Barkindo-towards Enhancing Bar-bench Relations In Jigawa State Of Nigeria

TOWARDS ENHANCING BARBENCH RELATIONSHIP IN JIGAWA STATE OF NIGERIA Paper delivered at the Jigawa State Bar-Bench Forum Meeting Held on 11th March, 2008

By Ibrahim Barkindo

Assistant Lecturer, Center for Islamic Legal Studies, Institute of Administration, Ahmadu Bello University, Zaria.

Overview z z

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Purpose of Bar-Bench Forum The Position of Bar-Bench Relations in Jigawa Homogeneity of Bar-Bench Relations across the Nation Lessons to be learnt from other jurisdictions Suggestions/Recommendations

Purpose of Bar-Bench Relations z z

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To bridge gaps if any To provide an avenue for interaction and cross-fertilization of ideas Working together to champion justice To smoothen litigation process to defend the Rule of Law

Scope of Bar-Bench Relationship z z -

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Relationship inside the courtroom Relationship 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

The RPC and Bar-Bench Relationship z z

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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 temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticisms and clamour. R 1 (a) A lawyer should never show marked attention or un-usual hospitality to a judge, uncalled for, by the personal relations of the parties. He should avoid anything calculated to gain or having the appearance of gaining special consideration or favour from a judge. R 2 During 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 and confidence in the judicial office. It is both the right and duty of the lawyer fully and properly to 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 a complete and accurate case is made. A lawyer should not discuss a pending case with any judge trying the case, unless the opposing lawyer is present.

Duty of Counsel to Court • • • • • • • • •

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 court’s time must conduct his in logical sequence thereby assisting the court to follow the case with ease must be candid and fair

Duty of Court to Counsel

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 counsel Where a court unduly interferes, judgment may be set aside on appeal (HIPPY Hallet case) z

The Position of Bar-Bench Relations in Jigawa z

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“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 table problems at Bar-Bench Meetings” – a judge from Jigawa “The Relationship is cordial” Some judges see that Sharia Court judges receive less respect from the Bar than their counterparts in the Magistrate Courts If not for some unnecessary applications by some members of the Bar, the relationship is good. The Bar-Bench Forum should be open and be implementing Recommendations made. A lawyer from Jigawa

Homogeneity of Bar-Bench Relations across the country “Our relationship with the Bench has always been cordial, … The Bar should always remain the defender of the judiciary and for the past two years, we have stoutly spoken for and stood by the judiciary, even at the risk of personal attacks and reprehension. It is hoped that all heads of courts in this country will appreciate the fact that the Bar and the bench should always work in unison, as both of them belong to the same family or parents and that any attempt by one to attack, ridicule, undermine or subvert the other would be counterproductive to both of them, and might end up destroying the age-long symbiotic relationship between these twin pillars in the temple of justice. When judges’ orderlies were unceremoniously but unconstitutionally withdrawn, the Bar championed the battle for their restoration. When some highly respected Justices of the Supreme Court and Court of Appeal were being taunted and ridiculed, the Bar took then battle to the doorsteps of the attackers. When the Chief Judge of Plateau State was removed by Governor Joshua Dariye and the Plateau State House of Assembly, the Bar called 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, I personally took up with the Inspector general of Police the case of an armed robbery attack against one of our four judges in Enugu State who has no security protection whatsoever in either his office or residence….” Chief Wole Olanipekun at the 2004 Annual General/Delegates Conference delivering his Report Sheet as the President of the NBA.

Bar-Bench Relations in Lower Courts z

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Some counsel appearing before Sharia Courts find the Procedure strange or un-usual Issues like Cross-examination of witnesses & who puts questions to a witness spring-up The position of role of a legal practitioner in litigation is also an issue still raised by some judges There is lack of understanding by some Sharia Court judges of who a legal practitioner 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 in unprofessional ways Some Sharia Court judges see that at most, lawyers can only be Agents of parties to a suit and should not have any extra powers.

Lessons to be learnt from other jurisdictions z

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Bench and Bar of Minnesota: the official publication of the Minnesota bar Association Kentucky Bar and Bench: Journal of law contributions to it are from judges and lawyers Bench-Bar Symposium on Professionalism: organized by the Connecticut Bar Association and State of Connecticut Judicial Branch Washington Bench-Bar-Press Committee: The Bench-Bar-Press Committee of Washington was formed in 1963 to foster better understanding among lawyers, judges, law-enforcement officers, and representatives of the news media, and to seek accommodations between the constitutional rights of fair trial and free press. Michigan Appellate Bench-Bar Conference: issues in practice and procedure discussed, problems brought forth for discussion and solution, malpractices highlighted and ways of tackling them discussed. (Conference Summary Report available in PDF format on request

Suggestions/Recommendations z

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The Bar-Bench Forum of Jigawa should meet more frequently so as to tackle the various issues arising over the time Periodic surveys on Bar-Bench relationship be carried out to populate the behavior, opinion, perception and experience of both the benchers and members of the Bar on mutual professional 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 in Jigawa State.

Institutional Level z z z z

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Periodic meetings with a year calendar in advance; featuring hot issues on practice and procedure (Draft Calendar to be used) Monthly Newsletters (e.g. Jigawa Bar-Bench Newsletter): judges and members of the Bar to contribute to the newsletter. (Design template) Introduction of reward/merit mechanisms (e.g. most punctual judge, most resourceful counsel of the year, and so on) The NBA should device means by which Bar-bench Relationship should be enhanced from their side (Design of self appraisal forms to be filled by counsel to gauge their observance of the RPC) The Judiciary should also device means by which benchers will better the Bar-bench relationship (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 them and executed. The NBA should translate into Hausa the Rules of professional Conduct in the legal profession for the some Sharia Court judges who might need a Hausa version. (Kawu Bala’s 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)

Individual Level Each and every member of the bar and the bench should: z Redefine his principles regarding the Rule of Law and resolve to strive to actualize a better Bar-Bench relationship z Observe the conduct and etiquette, either at the bar or bench z Self appraisal of compliance with the Rules of Professional ethics or Judicial ethics z Adapting to conformity to standards, should one find himself short of standard after appraisal z Sharia court judges to engage in more research into Islamic legal currents, Nigerian Law and professional ethics z Lawyers should research further into Islamic law in order to appreciate its principles its principles, practice and procedure z Lawyers should also raise their level of respect for Sharia Court judges z Members of the legal profession generally should cultivate a sense of belief in the profession.

Conclusion z z

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BBR is always cordial, except on few issues Bar-bench Forum should trigger change-agents at both individual and institutional levels The NBA and the JSC should take up change agents in their respective fields Each individual should abide by the change agents within his area (be it the bar or the bench) Survey of self appraisals, experience, complaints etc to be used in determining issues for discussions at the Bar-Bench Forum Each action taken up by the forum should be supported by an action plan and timeline.

References z

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Ambali, 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.83130 Lord Denning, The Due Process of Law. Butterworths, London, (1980) Pp. 1-66 Lord Denning, The Discipline of Law. Butterworths, London, (1979) Brochure for the Annual General/Delegates’ Conference of the Nigerian Bar Association. 22nd-27th 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 unpublished paper delivered at the 9th Annual Judges’ Forum’s Conference organized by the Center for Islamic Legal Studies, A.B.U. Zaria at Kongo Conference Hotel, Zaria, 224th-26th October, 2007 The Legal Practitioners Act Rules of Professional Conduct in the legal profession 2007 Michigan Appellate Bench-Bar Conference Summary Report (downloaded in pdf format from the internet) The Indian Contempt of Court Act, 1971 Code of Conduct of the Bar of the Hong-Kong Special Administrative Region (effective from May, 1998)