position of the 1999 constitution in S 294(1) is that rulings
and judgements be delivered within ninety days after the conclusion
of evidence and final addresses and the court must furnish all
parties to the cause or matter determined with duly authenticated
copies of the decision within seven days of the delivery thereof.
This was the practice in this jurisdiction until a few years ago.
It is sad to note that while the courts comply with the first part
of this law by delivering judgement within ninety days of final
addresses, the other part of making copies of the decision
available within seven days is no longer complied with. This has
gone a long way in encouraging extortion of litigants and parties
by court officials who charge unreasonable fees before making the
copies available. Part of the reasons given for this unwholesome
practice by some registrars range from lack of stationeries to
inability to read the handwriting of the judge/magistrate thereby
necessitating the need to take the judgements to business centers
to type out. It was suggested that the constitutional requirements
should be strictly adhered to. All necessary facilities for the
production of hearing notices, orders, rulings and judgement should
be made available by the judiciary. Our honourable judges and
magistrates should ensure that typed copies of their rulings and
judgements are made available to parties as required of them by the
law in order to avoid the unpleasantness and embarrassment that
will attend a petition being written against them by an aggrieved
party. It is important to note that it is the head of such a court
that will be called to question and not the supporting staff. We
recommend that the leadership of the Bar take this matter up with
the Honourable Chief Judge.We also recommend in the alternative
that if it is not possible (for economic reasons) for the documents
to be made available free of charge, appropriate fees should be
fixed for payment to the treasury to get the documents.
g. Training of Judiciary Staff: Magistrates, Area Court judges
and other court officials should have periodic trainings organized
for them in conjunction with NBA to sharpen their skills and
enhance productivity.
h. Lateness of courts in sitting: It was observed that some
judicial officers have developed the habit of sitting late
constantly without any regard for the appropriate time of court
sittings or apology or explanation to members of the Bar.
It is recommended that if any court does not sit by 9.15am (except
where courtrooms are being shared) and there is no message from the
Judge, Magistrate or Area Court Judge, the most senior lawyer in
court should lead others to walk out on such a court.
i. High Court Offa: It was observed that the Judge at the Offa
High Court was on National assignment for about one year paralyzing
the court. It was recommended that another judge be transferred to
Offa while the idea of the sole judge sitting in a jurisdiction
going on national assignment should be seriously discouraged.
j. Lack of Etiquette among lawyers:The lack of respect and
etiquette by our junior colleagues was also discussed. Some juniors
have no respect for seniors, very rude in conduct and speech to
their colleagues as well as even to the court at times. Some are so
bad that it is difficult to believe they are lawyers. The Bar
should not hesitate to deal with such bad eggs.
k. NBA Seal: Lawyers should desist from the habit of giving
their seals to lawyers who have no seals so that we will not be
aiding fake lawyers. Any law office where no lawyer in the office
has a seal should be closed down. Our colleagues should raise
objections to lawyers using other lawyer’s seals or using any
suspicious seal. The idea of lawyers selling their seal to land
agents or anyone whosoever should be treated as a professional
misconduct and appropriate actions taken against such a member.
Sir J.S. Bamigboye SAN
Chairman
Oluronke Adeyemi (Mrs.)
Secretary