1. 1 SLIDE PRESENTATION BUILDING ETHICAL INSTITUTIONS THE EXPERIENCE OF THE LAGOS STATE JUDICIARY Prof. Yemi Osinbajo, SAN

2. 2 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.

3. 3 THE JUDICIARY The High Court of Lagos State: By far the largest judiciary; currently 52 high courts 109 Magistrates Customary courts in local governments

4. 4 High Court of Lagos State: Case load YearCourtFresh cases filed Pending cases 1999Lagos10,22640,000 2000Lagos9,96923,197

5. 5 Perceptions on corruption A Survey of Perceptions of lawyers on corruption in the administration of Justice (conducted in 2000 by the Lagos State Ministry of Justice)  Sample 100 Lawyers  Highlights  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.

6. 6  Highlights continued  90% 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.

7. 7 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 require them to live in penury” - Robert Clive

8. 8 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

9. 9 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)

10. 10 Delays in Trial Process May 1999 Pending cases at the High Court – 30,000 Long delays in trial process Type of caseTrial Time Land Matters7 – 8 years Personal Matters3 – 4 years Commercial Cases3 – 5 years Family Cases2 – 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.

11. 11 Outmoded Procedure Form emphasized over substance. No judicial control over proceedings Led to extensive dilatory tactics Poor costs regime No limit interlocutory appeals

12. 12 Remuneration In 1991 Judges of the High Court:  Salary – just over $300 (US Dollars) per month  Car  Official Magistrates  Salary - $50 (US Dollars) a month  No car  No official quarters.

13. 13 THE REFORM INITIATIVES 1.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

14. 14 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

15. 15 Creation of Specialist Divisions continued Commercial Division Family Division Land Division General Civil Division etc. Electronic Recording Machines Computerisation

16. 16 2. Alternative Dispute Resolution - Multi Door Court House Mediation Centres Antidote to winner-takes-all & Delays

17. 17 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

18. 18 Creation of Specialist Divisions continued Commercial Division Family Division Land Division General Civil Division etc. Electronic Recording Machines Computerisation

19. 19 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

20. 20 5. Sanctions Once reported any complaint of corruption will be processed up to the National Judicial Council automatically. 21 Magistrates terminated. 3 Judges retired.

21. 21 New Culture – New Values Different criteria for appointment of Judges & Magistrates Merit Examinations Performance Evaluation

22. 22 Some Results… 1.Pending cases 199930,000 200213,802 20035,227 2. No reports of corruption since 2002. 3. Greater corporate focus in Judicial integrity (by peer influence).

23. 23 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 %

24. 24 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.