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SLIDE PRESENTATION

BUILDING ETHICAL INSTITUTIONS

THE EXPERIENCE OF THE LAGOS STATE JUDICIARY

Prof. Yemi Osinbajo, SAN

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INTRODUCTION

• One of the worst consequences of Military Rule is usually the deliberate decimation or undermining of the institutions of civil governance. Administration of Justice usually suffers most.

• Nigeria had been under Military rule for about 30 years since 1967. (with a break of 4 years of civil rule1975-79).

• Lagos State, Nigeria’s commercial nerve centre, and most populous State, had to confront this aftermath of Military rule – widespread judicial corruption and inefficiency and loss of public confidence in the administration of justice system.

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THE JUDICIARY

The High Court of Lagos State:

• By far the largest judiciary; currently 52 high courts

• 109 Magistrates

• Customary courts in local governments

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High Court of Lagos State: Case load

Year Court Fresh cases filed

Pending cases

1999 Lagos 10,226 40,000

2000 Lagos 9,969 23,197

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Perceptions on corruptionA Survey of Perceptions of lawyers on

corruption in the administration of Justice(conducted in 2000 by the Lagos State Ministry of

Justice)

Sample 100 LawyersHighlights

99% agree there is corruption in Lagos Judiciary.

80% of lawyers between 11 and 15 years at the bar agree that the prevalence of corruption is either high or very high.

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Highlights continued90% of lawyers agree that between

judges, magistrates, lawyers, registry personnel and bailiffs, the level of corruption is highest in the magistracy.

Over 65% of lawyers between of 11 and 15 years at the bar believe that confidence in the judiciary is very low.

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WHY IS CORRUPTION SO PERVASIVE?

• Corruption is systemic• No consequence• Every institution or power used for rent-seeking.• High social toleration level/ culture.• Poor remuneration – Awesome power

Judicial Corruption: The misuse of Judicial office or power for private

gain

““It’s absurd to give men power and then It’s absurd to give men power and then require them to live in penury”require them to live in penury”

- Robert Clive- Robert Clive

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Types of Corrupt Practices• Financial & other inducements• Group/Ethnic loyalties.Main targets are Judges, Magistrates, Baillifs, Clerical Staff

Judges & Magistrates: • Early hearing• Allowing delays • Favourable outcome• Assailable judgments even when against corrupter

Bailiffs:• To ensure service or non-service of processes.• To ensure enforcement of judgments. • Favourable purchase of attached goods

Clerical Staff:• Quick filing of processes• Ensuring quick movement of files

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Identified Causes in surveys• Long delays in trial process (allowing for

corrupt use of discretion).

• Poor remuneration. An honest judge could not reasonably expect to buy or build a home

• Winner-takes-all outcome litigation.

• Low reportability of corrupt practices and no sanctions when reported.

• Cultural Problems?• Informality of relationships• High social toleration level for corruption (no

consequences)

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Delays in Trial ProcessMay 1999• Pending cases at the High Court – 30,000• Long delays in trial process

Type of case Trial Time

Land Matters 7 – 8 years

Personal Matters 3 – 4 years

Commercial Cases 3 – 5 years

Family Cases 2 – 5 years

Administrative processes of instituting a case from

filing to assignment to a judge takes at least 6 weeks.

The overall average for cases is 4.25years. These

figures assumed that there would be no

interlocutory appeals which could drag the process

on for an additional 50% of the stipulated periods.

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Outmoded Procedure

• Form emphasized over substance.

• No judicial control over proceedings

• Led to extensive dilatory tactics

• Poor costs regime

• No limit interlocutory appeals

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Remuneration

• In 1991• Judges of the High Court:

Salary – just over $300 (US Dollars) per monthCarOfficial

• Magistrates Salary - $50 (US Dollars) a monthNo carNo official quarters.

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THE REFORM INITIATIVES1. Reversing Delays

2. Alternative Dispute Resolution

• The Multi Door Court House

• The Mediation Centres

3. Remuneration

4. Detection/Sanctions

5. Introduction of Code of Conduct for Judges

6. New Culture – New Values

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1. Reversing Delays:

• In 2001 26 Judges were appointed.

• A new appointment procedure, exams and interviews. Emphasis on merit.

• New Rules• Case Management• Front Loading• Costs Regime• Limited adjournments

• Creation of Specialist Divisions• Criminal Division

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• Creation of Specialist Divisions continued

• Commercial Division• Family Division• Land Division• General Civil Division etc.

• Electronic Recording Machines• Computerisation

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2. Alternative Dispute Resolution -Multi Door Court House

Mediation Centres

• Antidote to winner-takes-all

&

Delays

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Remuneration – since 1999

• Judges Salary and - $3,500 US Dollars per

running cost month and other benefits.- Car and driver.

House - in choice low density location, given gratis.

Shares - worth about $20,000 (US Dollars)

Land - in choice low density location.

• Magistrates Entry level salary- $300 dollars per month up to

$1,000 dollars Car - given gratis. Land

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• Creation of Specialist Divisions

continued

• Commercial Division

• Family Division

• Land Division

• General Civil Division etc.

• Electronic Recording Machines

• Computerisation

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4. Detection• 40% of Lawyers not inclined to report corrupt

judicial officers because believe no action will be taken.

• 53% of Lawyers between 1 and 5 years at the bar will not report corruption for fear of victimization.

Antecedents

• No sanction of Magistrates prior to 1999

• No sanction of Judges prior to 1999

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5. Sanctions

• Once reported any complaint of corruption will be processed up to the National Judicial Council automatically.

• 21 Magistrates terminated.

• 3 Judges retired.

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New Culture – New Values

• Different criteria for appointment of Judges & Magistrates

• Merit

• Examinations

• Performance Evaluation

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Some Results…

1. Pending cases

1999 30,000

2002 13,802

2003 5,227

2. No reports of corruption since 2002.

3. Greater corporate focus in Judicial integrity (by peer influence).

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2008 perception Survey Results On how the lawyers surveyed rate public confidence in the judiciary –• Very good – 32%• Requires improvement – 45% • Poor – Only 5 % • Very poor - Only 1 %

On the performance of the Lagos State Judiciary - • Excellent – 4 % • Very good 45% • Requires improvement • Poor – 2%• Poor – 1 %

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Challenges

• Ensuring sustainability of reforms (executive commitment).

• Computerisation (sluggish acceptance).

• Retraining of staff and continuing Education.

• Use of Code of Conduct not well monitored.

• No reforms in the appellate court system.