Friday, 30 August 2024 05:16

[OPINION] X-raying Governor Mbah’s Strides in the Justice Sector - Ekene Nwanjoku

Since he assumed office on the 29th of May, 2023, Governor Peter Mbah has done tremendously well in touching all sectors in line with his disruptive innovation mantra. Many of these achievements are known and felt, while some are felt but not widely recognised. One of the sectors that forms part of the latter is the justice sector.

It is well known that without a viable legal framework, businesses will not thrive, as investors will lack the necessary confidence to invest. This could hinder the state’s vision of exponentially growing the state’s GDP from $4.4 billion to $30 billion, hence, the significance of the governor’s effort in  laying the groundwork for sustainable growth through the justice sector.

To begin with, the administration’s first success in this sector starts with Mbah’s deep knowledge of the justice sector as a senior lawyer himself, coupled with the choice of Dr. Kingsley Tochi Udeh as the state’s Attorney General and Commissioner for Justice complemented by Osinachi Nnajieze as Special Adviser to the Governor on Legal Matters. This triumvirate has seen to the palpable revolutionalisation.

In the last one year, the administration has facilitated and presented over 18 groundbreaking executive bills to the Enugu State House of Assembly, 15 of which have been passed into law. This proactive legislative agenda underscores the governor’s commitment to enhancing legal frameworks and promoting good governance within the state. The passing of these bills represents a significant milestone in ensuring that Enugu State’s legal and administrative structures are robust, responsive, and reflective of contemporary needs.

Some of the executive bills are the Enugu State Electricity Law, 2023; Enugu State Geographic Information Systems Service Law, 2024; New Enugu City Management Agency Law, 2024; State University of Medical and Applied Sciences Teaching Hospital Igbo-Eno Law, 2024; Enugu State Properties Protection Law, 2024; Public Ranch Management Agency Law, 2024; Enugu State Environmental and Climate Protection Law, 2024; Enugu State Sports Development Fund Law, 2024; Neighbourhood Association and Watch Group Law, 2024; Enugu State College of Nursing Sciences Parklane and Awgu Bill, 2024, among others.

In addition to these new laws, five forward-looking Executive Orders have been promulgated, which provide the necessary legal backing for various government policies and initiatives. By issuing these Orders, Governor Mbah has demonstrated an adept understanding of governance nuances and the importance of swift and decisive actions in addressing the state’s developmental challenges. These Orders have laid the groundwork for several key initiatives, enabling the government to respond promptly to emerging issues and ensuring that the state’s machinery operates smoothly.

The Governor has been aggressive in attracting business, investment, and developmental partnerships, which have been followed by speedy drafting of transaction documentation and closing of numerous deals in record time. Thus, this government has signed and is implementing hundreds of agreements and memorandum of understanding geared towards the development of all sectors and sections of the state. Little wonder work is going on at every nook and cranny of the state, in the city and rural areas. People have observed that Enugu has literally turned to a construction site. Much more is still in the works. The legal frameworks and transaction instruments made by the administration are deliberately of international standard, fair, and protect the interest of all parties involved.

The reactivation of the Citizen’s Rights and Mediation Centre (CRMC) forums in the 17 Local Government Areas of Enugu State stands out as a people-centric achievement. These centres play a critical role in Alternative Dispute Resolution, ADR, offering a platform for resolving conflicts amicably, swiftly, and equitably without recourse to protracted court cases. This is particularly important to the rural populace, which will be largely without remedy if costly litigation were the only available channel. By revitalising these centres, the Governor has equally alleviated the burden on the judicial system and promoted a culture of peace and dialogue among the residents.

The digitalisation, digitisation, and automation of the justice sector have been prioritised in an effort to modernise the state’s judicial processes. This initiative aims to enhance efficiency, reduce case backlogs, and improve overall access to justice. By leveraging technology, the administration is streamlining various judicial processes and making it easier for citizens to access legal services and information. The automation of the judiciary ensures that cases are processed faster, records are kept more accurately, and judicial officers can perform their duties more effectively. This is a testament to Governor Mbah’s vision of a modern, efficient, and transparent judicial system.

In line with his manifesto, the governor laid the groundwork for the creation of specialised courts for unimpeded access to justice for all. These courts will be presided over by experts in the specialised areas, to optimise the quality of the determination of issues, the speed of dispensation, and the wholesomeness of outcomes. Some of these specialised courts are the Small Claims Court for quick dispensation of cases involving claims of One Million Naira or less; Commercial Court, which deals with Commercial, Contracts, Revenue, and Fast-track matters); Probate and Family Court, dealing with probate, matrimonial causes, and family matters; Criminal Court, which is responsible for criminal cases involving sentences above 14 years, including life and death sentences; and Lands (or Real Estate) Court.

The administration is also working on law reporting and publication, while continuously compiling judgments of the High Court. This initiative is crucial for maintaining a comprehensive and up-to-date repository of legal precedents from trial courts, which serve as a valuable resource for legal practitioners, scholars, and the judiciary. The systematic compilation and reporting of High Court judgments enhance the consistency and predictability of courts’ decisions, thereby strengthening the rule of law. This forward-looking approach ensures that legal professionals have access to accurate and timely legal authorities, which are essential for effective legal practice.

Training of legal officers on law reporting and legal drafting has been another cornerstone of Governor Mbah’s justice sector reforms. These training programmes are designed to enhance the skills and competencies of legal officers, ensuring that they are well-equipped to handle the complexities of modern legal practice and match the demands of the current innovative administration. This initiative improves the quality of legal services provided to the public and fosters a culture of excellence and professionalism within the Ministry of Justice.

In collaboration with the Enugu State Multi-Door Courthouse, Governor Mbah is sponsored a training programme on mediation skills for law officers. This training equips legal officers with the skills and techniques necessary for effective mediation, which is a critical component of alternative dispute resolution. It is noteworthy that with the concurrence of partners and contractors, most agreements and other transaction documents executed by this administration have mediation as their dispute resolution option. By promoting mediation, the administration is offering a viable alternative to litigation, which can be time-consuming and costly. Mediation provides a more amicable and efficient means of resolving disputes, thereby reducing the caseload of the courts and fostering a more harmonious society. This initiative underscores the administration’s commitment to innovative and practical solutions to business and social problems.
The establishment of a virtual hearing centre at the Ministry of Justice, in addition to the boosting virtual hearing capabilities of the High Court is a groundbreaking achievement. The virtual hearing centre is particularly significant coming from the recent experience of COVID-19 pandemic, which necessitated the adoption of remote working arrangements. By embracing digital transformation, Governor Mbah administration has ensured that the wheels of justice keep turning, even in challenging circumstances.

In line with its commitment to supporting witnesses in legal proceedings, especially in criminal prosecution, the administration established a Witness Support Unit at the Ministry of Justice. This unit provides essential support services, including counseling, protection, and logistical assistance. By addressing the needs and concerns of witnesses, the witnesses can fully and more participate in legal proceedings. This in turn  enhances criminal justice administration, which has a multiplier effect on security of lives and property.

A holistic revision of the entire laws of Enugu State is currently ongoing. The last time this was done was over 20 years ago. The revision is aimed at ensuring that the legal framework is up-to-date, coherent, and responsive to contemporary needs. This comprehensive revision involves scrutinising existing laws, identifying areas for improvement, proposing necessary amendments, consolidating laws and their amendments scattered in various legislation, harmonising conflicting provisions, publishing the laws as a set of compendium of laws, etc. This initiative ensures that the Laws of Enugu State are aligned with best practices and capable of addressing the evolving needs of the society.

The successful prosecution of cases, both civil and criminal, has been a notable achievement of the administration. Securing favorable judgments and decisions for the government not only reinforces the rule of law but also contributes to the state’s developmental trajectory and security drive. Many of these successful cases have been achieved ADR and consent judgments, which are less adversarial and more collaborative. This approach expedites the resolution of disputes, while maintaining good working relations with investors and other stakeholders. The administration’s success in this area underscores its commitment to justice and fairness.
The administration is equally committed to ensuring that law students of Enugu State origin are encouraged and supported to excel. In June this year, Governor Mbah approved bursaries in the sum of N44.1m to 294 indigenes of the state currently studying at the seven campuses of the Nigerian Law School across the country.

Indeed, a little over one year under Governor Peter Mbah’s leadership has seen significant advancements in Enugu State’s justice sector. The administration has laid a strong foundation for a more efficient and responsive justice system. The legacy of this transformative year is expected to enlarge and resonate for years to come, shaping Enugu State into a just, equitable, and inclusively prosperous society.


•Nwanjoku writes from Enugu



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