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“I’ ve No HandS In The Rivers Judiciary Crisis” – O. C. J. Okocha SAN

 OKOCHA (SAN)Question:- There are calls for the privatisation of the Nigerian Law School to allow reputable law firms train lawyers while the school plays a regulatory and oversight functions, what is your reaction to this?

Answer:-The Nigerian Law School is a public institution, established pursuant to the provisions of the Legal Education Act. The Act also created the Council of Legal Education. In my humble understanding of the topical issue you have raised, the clamour has been to review what is presently the sole responsibility of the Law School in the matter of training persons to be admitted into the legal profession in Nigeria. Yes, some of the suggestions include allowing private institutions, not law firms, to train such persons; Law Firms provide facilities for Law Office Attachment. Anyhow, the Council of Legal Education is looking at the various suggestions and will in due course make its position on the matter known.

Question:- The Nigerian Law School recently celebrated its 50th anniversary. What were the highlights of the occasion and in which areas do you think the institution needs improvement?

Answer:- “The highlights of the occasion included the conferment of Honorary Fellowships of the Nigerian Law School on some distinguished Nigerians, including Gen. Theophilus Danjuma, Chief Richard Akinjide, (SAN) and the Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar (CJN). Other highlights of the occasion were the commissioning of some projects at the Bwari Campus; the launching of an Endowment Fund by various Call-Sets of the Law School, for the development of structures at various campuses of the Law School; and then there was the 50th Anniversary Dinner. Areas of improvement are still with regard to infrastructure, teaching staff and teaching methods.

Question:- The appointment of a substantive Chief Judge for Rivers State has been generating dusts for some time now, what is really the problem?

Answer:- I am baffled by that matter, just as you are. It may interest your readers to know that on the same day when a judge was recommended by the National Judicial Council (NJC) for appointment as Chief Judge of Rivers State, four other judges were also recommended for appointment as Chief Judges of some other states and the Federal Capital Territory. All the other four have been duly appointed, confirmed and sworn-in as Chief Judges. Why that of Rivers State has become rather intractable, and is now the subject-matter of some pending litigations and appeals, baffles me. I honestly believe that politics has found its way into an ordinarily simple and straight forward matter.

Question:- You have been fingered as one of the causes of the crises in Rivers Judiciary because you want to make your sister the Chief Judge of that state, what is your reaction to this?

Answer:-That is totally false and untrue. As an individual, I have absolutely no power to make my sister the Chief Judge of Rivers State. For the record, however, it is necessary to state that it was the Judicial Service Commission of Rivers State that forwarded the name of Justice Daisy W. Okocha to the NJC for recommendation, not me.

Question:- It was also argued that you used your position as a member of the National Judicial Council (NJC) to influence the body to suspend the former Acting Chief Judge of the state, what really happened?

Answer:-That is another false and untrue allegation. I am just one member of the NJC, which has a membership of 24, namely the Chief Justice of Nigeria, who is the Chairman; the next most senior Justice of the Supreme Court, who is the Deputy Chairman; the President of the Court of Appeal; five retired Justices of the Supreme Court and Court of Appeal; the Chief Judge of the Federal High Court; five Chief Judges of states; the President of the National Industrial Court; one President of the Customary Court of Appeal of a state; one Grand Kadi of a state; five legal practitioners nominated by the Nigerian Bar Association and two lay persons. How my position could have been used to influence the NJC to suspend a judicial officer also baffles me.

You should perhaps, ask the person or persons who made that baseless allegation to say how it really happened. It may also interest your readers to know that the person you refer to as the former Acting Chief Judge of Rivers State is also my brother and kinsman and that I will not gain anything by his suspension as a judicial officer.

Question:- What are your expectations from the ongoing national confab? Which problems of Nigeria would you like them to find solutions to?

Answer:- “The National Conference appears to be motivated by the perceived desire of Nigerians to chart a viable way forward for our country. It seems to me that most Nigerians, including myself, would like the conferees to focus on issues such as the structure of the Federation; the structure and system of government; the rights and duties of the federating units; resource control and revenue allocation; citizenship; indigeneship and the rights of individual citizens; the security of the country and the maintenance of law and order and the economic prosperity of the country and that of its citizens. All these and the resolutions that are likely to emerge there from, should also be geared towards the making of a truly peoples constitution for our beloved country.

Question:- Electoral crimes and resolution of electoral disputes have remained some of the greatest challenges facing our electoral system, what is your take on this?

Answer:- The problem with our electoral system is the same problem we have with Nigeria, which is lack of political will to enforce our own laws. Electoral crimes and electoral disputes are just a small percentage of the problems of administration of justice and maintenance and enforcement of law and order. As I have always maintained, give Nigeria credible, effective and efficient machinery for the administration of justice and we will have a peaceful and prosperous country that we all and our succeeding generations will enjoy, to the glory of God.

Question:- What minimum penalty do you recommend for those found guilty of electoral offences?

Answer:-The question I ask is whether we have categorized electoral offences? Electoral of- fences, just like other criminal offences, need to be properly codified and the appropriate penalties imposed accordingly. There cannot be one penalty for all electoral offences. Fines and terms of imprisonment should be analysed and imposed accordingly.

Question:- For some years now, judicial budget has consistently been on the decline. How do you think it will affect the performance of the judiciary in the pre and post 2015 general elections?

Answer:-That is a totally deplorable situation and I condemn it without any reservation whatsoever. Law and order, as a principle of governance, is priceless and invaluable. No price is too much to pay to secure law and order, and the due administration of justice. Unless we get it right, we will still continue to have difficulties and the performance of the judiciary will continue to be unsatisfactory.

May I therefore, most humbly urge the legislators, throughout Nigeria, to always have that principle in focus when they are in the process of allocating funds to the judicial arm of government.

Question:- There has been a persistent call for specialization in law practice. How do you react to this?

Answer:- Specialization in the practice of law is in evolution in Nigeria and as the nation’s economy grows, and new areas of law practice evolve, specialization will ultimately follow. Presently, it is a matter of choice, depending on how much legal business exists in any legal practitioner’s place of practice. I am a litigator in Port Harcourt and I believe that there will always be courtroom business for those of us who like the thrill of courtroom advocacy. ###

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