TAKING THE LEAD IN THE ADMINISTRATION OF JUSTICE – A PUBLIC SERVICE PERSPECTIVE

I am returning to address Law Officers in the Ministry of Justice for the second time in less than six months. Exactly 26th August, this year, I was in Ilaro to speak to the Management Staff, that is, Assistant Directors and above, of this Ministry, on Deepening Management Strategies to achieve the noble objectives of the present administration in the State as it affects professionals at the Ministry of Justice.  At that meeting, the focus was on appropriate management strategies for the top echelon of this Ministry, that is Assistant Directors, Deputy Directors, Directors and others to achieve organisational objectives.

However, this meeting, designed for all Law Officers in the State is aimed at preparing Law Officers for “Taking the Lead in the Administration of Justice” in the State. This presupposes, correctly, that there are many players in the Administration of Justice. We have the Police (Law Enforcement), Judges (Interpretation and adjudication of the Law), Prisons (Correctional) and other associated or related agencies. It is important that we get this right because law and order form the bedrock of any modern and egalitarian society, particularly liberal democracies as we seek to practice, improve upon and perfect it in this country. Almost all other developmental strides depend on this. That is why this is important for me, and I hope it is important for you too.

Coming to the law profession, I also came across the Biography of Gerald Leonard Spence, popularly referred to as Gerry Spence, born January 8, 1929, a semi-retired member of the American Trial Lawyers Hall of Fame. Spence never lost a criminal case either as a prosecutor or a defence attorney, and has not lost a civil case since 1969.

This is a good example of a spectacular individual who created a culture of excellence and an enduring legacy.

I have highlighted this example so as to show you that there are individuals around the world who have made impact in their chosen fields from whom you can draw inspiration. Let us come back home and find credible individuals to inspire us. You must have heard, that great Law Officers have served in this Chamber. Some have passed to the great beyond, some retired and some still serving on the Bench. I also have the record of brilliant legal officers who have earned the highest honour in law profession in Nigeria, Senior Advocate of Nigeria (SAN) title while serving or just after serving in the State. We can also remember the exploits of Great Law Officers who had served in the Agency.

What this portends is that, every one of you, is a talent, awaiting revelation and that is why the decision of the Law Officers Association of Nigeria to celebrate the 2021 Week with a Public Lecture on the theme “Taking the Lead in the Administration of Justice”is a welcome development. I commend the leadership of the Ministry and rejoice with the association for the successful planning of the week.

There have always been challenges in the Administration of Justice in Nigeria. Sir Adetokunbo Ademola in 1955 wrote: “Since the year 1955, the personnel problems in the administration of justice in Nigeria have become more and more complex. From one particular angle, to which I shall have cause to refer to later, the problems will in about ten years’ time become more and more acute”. He attempted to highlight major obstacles to the administration of justice in the country then. Although there has been some considerable improvement since then, a lot still needs to be done.

Other contributors have identified slow pace of the administration of justice as undesirable. This has made many people lose confidence in the process that is bogged down by delays and inefficiency. In May 2018, the then Lagos State Chief Judge, Honourable Justice Opeyemi Oke stated that there were over 3,000 backlogs of cases in different courts across the State which was described as an alarming figure.

Remarkable steps have been taken by succeeding administrations in tackling the challenges. I appreciate the efforts of the State Government at employing more personnel. The cadre has been one of the very few whose staff strength has increased overtime. The Alternative Dispute Resolution, Citizens’ Rights Department, new State High Court Complex and digitization are some of the laudable steps taken so far.

One of the professional cadres that have remained relevant in public and private practice is the legal profession. It is not easy to undervalue the importance of this agency. As you represent the Government in the law courts; write draft bills and vet others that did not originate from the Executive as well as render sundry legal advice to government, you render invaluable service to government and society. It is impossible to speak of law and order in the state or country without the Ministry of Justice, or the law officers of this agency. Your views, whether in the Administration of Criminal Justice (and there is a lot that can be said about this), or in Chieftaincy or other civil matters are potential land mines that could often influence the course of peace, order and tranquility in our society.

With my experience and exposure while working in the Ministry of Justice in the State, I know that the agency is peopled by thorough bred professionals who render service to the good people of Ogun State without fear or favour. You are involved in every major government decision, policies and projects. This places enormous influence on each individual in the agency and even the agency as a corporate entity, and sometimes, it is very easy to abuse such influence. I will come back to this later on.

The vision of the present administration in Ogun State led by Prince Dapo Abiodun, MFR, is encapsulated in the acronym ISEYA. This translates to Infrastructure Development, Education, Social Welfare and Wellbeing, Youth Development and Agriculture and Food Security. The vision, woven around the concept of “Building our Future Together”, is anchored on Public – Private – Partnership (PPP). The goal is to deliver for the good people of Ogun State, an egalitarian society, anchored on a partnership between the Public and the Private Sectors of the economy, but driven by the people themselves. The whole idea is to provide focused and qualitative governance and to create the enabling environment for economic activities to thrive, based on the principles earlier discussed which are critical to the creation of enduring economic development and shared prosperity for the good people of Ogun. Now, this is where the theme of this Law Week “Taking the Lead…” becomes pungent and germane, particularly for you who are part of the critical stakeholders in this assignment of Building Our Future together. I will still come back to discuss how an ergonomic Public Sector sees this and what it expects you to do.

I recognise that your purview is the Administration of Justice and your concern is taking the lead in this sector of the Public Service. However, I do believe that you need to understand your role in the larger global picture of building an egalitarian state. For instance, “Taking the Lead…” what does it mean? Becoming a leader, being in the forefront, being the first to start an assignment; being an initiator; placing your agenda on the front burner; we can go on and on.

Individuals earlier discussed at the commencement of this paper are people who one way or the other “took the lead” in different spheres of human endeavour. They were simply excellent and impacted their community. Now, let me talk briefly about human nature and kindly allow me to apply Abraham Maslow’s Hierarchical Needs Theory model to explain human behaviour and desire. According to Maslow, a man’s accomplishment will be fulfilled first with psychological needs; then safety and security; love and belonging; self-esteem; and lastly self-actualisation. I call that self actualisation fulfillment. In other words, every man or woman has an innate desire for fulfillment. Every one of you seated here has a desire for fulfillment one way or the other; that probably explains the theme for this Law Week: “Taking the Lead…”; a noble desire. You will take the lead, not only in the Administration of Justice, but also in global affairs; however, it is not just going to be by desire. You have to pay the price and satisfy conditions that would help you attain unto that.

Every law officer in this agency has a lot of potentials. You have what it takes, ideally, to get to the peak of your career in the Public Service; but beyond that, to become whatever your heart desires, in related careers within or outside the Public Service. This is where fulfillment, or self actualisation as Abraham Maslow calls it, becomes important. Your self-actualisation goals occur when you are able to take full advantage of your talents while being mindful of your limitations. You will only be fulfilled, albeit successful, if you fully understand the corporate goals and objectives of your organisation or agency; assimilate and accept them as the ground norm of your own individual or personal goals. Your own goals cannot be and must not be in conflict or contradistinction with the goals of your organisation.

The theme of this Year’s Law week states clearly that it is “Taking the Lead in the Administration of Justice”. It suffices to state that the primary goal of this agency is the Administration of Justice. In a lay man’s language, Administration of Justice refers to the process by which the Legal System of a country is executed. The presumed goal of such an administration is to provide justice for all those accessing the Legal System. According to Okene (1996), Administration of justice is one of the vital functions of every government for the aim of state and government is the welfare and happiness of the citizens – a good which is never achieved in any community without ensuring that justice is properly and efficiently administered. Administration of justice involves both the rule of law and machinery of justice set up by government namely the police, the Ministry of Justice, the law courts and sometimes, other law enforcement agencies.

Many stakeholders are involved in the Administration of Justice. The Judges are seen as one. They are independent stakeholders but it beckons on every stakeholder in the Justice Sector to work in synergy. Omoleye and Eniola (2018), in a paper, Administration of Justice in Nigeria: Analysing the dominant legal ideology, examined the legal ideology of the Nigerian judges and their attitudes towards statutory interpretation. This was done in the light of the traditional and modern methods, and techniques of judicial reasoning and decision making. It condemned the strict constructionist legal approach which appears to be the pervading orientation of the judges and called for a truly broad and liberal approach that will advance social justice and promote national development.

Some reports have highlighted delay as a problem in the Administration of Justice in Nigeria; and several stakeholders are fingered as being responsible for this; the police, the Ministry, the Judiciary and sometimes, private counsels as well.

Your role as a government department in the Administration of Justice covers several essential aspects which include but not limited to public prosecution, civil litigations, legal drafting, commercial law, citizens’ rights and mediation. An integral code in the Administration of Justice is the protection of individuals’ rights, enforcement of laws and punishment of criminals. By the nature of your calling, you represent the interest of the State in all matters pertaining to the judicial process; needless to emphasize that the State exists only for the sake of the people. Consequently, whatever you do as Law Officers in the Ministry of Justice is in the service of the people and your involvement as a stakeholder in the larger gamut of Administration of Justice places the theme of this Law Week in proper context. It is a desire to “Take a lead…” among several stakeholders and interests in the Sector. An excellent desire, I would add! How then do you take the lead, becoming an efficient and effective member of the group?

Discipline is perhaps, the most important virtue you will need to take the lead. It’s practically impossible for anyone to attain any height in life without discipline. There are different levels of discipline: self-discipline, corporate discipline and what I term official concept of discipline. Where an individual lacks self-discipline, such an individual is a threat to his or her organisation. Self-discipline is the bedrock of all other types of discipline. By self-discipline, I am referring to self-control; conscious control over one’s behaviour and lifestyle; training your mind to achieve cosmos over your complete self. Self-discipline is much more than self-restraint; it is a reflection of your character; who you are.

Corporate discipline refers to discipline within the organisation or agency. How does the Ministry of Justice comport itself? What do people see and experience when they come to this agency? Or when they transact business with the agency? Or when they relate with officers of this Agency? Corporate discipline is the aggregate of the level of discipline of all officers working in the agency, from the cleaner to the most senior officer. It is the character of the agency. You can create and manage a reputation, but your character is who you are. If you really want to take the lead and drive the narrative in the Administration of Justice in Ogun State, you must run a disciplined agency or organisation. There must be a collective sense of discipline in the organisation; and the same thing applies to individuals in the agency who desires to take a lead or make a success of their current assignments or other human endeavour.

Let me wrap up this discussion on discipline with what I call the official concept of discipline. I’m looking at the attitude of senior and management officers to how they enforce discipline. Honestly, at this level, talking to senior officers and management staff, I should really not be talking about consequences of absenteeism, lateness, insubordination, rudeness, misconduct, official misdemeanor and so on and so forth. I believe it’s something one should be able to take for granted that senior officers and management staff would observe the rules properly at this level. In fact, you, on the other hand, should be calling junior officers to order, telling them the implications of all these infractions; and I sincerely hope I am right because if this is not true, then you have to begin to work on yourselves. You, certainly cannot give what you don’t have.

You may need to study the provisions of different regulations and guidelines as stated in the Public Service Rules and the other rules of engagement. I have not included details of these guidelines because they are available as publications at the Civil Service Commission. The Bureau of Establishments and Training is also having a library that you may consult at your leisure for a compendium of circulars issued in the past.

Apart from discipline, you will need a large dose of Emotional Intelligence to take the lead and make a success out of it. Emotional Intelligence has been described as the ability to understand, perceive, use, manage and handle emotions. It is not just the ability to understand and manage your own emotions, but also the ability to understand, interpret and respond to the emotions of others. This means being aware that emotions can drive our behaviour and impact people positively and negatively; and learning how to manage those emotions – both our own and others. Many psychologists have suggested that Emotional Intelligence is more important than Intelligence Quotient (IQ).

In addition to discipline and Emotional Intelligence, you need to develop effective skills in communication. In any team work, effective communication cannot easily be overemphasized; ability to lay your views and ideas bare, without being misunderstood is crucial. Communication simply defined is the exchange of information between two individuals or parties. Technically defined, it refers to the exchange of codes between an encoder and a decoder. There are different levels of communication: Vertical, Horizontal and Lateral. For communication to be effective at any level, it must be clear, precise and concise.

Let me add application of technology to the tools that will enhance your capacity to take the lead effectively. Today, it is generally accepted that Information Technology has improved efficiency; increased accessibility and has the more general effect of building confidence in the justice system or any other system for that matter. Different forms of technological tools are available out there to enhance your work. Just do a diligent search and find out which ones would be best suited for you. All you need do is to adopt and make use of every one that is relevant to your career. According to a 2007 Princeton Study, the average duration of a civil case in the US (from the filing to the disposition by the judge, be it a default, a settlement, or a decision) has remained more or less constant from 1940 till the early 2000s at about 12 months. Their suggestions to improve these figures were improvements in court management systems, relying on technological advancements.

Application of technology has a multipurpose dimension. Apart from assisting you to improve your systems and processes, it could also help you to search for information; information is very important. One thing I emphasize anytime I have opportunity to talk to professionals and other groups like this is that you must always study. You need to read and develop yourself. Do not limit your reading list to your core areas alone; expand your scope. Search for information; seek knowledge.

Finally, you must be able to identify talents in your midst and use them effectively. The truth is that we are endowed in different ways; but rather than allow individual gifts to create unnecessary rivalry, we must learn to channel these gifts to positive and profitable use. We must create an atmosphere where gifts and talents of individual Law Officers are made to be complimentary to one another. Divisive tendencies based on bickering, envying and unnecessary rivalry will hamper or impair your capacity to take a lead effectively. Let me add that Law Officers must have undiluted courage to be able to take the lead effectively; in the same vein, the agency must stand up for its officers and have the courage of its convictions. Courage is indispensable to effective leadership. Courage is not the absence of fear, but the ability to go on in spite of the fear. Overcoming your fear is what courage is all about. You will always need an abundance of it.

Conclusion

I have spoken at length about “Taking the Lead…”. Although the focus of the theme of your Law Week is “Taking the Lead in the Administration of Justice”, most of the principles and ideas required to take the lead in that sector are practically the same with what you will need to take the lead in other spheres of human endeavour. What I have attempted to do is to encourage to create a culture of resilience, merit, efficiency and effectiveness in order to take a lead. Once the culture is created, it becomes who you are and what happens in your agency and to you on a daily basis. It will not happen overnight, but once you are persistent, it becomes an attainable goal. In addition, I want to encourage you not to limit yourself to being law officers in the Ministry of Justice. The world is there for you to explore and conquer. This quest will not be for lazy individuals or professionals who believe they have arrived because they won one or two civil or criminal cases yesterday. It will be for those who know that the victories of yesterday are important, but overcoming the challenges of today and tomorrow is what holds the promise for taking the lead and being in the forefront. I know you are capable of doing that; I know that is who you are and I am confident that you will take the lead.

Thank you all for listening; God bless you.