MAZI AFAM OSIGWE, SAN, MOURNS THE DEATH OF MR. YINKA FAROUNBI, FORMER CHAIRMAN OF THE NIGERIAN BAR ASSOCIATION, IKEJA BRANCH
I’m deeply saddened to hear about the passing of Yinka Farounbi, the former Chairman of the Nigerian Bar Association Ikeja Branch from 2014 to 2016. He was a dedicated leader and his contributions will be remembered by all.
During his tenure, Yinka Farounbi demonstrated unwavering dedication to the principles of justice, equity, and the rule of law. His leadership was marked by an unyielding commitment to upholding the highest standards of the legal profession, and he served as an exemplary role model for all members of the branch.
His leadership, contributions and influence extended far beyond his years as Chairman. He was a mentor and guide to many young lawyers, offering them invaluable insights and support as they embarked on their legal careers. His passion for the law and his willingness to share his knowledge enriched the legal landscape, and his impact will be felt for generations to come.
In addition to his professional achievements, he was known for his warmth and affable nature. He was a kind and compassionate man , always ready to extend a helping hand to those in need. His presence at branch events and gatherings was a source of inspiration and camaraderie for all who had the privilege of knowing him.
As we mourn the loss of Yinka Farounbi, we extend our deepest condolences to his family and loved ones. His departure leaves a void in our legal community that cannot be filled, but we will forever cherish the memories of his dedicated service, his wisdom, and his friendship.
In honor of his memory, let us recommit ourselves to the principles of justice and integrity that he held dear. May his legacy inspire us to continue the noble work of upholding the law and advocating for justice.
Rest in peace, Yinka Farounbi, and thank you for your unwavering service to the Nigerian Bar Association, particularly NBA Ikeja Branch. Your contributions will forever be remembered and celebrated.
MAZI AFAM OSIGWE, SAN
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In this piece to herald the 2022/2023 Legal Year of Rivers State Judiciary, senior lawyer and former Nigerian Bar Association (NBA) General Secretary, MAZI AFAM OSIGWE SAN urges the nation’s Judiciary to reverse public perception that judges deliver judgments that do not give justice, even as he called on the Bar to be ready to defend the Judiciary when necessary
IT IS IMPERATIVE TO ONLY APPOINT JUDGES WHO GIVE JUST JUDGMENTS
The imperativeness of appointing judicial officers who shall judge rightly, give just judgments and not pervert justice was at the center stage today (23/11/2022) during the opening of the 2022/2023 Legal Year and Re-dedication service of the Rivers State Judiciary. To underscore this, the first lesson was taken from Deuteronomy 16: 18-20. It was read by the Governor of Rivers State, His Excellency Nyesom Ezenwo Wike.
The passage reads: “You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes , and they shall judge the people with just judgement. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe binds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you”.
As I wish the Rivers State Judiciary, lawyers , judiciary workers and all court users a productive and result-driven Legal Year, may I remind all members of the legal community in Nigeria of the truth of the statement made by one-time Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher, on Monday, the 19th day of September, 2011, that the society is not entirely satisfied with the judiciary (I dare say lawyers too). According to His Lordship, “Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities accept the gap in expectations, and do our utmost to bridge it”.
More Nigerians readily agree that many of our courts do not give justice I.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt, are places where judicial power is easily abused and the poor oppressed. Many believe the judiciary does not protect the indigent, as the rights and interests of the citizens are no longer perceived to be a priority for the courts. Many believe the delays and increasing cost of litigation have cost the judiciary of its description as the “last hope of the common man”. Many will readily point at many things that are wrong with the justice delivery system while acknowledging their successes. Lawyers, judges, law enforcement officers and court staff are routinely blamed for these problems. The people lament the penchant of the legislature in amending the constitution and electoral laws to give pre-eminence to electoral matters at the expense of commercial disputes, human rights violation and criminal cases. There is therefore a huge gap between peoples’ view of the type of justice to expect in the country and what obtains in our very courts.
“More Nigerians readily agree that many of our courts do not give justice i.e. they deliver judgments that do not give justice, waste a lot of time, are corrupt”
The expectation of a justice delivery system that is efficient, effective, even-handed and cost-effective is not baseless, as the effectiveness or otherwise of the justice system of any social order and reflects the confidence the public has in it. It also shows the extent to which state and authorities are able to achieve regulative capability among the citizens. Sadly for Nigeria, the common man, the rich and the state do not have confidence in the justice system.
It is a commonly agreed position that Nigeria can only attain the much desired socio-economic and political development, stability and sustainability if it has an effective and efficient justice system. Such justice system will guarantee the maintenance of laws and regulation of the state, citizens behaviours and relations. Nigerians are groaning under the weight of depleted public revenue occasioned by profligacy, waste in governance, misplaced priority, terrorism and insecurity, lack of transparency in the management of public funds, corrupt practices, gross violation of human rights, prolonged detention without trial, disobedience of court orders, intimidation of judicial officers etc. Accordingly, Nigerians expect that the only thing that could guarantee them some degree of enjoyment of their fundamental rights as well as accountability in government is effective administration of justice. We hope that all of us will join hands to ensure we enjoy effective justice delivery in Nigeria.
This piece is not to suggest that the judiciary has not done well or acted in the overall best interest of Nigeria, but to show that more remains to be done. Indeed, the effects of interference, intimidation, insufficient funding /lack of financial autonomy among others on administration of justice are not lost on one. Intimidation and lawlessness by members of the executive especially law enforcement agencies abound. They show contempt to court orders when they are not in their favour or do not please them. The legislature is not left out in this trend.
The judiciary, in a democratic polity like Nigeria must be properly insulated from undue political pressures and the attendant political manipulation or executive interferences. Access to judges outside official channels has been one of the greatest problems that further threaten the independence of the judiciary in Nigeria.
We can get it right only if we choose. Right persons must be appointed as judicial officers. There should be an objective of assessing them without undue reliance on the number of judgments they deliver. They should be insulated from all forms of interference and intimidation. The Bar must of course be there to speak on their behalf when they cannot. The constitutionally enshrined financial autonomy must be respected. Lawyers have a pivotal role to play in all this.
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I have watched the unfolding developments in NBA with a lot mixed feelings and dread. A part of me wanted to laugh at those (including a Presidential candidate) who colluded to secure my unlawful disqualification from contesting for NBA Presidency in the forthcoming election, who are now screaming blue murder over the choice of Chams City Plc to provide the e-voting platform for the election. Despite the urge to give in to ‘I have the last laugh’, I am rational enough to fear for the future of our great Association. Edmund Burke warning that the only thing necessary for the triumph of evil is for good men to do nothing strengthened my resolve, not to keep silent. Continue Reading