As Nigeria attained 62 years of independence, some lawyers have expressed divergent views about the country’s development in justice administration.

The lawyers expressed their views in separate interviews in Lagos on Tuesday.

The head of litigation, Oriented Law Chambers, Victor Opara (SAN), said the judiciary had done well in the administration of justice.

Mr Opara said Nigeria’s judicial system had done well when compared with its counterparts in African countries and other developing countries. According to him, Nigerian judges and magistrates are among the best.

“As far as justice administration is concerned, I must say with every sense of responsibility that the Nigerian Judiciary has done well, particularly when compared with its counterparts in West Africa, Africa at large, and the world. We have (the) best judges in our courts, without forgetting magistrates who are equally well-trained to administer justice,” Mr Opara explained. “However, that is not to say there have not been some dark spots with some of the decisions of our courts.”

He called for improvement, noting that “it is often said that justice delayed is justice denied.” Mr Opara explained that “one can equally say that justice rushed is justice crushed,” suggesting balance in dispensing justice.

The lawyer also mentioned that the judiciary had a self-cleaning mechanism.

“In other words, if you are dissatisfied with a case in a magistrates’ court, there is room for you to go to the high court. If again, you are not satisfied, you can take it to the Court of Appeal and ultimately to the apex court, which is the Supreme Court,” said the legal practitioner.

He added, “This suggests that even the judiciary understands that there can be mistakes down the line; even at the apex level, there is a procedure whereby the Supreme Court can reverse itself in certain deserving cases. I must say in a nutshell that the judiciary has done well. It has served as a check against excesses on the executive and the legislature. In some instances, it has had the opportunity of even disciplining its members.”

A rights activist and lawyer, McAnthony Aikharialea, explained that Nigeria’s scorecard did not match its age.

Bayo Bisuga of the Bisuga Partners explained that “Nigeria has had ups and downs but more downs than ups,” and advised that prisoners should be used to boost agricultural production instead of allowing them to feed “fat within prison walls” while “agriculture is suffering.”

“All states have prisons, and prisoners are ready labour,” Mr Bisuga declared.

He expressed dissatisfaction that, at 62, Nigeria still records many breakdowns of law and order.

“People don’t even obey court orders. The rule of law is lacking,” he said.

Anthony Makolo, a rights activist and lawyer, urged the judiciary to apply more measures to enhance criminal justice administration.

Mr Makolo, the founder of Makolo Anthony Empowerment Foundation, which provides free legal aid to crime suspects, said the measures would also facilitate prison decongestion.

According to the lawyer, the first measure is “filtering” from police stations cases qualified to proceed to court.

“The police are not expected to make criminal charges on every matter reported at the stations,” he said.

Mr Makolo added that there was a need for the appropriate authorities to direct that flimsy charges by police should be returned.

He also suggested that a mediation centre should be set up at every police station, adding that matters brought to police stations should be first referred there for possible mediation.

“If this is done, it will serve to ensure that misdemeanours are resolved by way of alternative dispute resolution instead of overburdening the courts,” he stressed.

Human rights campaigner and lawyer Spurgeon Atatene lamented the disrespect for the rule of law had brought decadence in the justice sector.

“It is clear today that if you speak against injustice, you become antagonised. This is a big problem,” he said, calling for an overhaul of the justice system to conform with best practices.

He also asked the Nigerian Bar Association (NBA) leadership to live up to its responsibilities as the watchdog of the bar.

In his message to celebrate Nigeria’s 62nd independence anniversary, NBA president Yakubu Maikyau (SAN) said, “It is the only way to get out of our present negative experiences and build on our positive achievements. Nigeria is, without a doubt, passing through difficult times.”

(NAN)