The Deputy ViceChancellor(Administration) of Olabisi Onabanjo University (OOU), Ago-Iwoye, Prof. Charles Adekoya, has warned that corruption in the administration of justice in Nigeria and the failure to protect the rights of the poor in their quest for justice could lead to large-scale protest similar to the EndSARS.
Adekoya, who is a Professor of Law, canvassed the reforming of the nation’s justice system to make judicial proceedings generally simple, speedy and inexpensive as well as increase in funding for legal aid for the sake of the poor.
He gave the warning while delivering the 103rd OOU Inaugural Lecture of the University on Tuesday, 13th December, 2022 at the Otunba Gbenga Daniel Lecture Theatre, Main Campus, Ago-Iwoye.
The Lecture entitled, “Betrayal of the Poor in Accessing Justice in Nigeria: The Judas in our Midst,” was chaired by the Vice-Chancellor of the University, Prof. Ayodeji Agboola.
Prof. Adekoya, who bemoaned the humongous challenges in accessing justice in Nigeria, advocated the establishment of branches of the Supreme Court in the six geopolitical zones of the country to ease the workload of the apex court and bring it closer to the people.
The Inaugural Lecturer also demanded the scrapping of the Court of Appeal to reduce the layers of courts to be traversed in the search for justice.
The don noted that though the issue of lack of access to justice for the poor is not peculiar to Nigeria, the huge gap in the country was of great concern and should be addressed by relevant stakeholders.
He argued that if the prevailing situation was not addressed by relevant stakeholders, the poor could raise their voice against the society and resort to violent acts such as the EndSARS protest in October, 2020.
Adekoya said, “It seems we have lost empathy for the poor and have left them to their fate through our nonchalance to the abuses and debasement of their rights, but the question is: can we stand the forced and aggressive voice of the poor if raised against the society when they break loose from a prolonged gag?
“Let us recall what happened during EndSARS protest in October, 2020 when among other violent acts, some court premises were violated and courtrooms torched with files, judges’ robes and wigs stolen! This was an unmitigated desecration of the hallowed temples of justice which no one ever imagined could happen.”
“The cost of a forced voiced on the government, the elites, the political class and the general society could be too egregious and costly to bear. This is an early warning that the inferno of a raised voice has the vitality to consume us or threaten the very fabric of the society. This is the inevitable end if the status quo continues.”
The erudite scholar bemoaned the incidence of corruption and sharp practices in the administration of the justice system in Nigeria, saying the Bar and the Bench, as critical stakeholders, must frontally confront the negative practices that had corroded the justice system.
According to him, corruption is real and takes many forms in the administration of the justice system in the country.
Adekoya contended that the police and judicial officers, who were expected to be the protectors of justice, have been found in many jurisdictions to be most corrupt, thus hampering justice delivery and subverting the entire formal legal system.
“The effect of corruption in the civil justice system is mostly felt by the poor in their bid to enforce their rights which makes them drop off the journey at the very early stages thus making them to hand over their matters to God or seek help from the informal justice system,” he added.
The don posited that the poor and the vast majority of the disadvantaged members of the society have been betrayed in the quest for justice, stressing that government and others concerned should collectively take urgent steps to help the less fortunate in accessing justice.
He further said, “When there is corruption in the judicial system or when is perceived to exist, the courts will lose the ability to fulfil their role as the guarantors of legal tranquility and social order because when there is lack of trust in the court, people tend to disobey the law which subverts the rule of law.”
“The Nigerian Bar Association (NBA) as an association and individual members need to show more commitment to the protection of human rights and the rule of law, especially in favour of the poor and socially disadvantaged. If we have more Nigerians lifted out of poverty, their situation will improve economically and socially, and lawyers would in turn have more patronage.”
In recommending the scrapping of the court of appeal, Adekoya said cases from High Courts and courts of coordinate jurisdiction would have to go straight to the Supreme Court.
His words: “Branches of the Supreme Court can be created in the six geopolitical regions of the country to ease the workload in addition to the one in Abuja. However, there will be the need to reorganise and strengthen the Supreme Court to reduce workload that will flow from the High Courts and courts of coordinate jurisdiction.
“In India, with a population of 1.37 billion in 2022 there is no Court of Appeal between the High Court and the Supreme Court, and appeals in all matters, civil criminal and other proceedings lie from the High Court to the Supreme Court. There is no Court of Appeal in South Africa. This will shorten the judicial ladder and bring the apex court closer to the people.”
The Deputy Vice-Chancellor also called for reforms in the civil procedure rules to make it zero-tolerant of any form of delays designed to unnecessarily slow down the administration of justice by imposing heavy costs against counsels found wanting, including striking them off the roll of lawyers.
He said, “The major problems plaguing the legal profession and the judicial system seem to be from within. It becomes pertinent to ask the question: who among us is the Judas responsible for the betrayal of the poor by making justice an impregnable fortress for the masses either through our actions or inactions?
“Is it the judges, the lawyers, the defendants, court officials, the legal educators or the system or a combination of these? Irrespective of our perception of who the Judas is, it is crucial that all the critical stakeholders should be deeply concerned about our justice system that seems not to be working.”
The professor declared that there was need for government at all levels and stakeholders in the justice sector to prioritise access to justice by closing the justice gap through the removal of all obstructions to access it.
“Concrete steps must be taken to ensure easy, cheap, flexible and effective access to justice. Under international law and the United Nations Charter, the government of Nigeria has the obligation to ensure access to justice by everyone within its borders such that all impediments inhibiting access to the poor and disadvantaged members of the society are removed,” he submitted.
Adekoya equally called for the incorporation of the non-formal dispute resolution mechanisms into the formal justice system to make it more effective and reliable as part of his recommendations to the multilayered issues affecting access to justice in the country.
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