Undue technicalities, barrier to speedy justice -Lawyers

Some Federal Capital Territory-based lawyers have faulted the trend of excessive technicalities in suits, describing them as major setback to the speedy delivery of justice in Nigeria.
The lawyers made their views known in separate interviews on Friday in Abuja.
While some practitioners urged their colleagues to forgo unnecessary technicalities in the interest of justice, others urged the judges to exercise their powers in striking out motions meant to delay suits.
Mr Obi Chika noted that lawyers often used preliminary objections and applications for extension of time as delay tactics in the courtroom.
“Many lawyers are guilty of using preliminary objections which generate other applications, in a bid to buy time and frustrate the other party, while sometimes trying to confuse or play the judge.
“Some bring up applications to determine if a certain court has the jurisdiction to handle a matter and all sorts, when the law instituting the court clearly states so.
“The lives and livelihood of people are at stake here; the judiciary should do as much to curtail these,’’ he said.
Mr Ayo Oluwatoyin decried the rate of `technical justice’ legal practitioners pursued, noting that winning cases through technicalities, and not justice on the substantial matter, deprived people of fairness.
“Sometimes `technical justice’ is what is achieved at the end of the day; some win cases on the technical aspect and not on the crux of the matter.
“It takes so much time to hear the substantive matter, as so many applications and objections have to be attended to by the judge; ruling on every technicality is exhausting and frustrating,’’ he said.
Other lawyers pointed out the transfer of cases between judges as a ploy to delay justice.
“It is not uncommon to see lawyers, who may be losing a particular case, seek for transfer of the case to another judge, complaining of bias.
“It’s all a ploy for delay; these transfers and frivolous applications waste the time of the court, and make cases linger on unnecessarily for years; this should be looked into.
“People need justice, and should be able to access it without wasting so many years,’’ Mrs Etimbuk Akaninyene, a legal practitioner, said.
The lawyers urged the judiciary to curtail these technicalities through laws, to ensure speedy delivery of justice. (NAN)