| We can’t break
law to enforce the law –Justice minister
By ADESINA AIYEKOTI
Wednesday,
October 10, 2007
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Aondoakaa
Photo: SunNews Publishing
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Attorney General of the Federation and Minister of Justice,
Mr Michael Aondoakaa (SAN), has emphasized the need for Nigerians,
irrespective of their status, to use the judicial institutions
and processes of law to resolve their disputes for the democratic
system to grow.
He gave the charge in Ilorin, Kwara State while addressing
thousands of lawyers at the recent Nigerian Bar Association
(NBA) annual bar congress.
He assured his professional colleagues that the Federal Government
would continue to work towards simplifying court proceedings
and the law itself.
According to him, “when citizens lose faith in the legal
system and the capacity of the courts to give them remedy,
they resort to taking the law into their own hands. When citizens
take law into their hands, anarchy is the result.”
Mission
As the Attorney General of the Federation and Minister of
Justice, my vision of the justice system is one that is simple,
fast, efficient, effective and more responsive to the needs
of the people. It is my view, for example that any Nigerian
who seek to enforce his or her fundamental human rights need
not seek for leave of court to bring an application for the
enforcement of such rights.
Rule of law
Under institutional reforms, the ministry of justice will
ensure that all departments and parastatal organisations within
the ministry have a shared understanding of government policy
on upholding the constitution and the rule of law in a manner
that promotes and advances human rights and freedoms. Efforts
will be made to strengthen the directorate of citizens rights
as an effective citizens redress mechanism.
Challenges
The challenge faced by our criminal justice system is manifested
in the plight of over 20,000 awaiting trial inmates in our
prisons nationwide. To redress this unfortunate situation,
the bold and strategic initiative of my predecessor to achieve
access to justice for these inmates and decongest our prisons
is commended and will be strengthened and pursued to its logical
conclusion. Criminal justice agencies, including the police,
EFCC, ICPC, NDLEA, NCC, Code of Conduct Bureau and such other
bodies will be constantly advised to ensure that Nigerians
are not detained beyond the constitutional 48 hours without
trial.
To accomplish this objective, I will seek the permission of
Mr President, to host an inter ministerial summit with a view
to achieving a common platform for action with ministries,
department, agencies and institutions whose work relates to
criminal justice system. I will also place reforms of the
criminal justice system and prisons reforms firmly on the
agenda of the meeting of the body of attorneys general and
my interaction with the judiciary, with a view to achieving
joint action on prison decongestion.
If our democracy must grow, we have a duty to ensure that
all our people, without exceptions, are able to use the institutions
and processes of law to resolve their disputes.
We shall, therefore, continue to work towards simplifying
court proceedings and the law itself. When citizens lose faith
in the legal system and the capacity of the courts to give
them remedy, they resort to taking the law into their own
hands. When citizens take law into their hands anarchy is
the result.
Break down of law
If we are to avoid such breakdown of law and order, we must
build confidence in the judicial system and assure citizens
of remedy when they go to court. In this regard, our absolute
commitment to the rule of law and obedience of court orders
places an obligation on our courts to give orders within their
jurisdiction.
Court order
A court order made outside or without jurisdiction encourages
lawlessness, disobedience and it demeans the judicial system.
We shall also encourage the use of Alternative Dispute Resolution
mechanisms, which is closer to the African way of resolving
dispute. In this regard, initiatives to achieve uniformity
in civil procedure rules, the review of the Evidence law,
and the Arbitration law shall be intensified as the pillars
in the administration of civil justice reforms.
May I also say that the Federal Ministry of Justice, during
my tenure, will continue to support the last track courts
system currently being piloted by the Federal High Court and
the FCT High Court, in the area of law reform. I have inherited
a number of bills that are at various stages of enactment.
These bills include: Criminal Justice Administration Bill,
Administration of Justice Commission Bill, Legal Aid Council
(Amendment) Bill, National Human Rights Commission (Amendment)
Bill, Community Service Bill, Victims of Crime (Remedies)
Bill and Elimination of Violence in Society Bill.
Because of their impact on the administration of justice,
I am also interested in the Prison Act (Amendment) Bill, Police
(Amendment) Bill and Nigerian Intellectual Property Commission
Bill. I will engage the justice sector committees of the National
Assembly, with a view to emphasizing the importance of the
timely passage of these bills.
It is obvious that achieving success in our role of providing
legal and legislative services to the government in a cost
effective and efficient way requires that we establish a productive
and constructive relationship with the legislature. Other
initiatives that will receive my attention will be promotion
and protection of human rights and legal education. In the
defence of human rights, I will continue to advise that executive
agencies are themselves seen to act in a manner that affirms
the rights and dignity of Nigerians. It is in this context
that my statement on the relationship between my office and
criminal justice institutions should be seen.
Never again will the dignity of the Nigerian citizen be dehumanized
by any agency of government in the pursuit of law and order.
We cannot afford to break the law in an attempt to enforce
the law. Let me state clearly and for emphasis that my office
will continue to give professional advice and support to all
government agencies in the fight against corruption and all
forms of crime. We shall prosecute corruption and crime effectively
within the context of the rule of law. Our prosecution strategy
will be firm but fair and based on respect for citizens’
dignity.
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