Nigeria needs state S-Courts to end justice delays — Ifemeje

By Henry Ojelu

Victor Ifemeje represents the new wave of young lawyers redefining the Nigerian legal space. A first-class graduate of Nnamdi Azikiwe University at just 21, he has distinguished himself in corporate law practice, data protection, and human rights advocacy.

He is presently the youngest member of NBA’s National Data Protection Committee. In this interview, he speaks on judicial reform and constitutional amendments.

What are your thoughts on the judicial system as regards the controversial judgments some courts deliver often vis-à-vis poor people and politicians?

While I understand the sentiments of the masses regarding controversial judgments which are perceived as travesties of justice, especially on matters to which there is obviously a political dimension, the masses must be reminded that the courts are never guided by public sentiments in discharging their functions. Rather, the courts are guided by the evidence before them and well-founded arguments advanced by parties to the matter. I do agree that there are bad eggs in the judiciary, but they certainly do not outnumber the upright and honourable judges who consistently dispense justice devoid of fear or favour. It is high time we changed this narrative.

As a young lawyer, is there any decision of a court you vehemently disagree with?

I firmly believe that the Supreme Court erred in the notorious case of Sunday Jackson V State, thereby undermining the inalienable right of the average Nigerian to self defence. It is shocking that the apex court would uphold a death sentence imposed on a man for neutralising a dagger-bearing Fulani herdsman who attacked him on his farm with the incontrovertible motive to cause grave bodily harm. The ratio for the decision, being that the appellant ought not to have stabbed the Fulani’s herdsman after disarming him, is even more shocking.

If one is unprovokedly attacked on one’s property by a dagger-bearing assailant, and one manages to disarm them, one would definitely not respond with a kiss on the cheek. A reasonable man would want to permanently neutralise the assailant lest they retrieve the dagger and execute their nefarious plan. The ingredients for self defence have been reiterated in a myriad of cases: that the defendant was free from fault in bringing about the encounter; that there was a threat to the defendant’s life; that the defendant had no means of escaping; and that there was the necessity of taking the deceased’s life to save the defendant’s life.

From my read of the full judgment of the Supreme Court, the Appellant satisfied these ingredients: the attack was due to no fault of his; the attack posed a threat to his life; the defendant ran and shouted for help but was stabbed twice by the deceased assailant on the back of his neck and his left leg, and thus there existed the necessity to take the assailant’s life in order to save his.

As the apex court and final arbiter of justice, the Supreme Court is expected to be the chief protector of the sacrosanct rights of Nigerians. Therefore, even if the lower courts had erred in their decisions, the Supreme Court ought to have avoided setting a dangerous precedent, especially in the wake of the alarmingly high rate of killings by Fulani herdsmen. By its decision, the Supreme Court has emboldened ill-meaning Fulani herdsmen and bound the hands of Nigerians living in affected communities. This decision of the Supreme Court is but a tragic travesty of justice.

Do you support the clamour for electoral reform and constitutional amendment?

I vehemently support the clamour for electoral reform, particularly making the office of the INEC chairman elective. I have always argued that Nigeria does not have the requisite strong institutions for effectively and justly operating an electoral system where the president appoints the chair of the national electoral commission. The cliche quip, “he who pays the piper dictates the tune” has never been more apt and instructive, especially considering the tremendous rate of corruption in the country. The most crucial step towards eradicating all kinds of corruption is a truly independent electoral commission whose chair is elected by the electorate and not appointed by the president.

Regarding the judicial system, there is an urgent need for a constitutional amendment. Our appellate courts, especially the Supreme Court, are swamped with too many matters. Such congestion hinders timely delivery of justice, undermining its efficacy and diminishing public confidence in our justice delivery system. To effectually resolve this problem, the constitution must be amended to provide for state appellate courts (state supreme courts and state intermediate courts of appeal) in addition to the Supreme Court of Nigeria and the Court of Appeal, as is obtainable in the United States of America whose system of government we appropriated.

Appeals will lie from decisions of trial courts in criminal and civil matters in a state to the state court of appeal, and further appeal will lie from decisions of the state court of appeal to the state upreme court as the apex court in the state for both criminal and civil matters. The Supreme Court of Nigeria and the Court of Appeal will retain their respective original jurisdictions as currently provided in the constitution. However, their appellate jurisdiction will be restricted to only appeals from decisions of the Federal High Court and decisions of state supreme courts in matters involving a federal law or interpretation of the constitution.

This will make for a speedy justice delivery system, effectually decongesting our courts. It is noteworthy that some American states like Texas have as many as two state apex courts—the Supreme Court of Texas (the court of last resort for civil matters) and the Texas Court of Criminal Appeals (the court of last resort for criminal matters)—and multiple courts of appeal.

There are other changes I hope to see a constitutional amendment usher in. Any proposed constitutional amendment must introduce, among others: true federalism with truly autonomous federating units, as opposed to the faux federalism we currently operate; a decentralized policing model with the governors as the chief security officer of their respective states; downward review of salaries and emoluments of elected officers, with a view to reducing the cost of governance; the creation of more states in underrepresented regions of the country etc.

What does your appointment to the National Nigerian Bar Association, NBA, National Data Protection Committee, mean to you, particularly as the youngest serving member?

I believe it is a demonstration of the NBA President’s confidence in my capacity for progressive contributions towards advancing the mandate of the committee, which summarily is the protection of the data privacy of over 140,000 members of the NBA. Importantly, as the youngest serving member of the Committee, I deem my appointment a critical reminder that indeed youth ought not to be an excuse for excluding young people, especially young professionals, from leadership. Rather, our creativity, innovation and fresh perspectives should be leveraged. As future leaders of the Nigerian bar, it is imperative that we are actively involved in making decisions of today.

How did you manage to clinch a first-class degree at the young age of 21?

I owe the laudable feat to God, consistent hard work and my passion for law. Upon gaining admission to study law at the prestigious Nnamdi Azikiwe University, I resolved to take my studies seriously and bag a first-class degree. I was glued to my books back in university. I also leveraged pro-activeness by always studying ahead of the next session during the preceding holidays.

My profound passion for law also eased the toil for good grades. There were times in school that I longed for examinations, simply because I looked forward to experiencing, the thrill of attentively studying for long hours. This is the benefit of developing a passion for any activity or endeavour—it makes one relish tedious work, as opposed to being overwhelmed.

Finally, the most important factor was God, without whom I would not have attained a first-class degree in law. I come from a devoutly catholic family, so I grew up very conscious of the divine and the fact that God indeed rules in the affairs of men. Miracles I personally witnessed in my family further bolstered my faith in God as regards every aspect of my life, including my academic pursuit.

Why did you choose to study law?

I was driven by an innate desire to serve humanity, and I believed the legal profession would afford me the optimum opportunity to positively impact society on a large scale. My parents also played a key role. At a time when I was indifferent about the legal profession, they made me realise that my core traits were suited to the noble profession and encouraged me to opt for it. I was also inspired by the legendary Chief Gani Fawehinmi, a brilliant human and civil rights lawyer who devoted his legal career to steadfastly championing the causes of the downtrodden and speaking truth to power. I also excelled at national high school debate competitions, so it was a no-brainer for me; it was law or nothing.

What are your aspirations for the future?

Just like Chief Fawehinmi, I also aim to give back to society, which is why I plan to found an NGO whose main object would be the facilitation of the liberation of wrongfully imprisoned persons in all 36 states and the FCT, at no cost. I have already set up a small team of brilliant lawyers who are honoured to take on the cases of our target beneficiaries pro bono. I trust the good Lord to breathe upon this noble aspiration and cause same to be successful.

Could you share your experience as an associate at OALP, and your area of specialization?

I have had a most pleasant and rewarding experience working with the lawyers at my firm, most of whom are some of the best lawyers in the world. As an associate with the mergers, acquisitions and private equity practice group of the firm, I routinely advise on international and local M&A and PE transactions across diverse industries, tailoring every advisory to the peculiarities of the relevant industry. This is no cheap work.

It requires a tremendous measure of tenacity, grit and genius. Even though the firm encourages striking a balance between work and leisure, our line of work doesn’t quite afford us such luxury. I do, however, believe this is the price one must pay for excellence and good success. I am also well versed in general corporate advisory, data protection compliance, tech/fintech law advisory, property law e.t.c.

The post Nigeria needs state S-Courts to end justice delays — Ifemeje appeared first on Vanguard News.