Barkindo-Towards Enhancing Bar-Bench Relations in Jigawa State of Nigeria
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Transcript of Barkindo-Towards Enhancing Bar-Bench Relations in Jigawa State of Nigeria
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TOWARDS ENHANCING BAR- BENCH RELATIONSHIP IN
J IGAWA STA TE OF NIGERIA
Paper delivered at theJigawa State Bar-Bench
Forum MeetingHeld on 11 th March, 2008
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By I b ra h im B a rk i n do
Assistant Lecturer,Center for Islamic Legal Studies,
Institute of Administration,
Ahmadu Bello University,Zaria.
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Overview
Purpose of Bar-Bench ForumThe Position of Bar-Bench Relations inJigawaHomogeneity of Bar-Bench Relationsacross the Nation
Lessons to be learnt from other jurisdictions
Suggestions/Recommendations
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Purpo se of Bar-Benc h Rela t ions
To bridge gaps if anyTo provide an avenue for interaction andcross-fertilization of ideasWorking together to champion justiceTo smoothen litigation processto defend the Rule of Law
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Sc ope o f Bar-Benc h Re la t ionsh ip
Relationship inside the courtroomRelationship outside the courtroom- Connected to a case, like comment on
an on-going or determined case- General comments on the judiciary
generally or on a particular judge,whatever the comment is
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The RPC and Bar-Benc h Rela t ions hip
Rules 1, 2 and 3 specifically talk about Bar-Bench Relationship
It is the duty of the lawyer to maintain respectful attitude, not for the sake of the temporaryincumbent of the judicial office, but for the maintenance of its supreme importance. Judgesnot being wholly free to defend themselves, are peculiarly entitled to receive the support ofthe Bar against unjust criticisms and clamour. R 1 (a)A lawyer should never show marked attention or un-usual hospitality to a judge, uncalledfor, by the personal relations of the parties. He should avoid anything calculated to gain orhaving the appearance of gaining special consideration or favour from a judge. R 2During trial, the lawyer should always display a dignified and respectful attitude towards the
judge presiding, not for the sake of his person, but for maintenance of respect for andconfidence in the judicial office. It is both the right and duty of the lawyer fully and properlyto present his case and to insist on an opportunity to do so. He should vigorously present
all proper arguments against any ruling he deems erroneous and should see to it that acomplete and accurate case is made.A lawyer should not discuss a pending case with any judge trying the case, unless theopposing lawyer is present.
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Dut y o f Counse l t o Cour t
To be punctual to court
to attend all court sittings unless with a leave, to be properly dressed to court must know the correct mode of addressing the judge and professional
colleagues must know and maintain correct decorum in court must maintain a respectful attitude to the court in words and deed to be fully prepared to go on with the case and not seek unnecessary
adjournments thereby wasting the courts time must conduct his in logical sequence thereby assisting the court to follow the
case with ease must be candid and fair
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Dut y o f Cour t t o Counse l
Constitutional obligation to grant fair hearing:- Counsel must be allowed to conduct his case in the
way he feels best and the court should not interfere- Counsel to be accorded right of audience- Court is expected to respect counselWhere a court unduly interferes, judgment may be set
aside on appeal (HIPPY Hallet case)
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The Pos i t ion o f Bar-Benc h Re la t ionsi n J i gaw a
Bar-bench Relationship in Jigawa is average and can be enhanced if a forum
of executives of the two is formed to always work together to identify and tableproblems at Bar-Bench Meetings a judge from JigawaThe Relationship is cordialSome judges see that Sharia Court judges receive less respect from the Barthan their counterparts in the Magistrate CourtsIf not for some unnecessary applications by some members of the Bar, therelationship is good.The Bar-Bench Forum should be open and be implementing Recommendationsmade. A lawyer from Jigawa
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Hom ogene i ty o f Ba r-Benc h Re la t ions ac ros s t hec o u n t r y
Our relationship with the Bench has always been cordial, The Bar should always remain thedefender of the judiciary and for the past two years, we have stoutly spoken for and stoodby the judiciary, even at the risk of personal attacks and reprehension. It is hoped that allheads of courts in this country will appreciate the fact that the Bar and the bench shouldalways work in unison, as both of them belong to the same family or parents and that anyattempt by one to attack, ridicule, undermine or subvert the other would be counter-productive to both of them, and might end up destroying the age-long symbiotic relationshipbetween these twin pillars in the temple of justice.
When judges orderlies were unceremoniously but unconstitutionally withdrawn, the Barchampioned the battle for their restoration. When some highly respected Justices of theSupreme Court and Court of Appeal were being taunted and ridiculed, the Bar took thenbattle to the doorsteps of the attackers. When the Chief Judge of Plateau State wasremoved by Governor Joshua Dariye and the Plateau State House of Assembly, the Barcalled for caution and the amendment of the Constitution which virtually politicized the
offices of Chief Justice of Nigeria and the Chief Judge of a State. A few weeks back, Ipersonally took up with the Inspector general of Police the case of an armed robbery attackagainst one of our four judges in Enugu State who has no security protection whatsoever ineither his office or residence.
Chief Wole Olanipekun at the 2004 Annual General/Delegates Conference delivering his ReportSheet as the President of the NBA.
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Bar-Benc h Re la t ions in Low er Cour t s
Some counsel appearing before Sharia Courts find the Procedure strange or
un-usualIssues like Cross-examination of witnesses & who puts questions to a witnessspring-upThe position of role of a legal practitioner in litigation is also an issue still raisedby some judgesThere is lack of understanding by some Sharia Court judges of who a legalpractitioner is, what he does & his role in litigation.Some Sharia Court judges perceive that lawyers see them as inferior breed of
judges and that lawyers respect magistrates ore than them
Some counsel have a feeling that some judges conduct themselves inunprofessional waysSome Sharia Court judges see that at most, lawyers can only be Agents ofparties to a suit and should not have any extra powers.
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Lessons t o be l ea rn t f rom o t he r j u r isd i c t i ons
Bench and Bar of Minnesota: the official publication of the Minnesota bar
AssociationKentucky Bar and Bench: Journal of law contributions to it are from judges andlawyersBench-Bar Symposium on Professionalism: organized by the Connecticut BarAssociation and State of Connecticut Judicial Branch
Washington Bench-Bar-Press Committee: The Bench-Bar-Press Committee ofWashington was formed in 1963 to foster better understanding among lawyers,
judges, law-enforcement officers, and representatives of the news media, andto seek accommodations between the constitutional rights of fair trial and freepress.Michigan Appellate Bench-Bar Conference: issues in practice and procedurediscussed, problems brought forth for discussion and solution, malpracticeshighlighted and ways of tackling them discussed. (Conference Summary Reportavailable in PDF format on request
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Sugges t ions /Recommenda t ions
The Bar-Bench Forum of Jigawa should meet more frequently
so as to tackle the various issues arising over the timePeriodic surveys on Bar-Bench relationship be carried out topopulate the behavior, opinion, perception and experience ofboth the benchers and members of the Bar on mutualprofessional relationship.Design activities and projects as a result of the above surveys.Both Individual and Institutional Approaches should be
undertaken to further the good Bar-Bench Relationship inJigawa State.
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I n st i t u t i o na l L e ve lPeriodic meetings with a year calendar in advance; featuring hot issues on practice andprocedure (Draft Calendar to be used)
Monthly Newsletters (e.g. Jigawa Bar-Bench Newsletter ): judges and members of the Barto contribute to the newsletter. (Design template)Introduction of reward/merit mechanisms (e.g. most punctual judge, most resourcefulcounsel of the year, and so on)The NBA should device means by which Bar-bench Relationship should be enhanced fromtheir side (Design of self appraisal forms to be filled by counsel to gauge their observanceof the RPC)The Judiciary should also device means by which benchers will better the Bar-benchrelationship (device self appraisal forms to be filled by judges to gauge their observance of
judicial ethics)At the bar-bench Forum, the two surveys should be merged, action plans drawn from themand executed.The NBA should translate into Hausa the Rules of professional Conduct in the legalprofession for the some Sharia Court judges who might need a Hausa version. (KawuBalas efforts)Whether there is a need to integrate the media into some activities? (Washigton BBPC)Introduction of some non-professional activities like excursions and football matches ( Bar v.Bench)
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Ind iv idua l Leve lEach and every member of the bar and the bench should:
Redefine his principles regarding the Rule of Law and resolve to strive toactualize a better Bar-Bench relationshipObserve the conduct and etiquette, either at the bar or benchSelf appraisal of compliance with the Rules of Professional ethics or Judicialethics
Adapting to conformity to standards, should one find himself short of standardafter appraisalSharia court judges to engage in more research into Islamic legal currents,Nigerian Law and professional ethicsLawyers should research further into Islamic law in order to appreciate its
principles its principles, practice and procedureLawyers should also raise their level of respect for Sharia Court judgesMembers of the legal profession generally should cultivate a sense of belief inthe profession.
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Conc lus ionBBR is always cordial, except on few issues
Bar-bench Forum should trigger change-agents at both individual andinstitutional levelsThe NBA and the JSC should take up change agents in theirrespective fields
Each individual should abide by the change agents within his area (beit the bar or the bench)Survey of self appraisals, experience, complaints etc to be used indetermining issues for discussions at the Bar-Bench Forum
Each action taken up by the forum should be supported by an actionplan and timeline.
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Refe rencesAmbali, M.A. The Practice of Muslim Family Law in Nigeria , Tamaza Publishing Company, Zaria,(2003) p.21
Bwala, B.U. Area Courts: The Law, Civil and Criminal Procedures . Midland Press, Jos, (1998) PP.83-130Lord Denning, The Due Process of Law . Butterworths, London, (1980) Pp. 1-66Lord Denning, The Discipline of Law . Butterworths, London, (1979)Brochure for the Annual General/Delegates Conference of the Nigerian Bar Association. 22 nd-27 th
August, 2004. Pp. 25-28 (Report sheet of Chief Wole Olanipekun, the then President of the NBA)
Barkindo, I. The Role of Lawyers and Cross-Examination of Witnesses under Islamic Law . An un-published paper delivered at the 9 th Annual Judges Forums Conference organized by the Center forIslamic Legal Studies, A.B.U. Zaria at Kongo Conference Hotel, Zaria, 224 th-26 th October, 2007The Legal Practitioners ActRules of Professional Conduct in the legal profession2007 Michigan Appellate Bench-Bar Conference Summary Report (downloaded in pdf format from theinternet)The Indian Contempt of Court Act, 1971Code of Conduct of the Bar of the Hong-Kong Special Administrative Region (effective from May,1998)