The National Human Rights Commission (NHRC) and a law firm, The Firma Advisory, have called for judicial reforms aimed at clearing backlog of cases and enhancing access to justice in Nigeria.
They made the call at a national roundtable discussion centred on enhancing access to justice in the country. The event, which held on Monday, was co-organised by the NHRC and The Firma Advisory, a law firm with special interest in pushing for reforms for better access to justice in the country.
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“We have to make sure that we clear the backlog and make justice something that people can touch, not just something that people dream about. To our policymakers, we need evidence-based policies and laws. We need implementation,” Managing Partner of Firma Advisory, Chinenye Uwanaka, said at the event on Monday.
She said there was the need for people-centred policies, “not just talk, not just about convenience, but we want action.”
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“We need to implement things, especially at the grassroots level,” Ms Uwanaka added.
The Executive Secretary of the NHRC, Tony Ojukwu, represented by the Director of Legal, Human Rights and Protection Activist Harry Obe, noted that access to justice is a fundamental human right enshrined in Nigeria’s constitution.
However, he lamented that many Nigerians “cannot exercise this right because of poverty, insufficient awareness, limited access to legal services, and various other reasons.”
He encouraged participants at the event to explore ways to address these challenges and find solutions.
Three-panel sessions were held to address issues obstructing access to justice in Nigeria through correctional services, medical negligence and the rights of vulnerable persons.
Session on access to indigent defendants and pretrial detainees
The panelists identified some of the challenges in the Nigerian criminal justice system to include delays in cases due to incapacitation or transfer of judges and overcrowding in correctional centres.
They also added to the list of the problems the reluctance of lawyers to offer pro-bono (free-of-charge) services.
Addressing the issue backlog of cases, a judge of the African Court on Human and People’s Rights, Stella Anukam, encouraged Nigeria to emulate Ghana’s judicial sector and take a decision which gives parties and the court the discretion to continue cases where judges are transferred or pass away.
Also, Ms Anukam called for a speedy investigation process by law enforcement, particularly the Nigerian police.
A former Attorney General and Commissioner for Justice in Delta State, Isaiah Bozimo, encouraged lawyers to take up more pro-bono cases as a way of enhancing access to justice in Nigeria.
Notwithstanding, Mr Bozimo, a Senior Advocate of Nigeria, acknowledged the plight of lawyers who had limited means to fund pro-bono cases.
The Firma Advisory launched an access to justice fund and mentorship programme to encourage young lawyers who had inadequate funds or skills to pursue pro-bono cases.
Ensuring justice for vulnerable persons
Other notable issues discussed are the protection of minors and Gender-Based Violence (GBV).
Another Senior Advocate of Nigeria, Olumuyiwa Atoyebi, called for the protection of minors on social media.
Mr Atoyebi criticised individuals who expose victims on social media platforms to draw traffic.
Discussing the challenges of victims of GBV, a former Director of Women and Children at NHRC, Grace Pam, noted that most victims were economically dependent on the perpetrators of GBV, which makes it difficult to pursue justice.
Rights for victims of medical negligence
One of the panelists, Stanley Egba, noted that many Nigerians are not aware of their medical rights despite the National Health Act enacted in 2014.
The National Health Act of 2014, was enacted as a guide to regulate the health sector in Nigeria.
He said more than 65 per cent of Nigerians live in rural areas, underscoring the need to create awareness in rural communities, especially in the languages of indigenes of the communities.
“Someone who does not understand that there is a right to medical negligence cannot seek a remedy of such rights,” he said.
A lecturer at Baze University, Jessica Imukeme, pointed out the lack of a proper database in health facilities.
Ms Imukeme noted that there is little to no cases found on medical negligence, making it difficult to set precedent on cases of medical negligence.
As part of the solution to the problems identified, the Executive Director of Nova Medic, Emeka Momah, encouraged medical practitioners to view healthcare as a tool for development.
“If we want a society that is healthy, that is wealthy, we need to look at healthcare as the needed tool for development,” he said.
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