The Nigerian Bar Association Section on Public Interest and Development Law (NBA SPIDEL) held its National Conference from 20-23 June 2023. The Three-Day Conference which took place at the Citadel Event Center Oregon-Ikeja, Lagos had in attendance private legal practitioners as well as participants from the civil society and the various arms of the government - the Executive, the Legislature and Judiciary. The conference was well attended. The content of the conference was very rich and it provided opportunity to explore critical issues relating to the theme of the conference. The speakers at the conference and participants had robust discussions and made the following observations and recommendations on issues of elections and administration of justice in Nigeria.
OBSERVATIONS/ RECOMMENDATIONS
Participants at the conference: Agreed that in the aftermath of the 2023 elections, there is a huge task of sustaining the trust and confidence of the general public in the judiciary and this can be achieved by ensuring that justice is served in the process of resolving electoral grievances currently before election tribunals.
Affirmed the huge grave responsibility bestowed upon the judiciary is to interpret the law and the expectations of the good people of Nigeria that the judiciary will deliver on this
responsibility with diligence, maintaining the integrity of the judiciary whilst ensuring that the will of the majority is not substituted with the will of the minority.
Agreed that the Bench and the Bar are both made up of lawyers, an indictment of the Bench affects the Bar as such all lawyers both in the Bench and the Bar should collectively
work assiduously to ensure the protection of the integrity of the legal profession.
Stated that the Bench and the Bar do not work for themselves. As ministers in the temple of Justice All Lawyers should work in the interest of justice and their role must serve the
interest of justice.
Emphasized the importance of the Bar to the sustenance of rule of law and democracy. Bemoaned the activities of some Politicians while calling on them to desist from over burdening of the judiciary with post-electoral disputes and increasingly making the judiciary the determinant of election results.
Called for better effective utilization by the judiciary of the opportunities of training received from National Judicial Institute over the years to address whatever capacity needs required to deliver on the very important National assignment of resolving electoral disputes.
Acknowledged that justice at all times should be dispensed in accordance with the provisions of the law.
Encouraged the Judiciary to showcase itself as thoroughly independent and courageous in dispensing electoral justice without fear or favor especially now that Nigerians are looking
up to the courts for the correction of whatever May have gone wrong in the 2023 elections.
Emphasized the urgent need for all stakeholders in the Justice system to provide support to NBA and SPIDEL in their efforts to provide public interest services.
Reiterated the importance of the autonomy and independence of The Judiciary in its true sense and this must include especially financial independence and appointment based on
merit and not at whims and caprices of the executive.
Acknowledged some of the limitations already identified in the legal framework guiding elections in Nigeria, however, recommended that beyond addressing the legislative issues,
more work should be done around the attitude of the implementers of the laws, politicians and the general public. We should respect and not treat our laws with disdain and impunity.
Agreed that to move our democracy and its processes forward, Nigeria must revisit the UWAIS report and ensure implementation of the recommendations made for elections.
Lamented the incessant allegations of infractions in our Justice system and stated that when Justice is sold or available to be sold injustice prevails.
Called for the un-bundling of INEC given the many allegations that challenge its independence and non-partisanship.
Revisit the status of INEC and the process of its participation in electoral tribunals in Nigeria.
Condemned the attitude of Lawyers who are contributing more to the subversion of the electoral process and recommended accountability and sanctions of lawyers who
sabotage the electoral process.
Condemned the attitude of prioritizing election matters over every other matter in Nigerian courts to the detriment of ordinary Nigerians whose freedom may be at stake in
a criminal matter or those that may suffer irreparable loss in civil matters.
Communicated that the National Assembly lacks the vires to fix the salary of members of the senate and house of Representatives. Only the fiscal revenue Allocation Mobilization
Committee is empowered to carry out such duties.
Lamented the negative role poorly organized Political parties’ primaries play in igniting Nigerian electoral woes and recommended
better managed and monitored Party Primaries.
Lamented the corruption that exists within the administration of criminal Justice, bemoaned the negative effect on inmates and the perennial problem of congestion of
custodial center and called on lawyers to act as ministers in the temple of Justice and support the effective implementation of the innovative provisions of Nigerian criminal laws
such as Section 12 (4-12) of the Nigerian Correctional Service Act 2019, the Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws applicable in many
States are effectively implemented.
Made arguments for televising proceedings at the electoral tribunal in the interest of the public and as a human Rights Issues.
Integrity and Character of practitioners are critical to the survival of the legal profession as such ethics and values should for part of the training of lawyers.
It is important to address the issue of difficulty in enforcing Judgment against public institutions, especially for public interest litigation as this is contributing to public loss of
interest in judicial processes.
Searchlight should be beamed on the activities of support staff of judicial officers as some of them paint the judiciary in very bad light.
Emphasized the role technology can play in giving Nigeria a better electoral process and get need for capacity of stakeholders to be built around this.
The need to review and improve the method of appointment and the remuneration of judges in Nigeria.
Called for proper funding of Justice institutions in Nigeria.
Called on all stakeholders to join hands with NBA-SPIDEL in its continued efforts on promotion of public interest and development law in Nigeria.
Encouraged all support the effective implementation of all the recommendations stated above.
Dr Monday Onyekachi Ubani
Chairman
NBA-SPIDEL
Okey Leo Ohagba
Chairman, Conference Planning Committee (CPC)
NBA-SPIDEL 2023 Annual Conference