By; MOHAMMED KAWU, Bauchi
Magistrates Association of Nigeria Chairman in Bauchi, Barrister Abdulmumini Adamu has commended Governor Bala Mohammed for his recent assent to the State Judicial Financial Autonomy Bill earlier passed by the Bauchi House of Assembly.
He observed that judicial independence is an intrinsic element of constitutional democracy and the rule of law, hence constitutionalism and separation of powers can only strive under the atmosphere of a constitutionally guaranteed judicial independence.
Barrister Abdulmumini Adamu at the Association’s New Year Event held in Bauchi with the theme, “Enhancing Justice Delivery and Administration in Bauchi State”, said that the gesture of assenting to the financial autonomy bill to guarantee the independence of the judiciary in the state is worthy of commendation.
“This law will, among other things, ensure that allocation meant to each arm of the State government on the Consolidated Statutory Revenue Fund are promptly paid into the designated account of each arm based on the appropriation of the State for each year. This is to accentuate and make sure that the judiciary is completely independent and autonomous”.
The association chairman, while quoting from the State Branch of Nigerian Bar Association (NBA) which described the signing of bill into law as a milestone for the judiciary, however noted with concern that since the law came into effect in August last year, the judiciary is yet to feel its impact
“More worrisome is the pathetic condition of service under which the magistrates operate, ranging from decayed and dilapidated structures to poor welfare package. The situation is better imagined than experienced. Magistrates are compelled to board commercial vehicles along with litigants and indeed other commuters, exposing us to risk while subjecting the magistracy to ridicule”.
Adamu said, “We are referred to as resident Magistrates but without official residence or quarters in our respective duty posts. In the area of training and retraining, magistrates in this jurisdiction are lagging behind if comparison is to be made with other jurisdictions due lack of sponsorship”
According to him, the dynamic nature of law demands for mandatory continuing legal education and others like workshops, seminars and conferences where topical legal issues discussed, saying the last time Magistrates were sponsored by the State government to attend the Nigerian Bar Association Conference and National Judicial Institute was 2018, except by zoom or online.
He stated that their take home pay will not accommodate self-sponsorship thereby subjecting them to a pandemic of professional stagnation, stressing that cumulatively these factors militate against the effective functioning of the judiciary and by extension hampers justice delivery and administration.
Barrister Abdulmumini Adamu added, “This is perilous. It renders the judicial susceptible to corruption and the monetization of access to justice making Justice for the highest bidder, God forbid”
The chairman appealed to his learned colleagues in private practice to desist from writing unwarranted petitions against the magistrates and judges as well as on matters that right of appeal or certiorari exist and can be utilized to checkmate the excesses of the trial court if any.
He also observed that the path taken by some lawyers in their dealing with magistrates is not only reprehensible but also inimical to justice delivery and administration, saying the situation is already delicate and posed grave threat to magistrates in the state, and called on the leadership of the NBA and senior lawyers in the state to intervene and salvage the situation as vanguard of the judiciary.
Adamu reminded magistrates that the court is the ancestral home for both the bench and bar, hence destroying it would mean losing their profession, expressing optimism that the resource persons have the professional prowess, vast legal experience and exposure of international repute to assimilate from them.
