THE MODERN JUSTICE DELIVERY TECHNIQUE Prof. Yemi Osinbajo SAN

INTRODUCTION  The topic suggests that there is in fact an agreed “Modern Technique” of Justice Delivery. That is probably not true.  Perhaps at best there are best practices that may be adapted to suit a particular environment.

 The contemporary Justice Delivery system must recognise that it is : 1. A crucial and integral part of the socio-economic infrastructure 1. A crucial and integral part of the socio-economic infrastructure 2. A public resource paid for with public funds to achieve a public good. Judges who are managers of that resource must not tolerate its abuse by litigant or counsel’s time-wasting. 2. A public resource paid for with public funds to achieve a public good. Judges who are managers of that resource must not tolerate its abuse by litigant or counsel’s time-wasting. 

Background-Pillars of good society  Every successful society rests on at least 3 pillars (i) Security (i) Security (ii) Rights (ii) Rights (iii) The Economy (iii) The Economy All 3 pillars depend for their efficiency on the rule of law which in turn depends largely on the administration of justice All 3 pillars depend for their efficiency on the rule of law which in turn depends largely on the administration of justice

‘Risk’ factors for investors include – ‘Risk’ factors for investors include –  time it takes to resolve disputes in court,  security of lives and property,  protection of the rights of individuals  The justice administration system plays a critical part in substantially reducing these risks

 BOTH CIVIL AND CRIMINAL JUSTICE ADMINISTRATION ARE CRUCIAL.  COMMON ERROR ESPECIALLY IN DEVELOPING COMMERCE- FRIENDLY JUSTICE POLICY IS TO IGNORE OR DE-EMPHASIZE CRIMINAL JUSTICE 

 AN INEFFECTIVE CRIMINAL JUSTICE SYSTEM IS A SERIOUS DISINCENTIVE TO COMMERCE

 If robberies and offences involving violence are rampant and perpetrators are not being apprehended, tried, convicted because of problems within the administration of justice system – cost of doing business rises for both local & foreign investors

 Surveys show that fewer criminal prosecutions and conviction being recorded- despite anecdotal evidence of rise in crime in the past decade.  Comparative figures of population size and number of convicts in prison

Comparative Population/Prison Figures Country and Population No. of Convicted Prisoners Nigeria (140 million 39,011 U.S (298.2 million) 2, 198, 798 Russia (143 million) 871,693 South Africa (47.4 million) 160,198 United Kingdom (59.7 million) 88,197 Prison –show a stark difference from other jurisdictions- (Slide comparative prison figures)

Inefficient Criminal Trials  Long delays – technical issues  Slow pace of investigations –witness disappear  IPO's not in Court  Key witnesses in major trials – no witness protection program Failure of Criminal Justice system Failure of Criminal Justice system undermine the 3 planks undermine the 3 planks

What to do  SHORT TERM Criminal Statistics Database Criminal Statistics Database Forensic Facilities Forensic Facilities Re-equip police Re-equip police  Prosecution---Video recording of confessional statement  Plea-Bargaining  LONG TERM Police :Begin again Police :Begin again State police State police

CRIMINAL CASES CRIMINAL CASES HIGH COURT 1.5 YEARS HIGH COURT 1.5 YEARS COURT OF APPEAL 3.5 YEARS COURT OF APPEAL 3.5 YEARS SUPREME COURT 2.0 YEARS SUPREME COURT 2.0 YEARS TOTAL 7 YEARS TOTAL 7 YEARS FROM HIGH COURT TO SUPREME COURT: 7 YEARS FROM HIGH COURT TO SUPREME COURT: 7 YEARS

 Surveys done as part of the Lagos justice sector reform project – show that 3 areas of commerce and industry and the economy are worst hit. (i) Housing (i) Housing (ii) Mortgage Lending (ii) Mortgage Lending (iii) Land Transactions. (iii) Land Transactions.

HOUSING -Reduction in stock of housing in Lagos State -Reduction in stock of housing in Lagos State - Long delays in resolving land and tenant disputes - Long delays in resolving land and tenant disputes Remedies Remedies Citizens mediation centers Citizens mediation centers - Over 8,000 resolved in 1 year - Over 8,000 resolved in 1 year Every Magistrate – become Tribunal chairman Every Magistrate – become Tribunal chairman

MORTGAGE LENDING - Perfection of securities is crucial to mortgage lending - Perfection of securities is crucial to mortgage lending - Delays caused by injunctions restraining - Delays caused by injunctions restraining completion of perfection process – even completion of perfection process – even where the plaintiff (borrower) has drawn where the plaintiff (borrower) has drawn dawn on the facility dawn on the facility - Delays in foreclosure, forfeiture process, - Delays in foreclosure, forfeiture process, because of judicial intervention because of judicial intervention

What to do  RESOLUTION FRIENDLY ADJECTIVAL RULES…Evidence / Civil Procedure Rules  INFRASTRUCTURE- RELEVANT AND USEFUL  PERSONNEL ISSUES--

Adjectival….Civil Procedure  OBJECTIVES must be clearly stated…Lagos Order 1 r (1) (2)…Application of the rule shall be directed towards the achievement of a just, efficient, and speedy dispensation of justice.  RESOLUTION FRIENDLY:…………………Case management  Front-loading  Pre-trial proceedings 

Civil procedure contd  Limiting Adjourments  Limiting Amendments  Cost Regime which discourages dilatory tactics  Written Submissions  Specialist Divisions

Evidence  Reviewing some technical concepts which may hinder admissibility of useful evidence….Hearsay Rule,……………… ….. Documents Vs Electronically Generated evidence

INFRASTRUCTURE..  Should be relevant and useful  Electronic Recording of proceedings  Automation of manual processes…Lagos CAIS  Judicial Assistants

PERSONNEL  JUDGES…. Appointments  Capacity building  Welfare  Discipline  Support…….Registry staff  Court Recorders  Judicial Assistants

 Interlocutory Appeals to terminate at the Court of Appeal  Need for collaborative interaction between CJN, AGF, Legislative Heads Innovative Supreme Court intervention on notorious issues which cause or are deployed to cause delays Innovative Supreme Court intervention on notorious issues which cause or are deployed to cause delays Alternative Dispute Resolution Alternative Dispute Resolution

CONCLUSION  o THINKING AND PLANNING PLANNING