INTRODUCTION

We want to thank my lord for taking the time to meet with us today. As the chairman of NBA, Ilorin, Branch, I am honoured to be here with my colleagues and engage in this meaningful dialogue with my lord.

Firstly, I would like to express our appreciation for your Lordship and the other brother judges’ dedication and commitment to upholding justice and ensuring the efficient operation of our courts. Your leadership has been instrumental in maintaining the integrity of our legal system. Today, we hope to discuss several key areas of mutual interest and concern which are highlighted hereunder.

1. THE NATURE OF OUR COURTS

   We want to firstly thank my lord for the on-going renovation of the High Courts at State Headquarters, we hope that same will be extended to the High Court outside the jurisdiction of the Court. We however want to call the attention of my lord to the nature of some Area courts and Magistrate Courts which are not worth being a Court. The NBA took pains to visit some of the Courts, particularly the Upper Area Court Akerebiata, Ganmo and some of the Area Court outside the state headquarters. They are not worth staying under as Court. Imagine a Magistrate is sitting in an apartment belonging to an individual, if peradventure, such person or his family has a case before the Magistrate, what would be the fate of the Magistrate in upholding justice?

   We believe that enhancing the court facilities will not only improve functionality but also the experience for all parties involved. We are eager to hear your insights and share our ideas on possible renovations.

2. AFFIDAVIT PREPARATION BY JUDICIARY STAFF

   We want to express our concerns regarding the current practice of affidavits being prepared by judiciary staff. While we understand this may be intended to streamline processes, it inadvertently impacts the ability of lawyers to effectively serve their clients.

   The preparation of affidavits is a fundamental aspect of legal representation. By having judiciary staff to undertake this task, it deprives lawyers of the opportunity to craft affidavits that accurately reflect their clients’ circumstances and legal strategies. This practice may undermine the lawyer-client relationship and the quality of legal advocacy.

   Clients rely on their lawyers to articulate their positions comprehensively and persuasively. Limiting lawyers’ involvement in affidavit preparation can result in generic or incomplete representations of their clients’ cases, potentially affecting legal outcomes.

   We propose a collaborative approach to address this issue. By involving lawyers in the process, we can ensure affidavits are tailored to the specific needs of each case, enhancing the efficiency and fairness of judicial proceedings. We respectfully request an opportunity to discuss potential solutions and work together to ensure that the interests of justice and effective legal representation are upheld.

3. COLLABORATION WITH THE JUDICIARY ON THE HUMAN RIGHTS ABUSE

   The NBA is united in our commitment to uphold human rights and address the pressing issue of human rights abuses. However, the collaboration between the NBA and the judiciary is essential in this vital endeavor.

   NBA has a fundamental role in advocating for victims of human rights abuses. Basically, the Human Rights Committee is a statutory body established by the NBA constitution, and the Vice Chairman of the Branch is also the statutory Chairman of the Committee.

   By the provision of ACJL, Magistrate has right to visit police stations across the State to ensure the right of the detainees are protected. NBA through its Human Rights Committee is ready to collaborate with the judiciary in the implementation of the provisions of the ACJL. This collaboration will ensure that the police are well-informed and equipped to comply laws that protect human rights effectively.

   The collaboration between lawyers and the judiciary is paramount in the fight against human rights abuses. Together, we can ensure that justice is served, that victims are heard, and that the rule of law prevails.

4. COMMUNICATION IMPROVEMENTS ON WHEN COURT IS NOT SITTING

   Establishing a streamlined process for notifying lawyers when the court is not sitting is crucial. We propose exploring modern communication channels to ensure timely and effective dissemination of such information to lawyers.

   When courts do not sit unexpectedly, it causes considerable disruption for both lawyers and their clients. Lawyers invest substantial time and resources preparing for court appearances, including coordinating with clients, gathering necessary documents, and aligning schedules. An unnotified closure results in wasted effort and financial loss, and can erode client trust in our legal services.

   Lawyers within and outside jurisdiction, who may have travelled long distances or taken time off work, are particularly affected by these unanticipated changes. Their frustration can impact their perception of the legal process and their relationship with their legal representatives.

   To mitigate these issues, we propose implementing a robust notification system that can promptly inform lawyers of any changes to court schedules. Leveraging digital communication tools, like emails or SMS alerts, could ensure the timely dissemination of such information. We are already in possession of all the Court's Registrar's phone numbers for the creation of WhatsApp group of NBA Executive and registrars for smooth communication between the bar and bench with your lordship's further directive.

   We are eager to collaborate on developing effective solutions to enhance communication and minimize the inconvenience caused by unnotified non-sitting of the court. We look forward to your guidance and support in improving this aspect of our judicial process.

5. THE NEED FOR A POLICY, AND PAYMENT SYSTEM AND SCHEDULE FEES FOR ENFORCEMENT

   The enforcement of judgments is a critical aspect of the judicial process, ensuring that court decisions are not merely symbolic but have real-world consequences. The Court plays a pivotal role in upholding justice, and establishing a clear policy and payment system for enforcing judgments is essential.

   A well-defined enforcement policy where reinforces the authority of the High Court. It sends a strong message that court decisions are binding and must be respected. This enhanced authority fosters public trust in the judiciary and encourages compliance with legal rulings.

   We are not unmindful of the provisions of Sheriffs and Civil Process Laws on the enforcement of the Court Judgment However, the need to establish a clear policy and payment system for the enforcement of judgments in the High Court is essential for promoting justice, protecting rights, and enhancing the effectiveness of the judicial system.

6. THE IMPACT OF INSUFFICIENT INTERPRETERS ON THE EFFICACY OF THE JUSTICE SYSTEM

   The justice system is founded on principles of fairness, equality, and accessibility. However, one of the critical challenges it faces is the lack of enough interpreters to facilitate communication, particularly in multilingual societies. This shortage can significantly impede the swift and fair administration of justice.

   The lack of sufficient interpreters in the justice system has far-reaching implications that affect not only the speed and efficiency of legal proceedings but also the very principles of fairness and access to justice. Addressing this issue by investing in interpreter training and recruitment is essential for creating a more equitable and effective legal system that serves all members of society.

7. BAR AND BENCH FORUM

   We to suggest organising regular forums to foster collaboration between the bar and the bench for both the High Court and lower courts. This platform can serve as an opportunity to address challenges, share innovations, and cultivate mutual understanding. The primary goal of the Bar and Bench Forum is to create a platform where both lawyers and judges can engage in open dialogue, share insights, and address shared concerns. By fostering a spirit of cooperation, we aim to enhance the efficiency and fairness of our judicial system.

   The forum will promote mutual respect and understanding, strengthening the relationship between lawyers and the judiciary. This will ultimately lead to a more harmonious legal environment. By bringing together diverse perspectives, the forum can serve as an effective problem-solving tool to address systemic issues within the judicial process.

   We suggest forming a joint committee comprising representatives from both the legal community and the judiciary to plan and organize regular forum sessions. We are enthusiastic about the potential positive impact of the Bar and Bench Forum and look forward to your support and cooperation in making it a reality.

   We are eager to work alongside your lordship and brother judges to address these issues and enhance our legal community. Thank you once again for your openness and collaboration.

We look forward to a fruitful discussion.

Thank you.

SMH Kosemani Esq.,
Chairman,
NBA Ilorin Branch