Fashola, Osinbajo Call for Stiffer Penalty to Curb Delay Tactics in Litigation
Fashola and Osinbajo made the remarks at a one day conference on Delay in Justice Administration – Beyond the Rules and the Law put together by the Lagos State Ministry of Justice and the Nigerian Bar Association (NBA). Osinbajo painted a situation where adjournments are sought and granted even after dates have been fixed for hearing on flimsy excuses adding that all these tactics serve as obstacle to timely dispensation of justice.
He pointed out that other measures employed by lawyers include interlocutory injunctions and unnecessary arguments which have very little or no relevance to the matter under litigation. The former commissioner who explained that the United Kingdom remains the most attractive clime for litigation submitted that it is such because of well thought out punitive measures put in place to discourage lawyers from employing delay tactics to waste time during litigation.
Osibanjo alluded to a particular incident in the Royal Court of London involving the late former dictator, General Sani Abacha. He said the defence team was absent when the case was mentioned and fined 160 Pounds Sterling for wasting the time of the honorable court. He added that such punitive measures would have sent the right signal by instilling a sense of urgency and discipline on those involved in legal tussle in the UK.
He explained that unless punitive measures are taken to discourage such delays the legal system in the country will soon lose credibility, stressing that the bar and the bench must come together to save the legal profession. “Delay is caused by my men in the legal profession, not by wind, not by spirit”, he warned.
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In his remarks, Fashola who also spoke in the same vein called for professionalism in the legal profession to distinguish between a barrister and a solicitor. He argued that not all lawyers are solicitors vice versa. He said not all cases are worthy of litigation and that lawyers must learn to restrain their clients in some of the cases from going to court.
According to him, lawyers are paid to give justice to their clients and not to win at all cost. He identified power supply and designs of courts as other factors hindering speedy dispensation of justice adding that there is the need to come out with designs that are responsive to the environment and current challenges.
In her remarks, Chief Judge of Lagos State, Justice Ayo Philips said those who seek justice go to court because it is seen as the last hope of the common man. In his submission, Commissioner for Justice Lagos state noted that a survey carried out by his ministry in 2004 shows that it takes an average of 4 and half to five years to litigate an average case in the court in Nigeria.
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