Sen. (Dr) Ifeanyi Okowa, governor of Delta State and vice presidential candidate for the Peoples Democratic Party (PDP), has stated that the independence of the judiciary and financial autonomy are necessary for an effective rule of law in Nigeria.
In his keynote speech on Monday at the Nigeria Bar Association (NBA) – Section on Legal Practice (SLP) 2022 Annual Conference in Asaba, Okowa made this claim.
He asserted that the NBA leadership deserved praise for its ongoing defence of the rule of law and for keeping the executive branch of government accountable to the values of fairness, equity, and justice at the conference with the topic “Legal Practice in Nigeria: Our Reality, Our Future.”
He praised the NBA for having the conference in Asaba, one of Nigeria’s fastest-growing cities, and reaffirmed his administration’s commitment to ensuring the judiciary’s financial independence from the executive branch of government.
“The courts and the legal profession must continue to adapt to cope with rapid changes like cross-jurisdictional legal issues and resolve disputes over business activities in the virtual world. They will have to address the impact of information technology on their work.
“Of equal importance is the need for the Nigerian Bar Association (NBA) to continue championing the welfare and well-being of legal practitioners and members of the Judiciary.
“The Delta State Government is working to provide a framework under which the Judiciary and the legal profession can respond positively to these challenges, hence in 2021, I signed into law the Delta State Judiciary Fund Management (Financial Autonomy).
“While I agree that much work remains to attain genuine financial autonomy, the law marks a critical first step for the independent control of the Judiciary’s internal fiscal management and appropriations.
“My administration has and will continue to support the notion that judicial finance should be exercised free of interference by the executive branch of government in the same manner that the executive and legislative branches administer the funds appropriated for their internal operations.
“This is because there can be no rule of law without a guarantee of independence for the judiciary.
“Protecting the independence of judges and courts in the interest of the administration of justice includes giving them the substantial resources they need to fully perform their judicial duties properly and efficiently and to consider cases fairly and within a reasonable time as required by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“In addition, the courts must have the assurance from the other two state powers that they will have sufficient operating resources and financial autonomy in managing these resources. We will continue to work to achieve this end ultimately.
“The legal community must put itself in a position to leverage the continental trade liberalisation under the AfCFTA because the expected growth in business and investments presents significant prospects,” the governor said.
He continued by saying that companies would require qualified lawyers to provide guidance on domestic and international transactions, conflicts of laws, and the resolution of commercial disputes. He urged Nigerian attorneys to focus on both established and developing practise areas.
“I subscribe to the view that Nigeria does not have too many lawyers but too many lawyers doing the same thing. Many lawyers tend to focus on the obvious practice areas like criminal, family, or land law.
“But there is an increasing need for legal advice in niche areas. These include international trade law, with the advent of the AfCFTA and the exponential increase in cross-border trade,’’ he said, adding that a society governed by the rule of law, must ensure that citizens had access to justice at reasonable cost and speed.
Okowa emphasised that “to meet community expectations, the court system must be able to resolve disputes between citizen and citizen and between citizen and State, not only fairly but also economically and expeditiously.
“Justice that is not affordable or delayed will amount to a denial of justice.”
He stated that his government had just sent the Delta State Administrative Procedure Bill to the House of Assembly for consideration, noting that the State shared NBA’s commitment to maintaining the rule of law.
“The Bill strengthens the rule of law and improves the administration of justice by prescribing a fair and transparent procedure for Delta State administrative agencies to propose and issue their regulations.”
In his remarks, Justice Olukayode Ariwoola, acting Chief Justice of Nigeria, stressed that it was the NBA’s responsibility to make sure that attorneys adhered to the rules of professional conduct. He was represented by Justice Abdul Aboki.
He said that the difficulties affecting the legal profession were self-inflicted and praised the selection of the conference’s theme, which in his opinion was intended to solve such difficulties.
Legal professionals should be ready to strengthen the nation’s judicial system, Ariwola suggested.
Justice Theresa Diai, the chief judge of Delta, expressed her gratitude for the collaboration between the state legislature, the state court system, and the NBA, noting that it was essential to the growth of the nation’s justice system.
She applauded the Section on Legal Practice for leading the charge to increase awareness of legal practise throughout the nation.
The government and people of Delta were congratulated for hosting and funding the conference earlier by NBA President Olumide Akpata.
Additionally, he wished Governor Okowa well and congratulated him on obtaining the Peoples Democratic Party’s (PDP) nomination for vice president.
He asserted that the NBA’s three sections—the Section on Business Law, the Section on Legal Practice, and the Section on Public Interest and Development Law—had kept advancing rapidly.
“The NBA-SLP occupies a very credible place in the Association as members are engaged in dispute resolution practice as litigation practitioners and alternative dispute resolution practitioners.
“I commend the organisers for the choice of the conference theme and timing because of the critical role it will play in the administration of criminal justice in Nigeria,” Akpata stated.
In order to effectively administer and distribute the resources given to the judiciary, he charged it with enshrining the ideals of accountability, probity, and transparency.
The conference’s goal, according to Chief Ferdinard Orbih SAN, Chairman of the NBA-SLP, who had previously welcomed guests, was to bravely address the current issues facing the legal profession and create a road map for the future.
He argued that court pronouncements’ lack of consistency was becoming an encumbrance for the legal profession, particularly with regard to electoral jurisprudence, and he urged members to find a long-term solution to the problem.