By Chioma Onuegbu, Uyo
Former Dean, Faculty of Law, Lagos State University, Professor Mike Ikhariale has identified delay and corruption as some of the factors hindering smooth flow of access to justice in the country.
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Prof Ikhariale stated this Friday in his Keynote speech presented at a public lecture to mark the commencement of activities for the opening of 2023/2024 legal year in Akwa Ibom State Judiciary, entitled: “The Judiciary as the Bastion of Hope in a dysfunctional society”.
He noted that until the Nigerian Judiciary is allowed to be in control of its budget, the expectations of the Judiciary as the last hope of the common man, will continue to remain a pipedream.
His words: “If the Judiciary is indeed the last bastion for the Common Man in a dysfunctional society like ours, the question of access to justice becomes paramount because the troubled citizen must first be let into the hallowed chambers of the court of law before he can meet with the blindfolded Lady Justice. But as was bitterly lamented by Comfort Chinyere Ani, J, “The setbacks to access to justice in Nigerian civil and criminal justice system are quite exigent.
“These setbacks include delays, cost of litigation, complex legal rules and procedure, lack of awareness and legal knowledge. Delay and corruption are also some of the factors hindering smooth flow of access to justice.
“It is important to note that Access to Court and involuntary attendant at court is not the same thing with Access to Justice.
Everyday many helpless people are hauled into courtrooms for sundry reasons which some of the so-called “offenders” are not even aware of.
” Such persons could be tried, convicted, and jailed for crimes they did not commit or did not have the requisite mens rea for. As far as such individuals concerned, they been to a court of law, obviously involuntarily but can we say that they have had the constitutionally defined “access” to justice?
“No doubt, access to court is a right guaranteed by the Constitution and it is specifically elucidated upon under section 36 (1) of the 1999 Constitution which provides that: “In the determination of his civil rights and obligations, including any questions or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality”.
“On the surface, there is the impression that once anyone is aggrieved he could just walk into the nearest law court and like a supermarket, and demand for justice which is his constitutional right anyway.”
Also speaking, the immediate past Attorney General of Akwa Ibom State, Uwemedimo Nwoko (SAN) who was the chairman of the panel expressed regret that some Governors treat the judiciary as an appendage of the executive.
He stressed that judicial independence would not only allow the courts to interpret the Constitution without interference, but would also protect fundamental rights and freedoms as well as prevent the abuse of power.
In her remarks earlier, the Chief Judge of the State, Justice Ekaete Obot said the public lecture was to bring together legal luminaries and judicial officers and other stakeholders to chart the way forward for the country’s Judicial system.
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