Governor Babatunde Fashola (SAN) of Lagos State, today insisted that
continued epileptic supply of electricity in the Lagos State High
Courts has contributed to the delay in the administration of justice in
the state.
The governor also revealed that an investigation
embarked upon by him between 1997 and 2000 shows that some lawyers and
litigants connived with PHCN officials to cause power outage in the
courts in other to delay proceedings.
Speaking at a one-day
conference on "Delay in Justice Administration-Beyond The Rules and The
Law," organised by the state Ministry of Justice in conjunction with the
Nigerian Bar Association (NBA) in the four divisions of the state
judiciary, the governor argued that lawyers are trained to assist their
clients, with a further position that those in legal practice should be
honest enough to restrain their clients from going to court.
Fashola
who questioned that, "What is the value in a judge sitting for hours
over a matter that is not actionable only for the lawyer to be filing
frivolous applications,"? noted that the architectural designs of the
court rooms have also constituted delays in administration of justice.
The
governor said, "In the old court rooms, there was cross ventilation and
day light in the court rooms. So there was no disruption of proceeding
as a result of power outage. I think we should start looking into
designing courtrooms that would have cross ventilation and day lights."
The
state Attorney General (AG) and Justice Commissioner, Ade Ipaye stated
that lawyers and litigants are key players that can either speed up or
slow down the process of adjudication. Other factors noted by Ipaye
includes: judges, court buildings and equipment, court rules of
procedure, court staff and registry, enforcement and custodial
facilities among others, with an addition that all these factors
determine the quality and pace of adjudication.
In order to
reduce trial period, Ipaye maintained that the state established the
Multidoor Courthouse and the inclusion of Alternate Dispute
Resolution(ADR) in the rules of Civil Procedure. The commissioner also
stated that frontlaoding also stemmed the influx of frivolous cases,
saying that in recent times, cases filed at the High Court of Lagos
State has reduced gradually from 6,696 in 2011 to 6,584 in 2012 and to
6,043 in 2013.
He said that the number of cases which now achieve
early settlement has increased due to ADR and the establishment of fast
track courts.
Earlier in his address of welcome, the state
Solicitor General, Lawal Pedro (SAN) pointed out that the mischief of
delay in justice administration will be better appreciated when the
advantages gained by the society is considered. Pedro stated further
that litigation precludes resort to violence and circumvention for
self-help.
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