Fagbemi lists obstacles to justice for laity as Adesina knocks branding entire judiciary a corrupt entity

 

Emmanuel Ukudolo I Tuesday, December 03, 2024

 

CENTRAL BUSINESS DISTRICT, Alausa, Lagos – Minister of Justice and Attorney General of the Federation, Prince Lateef Olasunkanmi Fagbemi,SAN has outlined obstacles working against justice for the common man in Nigeria, just as Senior Advocate of Nigeria, Mr. Dele Adesina has condemned branding the entire judiciary as corrupt following the existence of a few bad eggs, when there are many judges who have risen above board by demonstrating adherence to professionalism and ethical standards in dispensing justice.

The Senior Advocates made their observations at the 2024 Gavel International Annual Conference with the theme, “Judiciary as the last hope of the common man: media and legal perspectives”.

Fagbemi said long court proceedings can undermine the purpose of justice, and that protracted trials not only delay justice but can also discourage individuals from pursuing their cases, particularly when they feel that their grievances will never be resolved.

“Such delays can erode trust in the judiciary, as people may begin to feel that justice is inaccessible or ineffective. In some cases, individuals may lose their right to justice altogether due to the expiration of relevant statutes of limitations or simply give up on the pursuit of their claims”

He noted that despite the judiciary’s role as an impartial body, it is not immune to corruption, stressing that bribery, nepotism, and bias in the judicial process undermine the fairness of trials and the credibility of the justice system.

“When judges accept bribes, make decisions based on personal interests, or favor certain parties due to political or social pressure, it significantly compromises the rule of law. The presence of corruption within the judiciary damages public confidence in the system, particularly when the common man is forced to navigate a system that seems rigged or biased against them”.

The Attorney General of the Federation said high legal fees, complex procedures, and lack of access to legal aid can make it difficult for the common man to access the judiciary.

He noted that in many parts of the world, the cost of legal representation and court fees is prohibitively expensive, making it difficult for indigent individuals to seek justice. “Even when free legal services are available, the process can still be intimidating and difficult to navigate, particularly for those who are not well-versed in legal language or processes. This creates an inherent inequality, where justice is not truly available to all citizens, but only to those who can afford to participate”

Speaking on the role of the media,  Fagbemi explained that while the media plays an essential role in informing the public about judicial processes, it can sometimes contribute to misinformation or sensationalism, adding that biased reporting, particularly in high-profile cases, can distort public perception of the judicial process, leading to unfair judgments before a case is even decided.

“Sensationalism can undermine the reputation of the judiciary, especially if the media exaggerates or misrepresents the facts of a case. Such media coverage can result in “trial by media,” where public opinion is shaped before the case is resolved, potentially pressuring the judiciary to make decisions based on popular sentiment rather than law”.

The minister for justice said the media’s power to shape public opinion can interfere with the judicial process and that in some high-profile cases, media outlets have been known to openly discuss ongoing trials, publishing details that are prejudicial to the case, thus influencing the outcome.

“This “trial by media” undermines the integrity of the justice system by prejudicing the court’s ability to render an impartial decision”, adding that when the media becomes involved in active case commentary, it may force judges to reconsider their rulings, particularly in sensitive or politically charged cases, thereby distorting the legal process.

“In many countries, particularly developing ones, the judiciary is overwhelmed by an excessive number of cases. This overload often leads to rushed decisions, compromised judgment, and systemic inefficiencies. The lack of adequate infrastructure, insufficient staffing, and insufficient funding further exacerbate these issues, leading to a backlog of cases and delayed justice. As a result, people often feel discouraged from seeking judicial intervention because the system seems incapable of handling the volume of cases in a timely and efficient manner”, he said. Download details of Fagbemi’s paper HERE

In his keynote address, Dele Adesina, SAN said he is not averse to constructive criticism but the effect on adverse criticism and branding the entire judiciary as a corrupt system. He also called on Nigerians to rise up in defence of judges  because of the exemplary ones.

“Please understand me and understand very well. I do not oppose constructive criticism of the Judiciary. Neither do I oppose clear and honest appraisal of the Judiciary but the criticism of the nature and kind we are hearing and reading about particularly in recent times are destructive and this will not help our justice system.

“It is my belief that we need to commit to self examination that will culminate in self realization of our ultimate destination. I mean genuine and sincere self examination and appraisal.  We must not let where we are, discourage us. Let where we are going be our motivation”, he advised.

The legal luminary was particularly miffed by generalization of the judiciary as corrupt particularly by many who operate in the social media.

“The attack on the judiciary by the social media is even worst. Let me give few examples of what I have seen, read or heard in this regard in recent times.

“ An active citizen while talking on the social media said in an interview that “we have a captured Judiciary.”  Another person, a prominent individual commenting on a Federal High Court’s decision described the decision as the “Tyranny of the Outlaw.”

 “Another person described a Court’s Judgment as “Judicial abrakatabra”. Yet, another one described a judgment as “Judicial summersault.” A highly placed individual once said that “ours is a society where people who have so much money buy judgments.”

“The statements of this nature in my opinion cannot make the Judiciary better. It appears to be a total condemnation which has the capacity to completely erode public trust and confidence. The desire for purification of the Institution should take priority over total condemnation”, he advised.

For Adesina, “Our tomorrow lies in our today just as our today determines tomorrow. What we sow today, we reap tomorrow. Tomorrow simply means the day after today. It could also mean looking into the future.  What we do today or say today has a lot to do in determining our tomorrow. So, do good today so that tomorrow can be better and worth looking up to”, he added.

Download Adesina’s 75 page address HERE

Earlier, Publisher of Gavel International, Mr. Kunle Ogunsakin  said election petition tribunals have become a joke following conflicting judgments by courts of coordinate jurisdictions.

“If an order came from Kaduna, another will surface from Calabar, throwing the whole system into ridicule. Orders even come fro m oversees”, he said, adding that lawyers are also complicit and that it has become a matter of knowing the judge instead of the  law.