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Ten Years of Justice Sector Reform in Nigeria: a 360 Degrees Review

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Ten Years of Justice Sector Reform in Nigeria: a 360 Degrees Review Ten years of Justice Sector Reform in Nigeria: A 360 DEGREE REVIEW 3rd Federal Integrity Meeting for the Justice Sector Ladi Kwali Hall, Sheraton Hotel Abuja 2nd and 3rd April 2009 This project is funded by the European Union The views expressed in the present publication are those of the participants in the side events and do not necessarily reflect the views of the United Nations. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has been made possible thanks to a contribution by the European Commission. This publication has not been formally edited. Cover page design: Ms. Karin Krumphals, UNODC CONTENTS INTRODUCTION … 3 ACKNOWLEDGEMENTS … 4 OPENING SESSION … 6 CONCLUSIONS OF THE WORKING GROUPS … 10 A: Access to Justice and Public Trust … 10 Measures to Enhance Transparency and Information Dissemination to Court Users … 10 Alternative Dispute Resolution Mechanisms … 11 Access to Legal Services … 12 Other measures to enhance access to justice … 14 B. Continuing Professional Education … 17 Training of Judicial Officers … 17 Training of Court Support Staff … 19 Training of Legal Practitioners … 19 Training of IPOs and Police Prosecutors … 20 C: Case Management and Information and Communication Technology … 23 Case Management … 23 Court Management … 24 Information and Communication Technology … 24 Other measures to enhance case management and ICT … 26 D: Integrity and Accountability … 27 Professional Standards … 27 Oversight Bodies … 28 Public Complaints Mechanisms … 29 Human Resource Policies and Management … 29 Court Monitoring and Performance Management … 30 Other measures to enhance integrity and accountability … 31 APPENDICES … 32 Appendix 1: Ten Years of Justice Sector Reform – An Impact Review … 32 Appendix 2: Agenda … 47 Appendix 3: List of Participants … 52 2 INTRODUCTION The overall objective of the UNODC/EC project titled “Support to the Economic and Financial Crimes Commission and the Nigerian Judiciary” was to enhance good governance and financial accountability, and to counter the incidence of fraud, waste, financial crimes and corruption in Nigeria through support to the Economic and Financial Crimes Commission and the Judiciary, as well as to other relevant institutions. The judicial component of the project, which is being implemented both at the Federal level and in ten pilot States, aims to support the Nigerian Judiciary to strengthen judicial integrity and capacity through the development and implementation of a comprehensive strategy. This conference was convened by UNODC in collaboration with the Security, Justice and Growth Programme of DFID and the National Judicial Institute. The target audience was the entire leadership of the justice sector, including the Chief Justice of Nigeria, the President of the Court of Appeal, the Chief Judge of the Federal High Court, the President of the National Industrial Court, the Chief Judges of all the State Judiciaries and the Federal Capital Territory, the President of the Customary Court of Appeal, the Grand Kadis of the Shariah Court of Appeal, the Attorney General of the Federation and Minister of Justice, the Solicitor General of the Federation and Permanent Secretary of the Federal Ministry of Justice, the Inspector General of Police, the Comptroller-General of Prisons, the Members of the National Assembly, the Chairman of the Nigerian Law Reform Commission, the Nigerian Bar Association, and international partners who have provided support for, and civil society organizations active in, justice sector reform in Nigeria. The purpose of this conference of stakeholders was to engage in a comprehensive review and evaluation of the judicial reform efforts at both Federal and State levels over the past ten years. The review was conducted through four working groups that addressed the following themes: A: Access to Justice and Public Trust; B: Continuing Professional Education; C: Case Management and Information and Communication Technology; and D: Integrity and Accountability. 3 ACKNOWLEDGEMENTS This report has been has been prepared under the Framework of the EU/UNODC project on “Support to the Economic and Financial Crimes Commission and the Nigerian Judiciary” NGA S08. UNODC wishes to acknowledge the valuable contributions made by all participants in the Conference on “Ten Years of Justice Sector Reform in Nigeria: A 360 Degree Review”, held on 2-3 April 2009, in Abuja, Nigeria. In particular, UNODC is grateful to the Hon. Justice Idris Legbo Kutigi, GCON, CJN, the Hon. Justice M.L. Uwais, GCON, CJN Rtd. and the Hon. Senator Umaru Dahiru, for their guiding words which inspired and guided participants in their deliberations. UNODC also wishes to thank the conference moderators for their efforts in guiding the discussions in the working groups. In particular, UNODC wishes to thank the Hon. Justice L.H. Gummi, OFR (CJ FCT), the Hon. Justice Umaru Eri, OFR (NJI), the Hon. Justice Kashim Zannah (CJ Borno State), the Hon. Justice J.N. Ndajiwo, OFR (CJ Niger State and Member of NJC), Hon. Justice I. Hwande (CJ Benue State); the Hon. Justice R.P.I. Bozimo, (CJ Delta State), Prof. Mohammed Tabiu (SJG), the Hon. Justice A.A.I. Banjoko (FCT High Court) and Prof I.A. Ayua. We further wish to express our gratitude to all the panellists for informing the discussions in the working groups through their well prepared interventions. In particular, UNODC wishes to thank Dr Uju Agomuo (PRAWA), Mr Joseph Oteh (Access to panellists and facilitators of Justice), Ms Ezinwa Okoroafor (FIDA), Ms Ugonna Ezekwem (UNODC), Prof. Mamman Tahir (Nigerian Law School), Mr. Rotimi Akeredolu, SAN (NBA), Prof. Alimika (DG NIPSS), Mr. Dele Peters (NJI), Mr. Yusuff Olaniyi (UNODC), Hon. Justice Ayo (Lagos State High Court), Barr. Emeribe (MoJ Enugu State), Prof. Yemi Akinseye George, Hon. Justice C. Nweze and Hon. Justice Amina Agie (Court of Appeal), Dr. Nihal Jayawickrama (UNODC consultant), Hon. Justice Lawan Shuaibu (Federal High Court), Mr. Chino Obiagwu (LEDAP), Ms Saudatu Mahdi (WRAPA), Mr. Orakwe (Prison Service), Mr. Ojukwu (Commissioner of Police, FCT), Mr. Austin Iwar (NPS), Prof. Taofiq Ladan, Mr. Dele Peters (Director of Research, NJI), Ms. Phoebe Ayua (Director Studies, NJI), Panelists: Mr. John Yisa Doko, Hon. Justice Biola Okikiolu (Lagos State High Court), Hon. Justice H.L. Balogun (Kaduna State High Court), Dr. Oliver Stolpe (UNODC), Mr. Gabriel Aduda (EFCC), and Mr. Darius Khobo (CR Kaduna High Court). A very special thanks is due to the working group rapporteurs, Mr. Agada Elachi, Ms. Julcit Daudu (NJI), Ms Emiola Oyefuga (SJG) and Mr. Idris Bawa (SJG), for their accurate documentation of the proceedings and help in preparing this report. In particular, UNODC wishes to thank the Conference Rapporteur, Dr. Nihal Jayawickrama, for preparing the overall report. Last but not least, UNODC would like to acknowledge the contributions made by the conference facilitators, Ms Ukamaka Osigwe (UNODC), Mr. Mahmud Gama (NJI) Ms Hadiza Saeed, Mr. Abdulazeez Olumo (NJI) Mr. Peter Omenka (SJG), Osmond Otobo (NJI) and Mr. Gilbert Tor (NJI), as well as all other staff of the National 4 Judicial Institute, the Security, Justice and Growth Programme and the United Nations Office on Drugs and Crime, who helped in preparing and servicing the conference. Abuja 28 May 2009 Dagmar Thomas Representative UNODC Country Office Nigeria 5 OPENING SESSION The Opening Session commenced with a welcoming address by The Hon. Justice Umaru Eri (Rtd.), OFR, Administrator of the National Judicial Institute (NJI). He noted that UNODC, in collaboration with the NJI, had been responsible for the execution of the principal project: “Support to the Economic and Financial Crimes Commission and the Nigerian Judiciary”. Phase 1 of the project had commenced in 1999 and ended in 2002 in the three pilot States of Borno, Delta and Lagos. Phase 2 had seen the expansion of pilot States to ten, namely, Anambra, Benue, Borno, Delta, Enugu, Kaduna, Katsina, Lagos, Rivers State and the Federal Capital Territory. He observed that as part of the implementation of Phase 2, consultants had been engaged to conduct training in Judicial Ethics, Alternate Dispute Resolution (ADR) and Restorative Justice (RJ) for judicial officers and stakeholders at a series of workshops. UNODC had worked with the National Judicial Institute with the aim of enhancing the capacity of NJI staff, judges and magistrates to train others in the relevant State Judiciaries under the project. A Training Manual on Judicial Ethics and a Manual on Alternative Dispute Resolution and Restorative Justice had been produced. The Administrator noted that the project is also aimed at increasing public trust and confidence in the justice sector. In this connection, town hall meetings had been held in some pilot States to provide a platform for citizens to interact with the justice sector. Judiciary media relations officers and journalists were trained at special sessions held for them at these town hall meetings in order to improve the quality and quantity of reporting on judicial matters. The production of the court user’s guides on Arrest, Detention and Bail, Basic Criminal Procedure, Victims and Witnesses, Alternative Dispute Resolution and Basic Civil Procedure, were
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