Legal Practitioner Authors Book Incessant Delay of Court Cases

Paschal Emeka, Abuja / Posted 28 November 2023

Worried by rampant and unnecessary hindrances to justice in various courts across the nation, the Principal Partner at O.A.U.Enahoro & Associates, Abuja, Ogboi Anthony Enahoro Esq has published and presented a book to the public on ways to reduce to the barest minimum, delays and technicalities in prosecution of court cases in the country.

The book titled: FOR THE OPEN COURT: THE LETTERS OF THE LAW OF THE DOCUMENTS IN NIGERIA, was presented in Abuja the Federal Capital Territory (FCT), over the weekend.

Informing that his motivation behind the book in an interview with journalists, at the sideline of the book presentation, is to proffer solutions to delays arising from objections, counter objections, rulings and adjournment in Nigerian courts.

He explained in details that: “Things that can be simply be done and that is why it pains me that a case will last in court for several years.

“Some times, a court will adjourn for the purpose of weather, or not to admit a piece of evidence, just because that document happens to be a public document and the question would be if it has been certified, or this document ought not to be admissible, except certified.

“All these are technicalities about certification and all that, leaving the substance of the matter in dispute between the parties.

“So in the book, I decided to make simplification and said, look, why not; even though it is not already there in the rules of court and also in the Evidence Act, individual judges, who are masters of their courts can decide to make rules, after all, the practice of the court is the law of the court. Now, what I am saying here is this; a judge can say look, I don’t want a delay in my court. If all the documents you want to use are public documents, please go back and certify them and serve the other party.”

He continued: “No need for objection, among others. There are cases that have lasted about 15 years or even 25 years. What are they doing there? The delays in proceedings and unnecessary objections in court, cost us a lot. So why I decided to do this is to cut cost from both sides.

“Those in the bar and bench shouldn’t allow technicalities, but should be able to play down on technicalities and go for substantial charges.

“Unfortunately, the courts have been hammering on substantial charges and some time, you see the court themselves creating this technicalities, raising it when the parties never raise it. So judges should do a lot, not to allow technicalities.”

Speaking on the area of using legislation to address the issue, he said: “Legislation could be by reason of enactment or further amendment of the Evidence Act, or even the rules of the court, they are all legislations to reduce all these delays in the courts. All these technicalities should be put aside, let us follow why the people are in the courts.”

While hailing the author of the book, which was presented and reviewed by Barr Albert Uduak Uko and Dr James Agbonhese of Faculty of Law, Veritas University, Abuja respectively, Hon Justice Balami (rtd) advised Nigerian lawyers and judges of today to always engage in research. Stating that this could be done by writing books, studying very hard, he added that if you don’t do that, you will be citing cases wrongly in the court and at the end of the day, you loose your case.

In line with the aims and objectives of the author, the principal partner, S. I. Ameh and Co, Sunday Ameh SAN called for amendment of the Evidence Act and other relevant laws that would address delays in court cases. He however stated that the book would be helpful to lawyers, judges, law students teachers, even as he added that it would contribute enomously to legal jurisprudence in Nigeria.

While the book presenter, Barr Uko noted that the book would be helpful in law of evidence, electronic, among others, the chairman of the occasion, Gen IBM Haruna (Rtd) drew the attention of those in the bench and the bar to the encouragement and development of law, even as he beckoned legislators to be reading books of that nature, which if done, according to him, would assist them in the discharge of their duties.