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Problems with the Nigerian Legal System

27/11/2022 | objavio Radio Gradačac

5. Detailed rules should be laid down to ensure job security for judges. This will allow them to do their job efficiently and without fear. This is really a problem because it softens the originality of the legal profession in Nigeria. If corruption is allowed to infiltrate the legal profession, people will no longer respect Nigerian lawyers. As a result, the Nigerian judicial system is irreparably damaged. As I said before, justice is the last hope of the common man. Secondly, the country can use the new energies of 2007 to restore hope to its citizens through a targeted security programme firmly based on a zero-tolerance policy towards impunity. Over the past year, the country has become accustomed to a preventable epidemic of unsolved murders, without investigation or prosecution, murders, pipeline explosions and multiple air disasters. Nigerian citizens around the world have become accustomed to receiving unsolicited condolences from strangers on the street, waking up to even more news of disasters and disasters involving mass casualties. After each incident, the country buries the necessary search for responsibility and lessons with the burial of the victims and continues as before. In the sustained rate of impunity that has now become pervasive, we have reduced the value of Nigerian life to an insignificant point, and the government seems determined to eliminate the law as the foundation of a caring society.

2007 could be the year that starts to change. But that can only be the case if we start giving the police the ability to apprehend criminals and appoint as attorneys general people who are committed to prosecuting diligently, regardless of the thug involved. To move in this direction, it will be necessary to re-establish the intelligence and analytical capabilities of the police and to provide our police with the necessary equipment and skills for professional forensic work. Citizens and professionals must be prepared to consult with all candidates and political parties, as well as the new government, in order to clarify its security policy and agenda. But there have been situations at the federal and state level where governments have refused to comply with court orders. To address the problem of poor legal relations in Nigeria, the government should create a database containing the accurate decisions of Nigerian courts since independence. The Internet is now rapidly conquering all sectors of the country. Therefore, it is not advisable to publish books.

The creation of a reliable electronic legal reporting system will go a long way towards solving this problem. 2007 will certainly be a year of enormous legal challenges. It also makes it an exciting year of opportunities for the country, its leaders and advocacy. The promise of a transition between regimes – with or without electoral changes – in 2007 provides the country with a rare opportunity to renew all leadership positions in the law, its design, interpretation and application. In 2007, the country will change its president and governors at the state level (with their official approval, the legislation will become law); its legislators at all levels (who make the law); the Chief Justice of the Federation (who heads the judiciary); its Attorneys General at all levels (as Senior Legal Counsel to the Government and Chief Legal Counsel); and the Inspector General (who leads enforcement). In fact, to be honest, the country had only had such an opportunity on this scale twice: independence in October 1960 and the transition of Obasanjo`s military regime in October 1979. The year 2007 is a unique opportunity not to be missed to renew the law and the mechanisms for its implementation and enforcement. ECOWAS Court calls for legal system to ensure protection of Ivorians` rights There have been situations where the executive has intervened in the functions of the judiciary to manipulate them into following their orders. The judiciary is an independent branch of government, only to be checked for excesses in accordance with the constitution. Issues of the legal profession in Nigeria: You will agree with me that Nigeria has the best law firms, lawyers and law students in Africa. This country is undoubtedly blessed with great intellectuals.

Last year alone, about 200 students graduated with honors from the Nigerian Faculty of Law. Nigeria is probably the first and only country in Africa to have created the case management system. With the case management system, lawyers must obtain legal mail to facilitate communication and correspondence with the courts. The mail system is indeed a step in the right direction for the Nigerian Bar Association (NBA). 4. Judges and magistrates should be appointed fairly and transparently. In both cases, the judges` misconduct was deliberate. These were not mistakes.

It is almost certain that they acted in consultation with the lawyers at whose request they issued the orders. The NJC`s decision should have led the Nigerian Bar Association of the NBA to initiate disciplinary proceedings against the lawyers. Finally, there is the challenge of managing economic reforms and entrepreneurial competition that provide competitive value and security for Nigerian workers and consumers. For starters, the uncertainties surrounding the elections will discourage investors and economic activity earlier this year, but a successful or even timid transition could easily spur significant innovation in the Nigerian economy. The areas where most action will be needed will be laws regulating or managing competition and the resolution of commercial disputes. If the public does not trust the NJC as the guardian of judicial integrity to adequately protect it through appropriate sanctions, citizens can transfer judicial accountability from the courts and legal institutions to the court of public opinion. To exclude it, the NBA must be clinical in order to eradicate cowboys among its members. In other words, there is an implicit agreement here: the integrity of the judiciary is the underlying guarantee of respect for justice. The United Nations Office on Drugs and Crime, UNODC, published the view: “Judicial misconduct breaks the fiber of what is necessary for a functioning justice system – citizens who believe their judges are fair and impartial. Justice cannot exist without the confidence of the people.

This testifies to the enormous influence of English common law on the legal system in Nigeria. The Nigerian legal system is also tradition-based. Also Read: 3 Common Mistakes You Could Beat With a Lawsuit Take, for example, the honor of Senior Advocate of Nigeria (SAN) has almost become a title for friends and people who have the upper hand in the legal profession. Originally, this title was to be awarded to lawyers who have performed very well in their areas of expertise. But today, the opposite is true. We now have confused lawyers responding to SAN in Nigeria. These are some of the most important functions of the judiciary. The judiciary should carry out its tasks promptly, fairly and without interference. Imagining a forecast for the law in Nigeria in 2007 is obvious.

The legal landscape will be somewhere between déjà vu and the more it changes. The defining elements of the Nigerian legal year seem predictable at first glance. First, the government – including who controls it, how it is composed, and what it does or does not do – remains by far Nigeria`s largest and busiest animal. The parliamentary elections in April and the subsequent transition to the winning candidates and parties in May 2007 will be the most significant milestones in Nigeria for the year and beyond. Their impact on all major aspects of Nigerian life – economy, politics, institutional change, service delivery by public agencies (or lack thereof) and law, among others – is expected to be considerable.

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