Re-examining the Bar and Bench in justice delivery

With the judiciary complimented by a vibrant bar, both the Bar and the Bench can be described as indispensable and inseparable partners poised to enhance justice delivery in the country, KEHINDE OSASONA writes
Overview It has been established that the Bar and the Bench complement each other in the quest to sustain and dispense justice in the polity.
Oftentimes, it has been said that such unique relationship exists in no other profession and in no other walk of life world over.
Thus, the principal duty of both the Bench and the Bar is to work diligently, effectively, honestly and sincerely towards achieving justice delivery for all seekers of justice irrespective of status.
Law experts are of the view that the Bench and the Bar play significant roles in the administration of justice, saying it is only through harmonious effort that both could advance the course of justice and promote a just society where rule of law is observed and human rights respected.
Bar, Bench ties Recently, while unveiling the Lawyers’ Changing Room renovated for the Nigerian Bar Association (NBA), Lagos Branch by the Lagos State Judiciary, Lagos State Chief Judge, Justice Olufunmilayo Atilade told a gathering of lawyers to maintain the highest level of diligence and integrity in the discharge of their professional duties.
She noted that both the Bar and Bench must work together to deliver justice to the populace, adding that a symbiotic relationship between the two arms of the justice sector is imperative if the wheel of justice is to run smoothly.
She said, “it gives me great pleasure to have done this (renovation) to further cement the cordial relationship between the Bar and the Bench in Lagos state.” Also speaking, former NBA Lagos Branch Chairman, Mr.
Martin Ogunleye commended Justice Atilade for fostering excellent relationship with the Bar, noting that the Lagos Chief Judge had earlier renovated the foyer used by the branch for its monthly meetings and other activities into a world-class facility, and now topped it with a befitting Changing Room for Lagos lawyers.
“My Lord is a shining example of how the Bench can support the Bar to drive reform and engender progress.
We continue to receive tremendous support from Your Lordship on all fronts for which we are very grateful,” Ogunleye said.
NBA, the Bench and ACJA In enhancing the criminal justice system in the country, human rights lawyer, Femi Falana, SAN, advised the Bar and the Bench to ensure a zealous implementation of the provisions of the Administration of Criminal Justice Act, 2015.
He said, in order to achieve the principal objectives of the Act, the Administration of Criminal Justice Monitoring Committee must be allowed to monitor the prosecution of all criminal matters, including corruption cases, and decongest our prisons in line with Sections 110 and 469 of the Act.
“The Chief Judges of the Federal Capital Territory and the States should appoint designate chief magistrates to conduct monthly visitations to police stations and other detention centres in the country.
“Harping on the need for the association and the human rights community to take advantage of the Act to put an end to illegal detention of Nigerian citizens by the Police and other law enforcement agencies, Falana stated that, “instead of appealing to the government to obey court orders, the NBA should adopt measures that will force the Buhari administration to embrace the rule of law.
“State governments which have not adopted the Administration of Criminal Justice Act should do so without any further delay.
With respect to civil proceedings, the uniform rules of procedure are capable of enhancing justice, but the courts have to engage in case management.” Also in his contributions, Mallam Yusuf Ali, SAN, submitted that the judiciary must be fearless and courageous.
“We need a fearless, courageous, strong, virile and independent Bar.
This is because, it is the backbone of the judiciary.
We need a bar that is articulate and alive to its responsibilities as the voice of the voiceless and the helper of helpless.
“Thank God, the Nigerian Bar Association has shown over the years that it is partner in progress with the ordinary citizen.
To be able to play its role as social engineer, the Bar must continue with what it has been doing over the years.
“It must remain committed, remain dedicated, to be able to support the helpless people in our country.
And it should stand at all times, whenever the independence of the judiciary is being threatened by anybody.
It must act as the bulwark against oppression.
“And if the NBA gets it right, it would assist in no little measure to help the judiciary.
For the judiciary to discharge its duty very well and creditably it must be free, must be courageous, be independent, it must be able to call the spade by its name and remain absolutely incorruptible.” Bar, Bench as foot soldiers Holding a similar view, the Senior Assistant to President Muhammadu Buhari on Legal Matters, Professor Adamu Kyuka Usman, described both the bar and the bench as foot soldiers in the anti-corruption war.
Speaking at NBA Kaduna Branch Law week, the presidential aide said, “the fight against corruption was instituted by the current administration to rid Nigeria of the theft and looting of public resources by public officials, mostly politicians and civil servants, which begs the question, what is the role of the Bar and Bench in the anti-corruption war? Cementing relationships Meanwhile, as a way of cementing existing relationships between the duo, some lawyers have advocated that both the Bar and the Bench exemplify mutual respect in the discharge of their duty, arguing that lawyers should not be seen criticising judgments on the pages of newspapers or social media platforms or in the presence of a client.