Imo State Judiciary - Justice Chukwudifu Oputa High Court, off Port Harcourt Road, New Owerri Imo State

By: Admim Wed 13 Mar,2024

IMO STATE JUDICIARY 2023/2024 LEGAL YEAR SPEECH

THEME: STABLIZING THE WHEELS OF JUSTICE DELIVERY IN CONTEMPORARY NIGERIA

INTRODUCTION:

I most heartily welcome everybody to this occasion marking the commencement of the 2023/2024 legal year of the Imo State Judiciary.

This ceremony is coming behind schedule as a result of a series of hiccups in the just concluded year.

We cannot thank the Almighty God enough for keeping us to see yet another legal year today and granting us journey mercies from our respective enclaves to this gathering.

We have just worshipped and thanked Him for all these at the Maria Assumpta Cathedral Owerri and submitted ourselves to Him for continued guidance and protection as we prepare to embark on another year of striving to do His biddings to His people. We faithfully believe that His grace will continue to sustain and cover us in this task.

THEME:

The theme of this legal year ceremonies: Stabilizing the Wheels of Justice Delivery in contemporary Nigeria, is uniquely apt.

The present state of the nation has left individuals and institutions in different states of malfunction. The judiciary, considered the last hope of the society (not only common man) is expected and must remain unfaltering in its role of preserving the supremacy of the rule of law if the society must continue to exit.

There is no denying the fact that the judiciary is presently passing through severe storm in our contemporary society as a result of the various challenges it has had to sail through, particularly in the last few years – challenges that appeared to shake its very foundations.

Stability is the state of being relatively unchanging, firmly fixed and established and not easily moved, altered or destroyed. It is the strength or ability to stand or endure; the property of a body that enables it when disturbed from a condition of equilibrium or steady motion or function, to develop forces or features that restore the original condition.

In this tempest that we are passing through our whole task is to ensure that the judiciary, considered to be the life boat of the society in a sinking ship remains stable and does not falter or dive like other institutions, for that will herald the extinction of the society and humanity.

All hands must be on deck to steer the judiciary away from this precipice.

ON THE SADDLE

Maintenance and Consolidation

Within the last legal year, the Judiciary has, within its lean resources and numerous challenges, maintained resounding stability in physical and administrative infrastructures that were put in place before and during the last legal year to ensure that, as our people wisely say “Onye ebughi ebu, oha ka o ha”.

We have managed the shortage of courts, particularly in our out stations, caused by loss due to the insecurity that ravaged our state in the past two or more years. These courts are yet to be rebuilt. We faithfully hope that the circumstances that brought about the burning and vandalization of those courts will not persist.

We have remained focused in giving adequate and prompt attention to the various aspects of the fragile structures in the Justice Oputa High Court Complex which presents diverse maintenance problems almost on a daily basis. And we are still infrastructurally handicapped as many Judges are still sharing court rooms. For the effective justice delivery which is one of the laudable visions of our people-oriented Governor, this is a very distressing situation. I have no doubt that His Excellency will in no time build a monumental edifice in this place that will be named as memorial of his cherished love for the Judiciary. Fortunately, this complex has abundant space for any such type and magnitude of structure.

The old court complex at Orlu Road, now Justice Nsofor Court Complex, has also undergone remarkable reconstruction and renovation both by my predecessor and myself. The Magistrates Courts and their offices are now accommodated and the problem of sharing courts by Magistrates has been tackled. Presently all Magistrates sitting in Owerri have their individual courts.Renovation work on the Bailiffs section affected by accidental fire last year is ongoing, as with that of the Chief Magistrates Court Aboh Mbaise that suffered dilapidation/vandalization.

ICT Revolution:

The current security situation in the country and our state has created the need for us to develop virtual and other aspects of Information and Communication Technology (ICT) for the purpose of maintaining and stabilizing service delivery in the Justice delivery sector.

Here is a list, not exhaustive anyway, of services developed by our ICT department not only to combat the contemporary social and environmental challenges but to offer improved services to our people.

- e.documents, presently fully operational with many documents already uploaded;

- e.affidavit, fully operational, with many affidavits uploaded;

- e.court, fully operational, with over 12 virtual sittings. This virtual innovation has been leveraged on by myself and many judges during the COVID 19 era and other situations of restricted movement.

- Digital archiving, operational with nearly 3 million pages of 3,816 court Record books scanned and archived;

- The Small Claims Court, operational with more than 3 judgements already uploaded;

- Hand books and Practice Direction on various areas of Administration of Justice uploaded:-

- Practice direction to enhance public prosecutions in the State in a bid to meet with the laudable provisions of the Administration of Criminal Justice Law No.1 of 2020 of Imo State – May 2022;

- Practice Direction on Judgment Orders which addressed problems being encountered by parties in executing judgments delivered by retired/deceased judges - June 2022;

- Practice Direction on enhancement and effective administration of justice delivery in the Magisterial Districts of Owerri and Mbaitoli to meet the demand of effective and quick dispensation of justice within the Magisterial districts of Owerri West and Mbaitoli Local Government Areas - October 2022;

- Practice Direction on enhancement, effective and timely dispensation of criminal matters on day to day basis particularly those involving inmates on remand - March 2023;

- Practice Direction on the Administration of Criminal Justice to ensure efficiency and speedy management of criminal trials and dispensation of justice to protect the interests and fundamental human rights of the defendants, victims, witnesses and the society and provide directives which shall be complied with to enhance proceedings and prevent unnecessary delays – December 2023.

The Small Claims Court was inaugurated on 18/12/2023 with its practice Directives uploaded. Lawyers and litigants are enjoined to take advantage of this fast-track court structure for speedy realization of their justice aspirations.

Within the last legal year,the monetary jurisdiction of the Magistrates (in civil cases) was also enhanced to decongest the High Court as well as to meet the time needs of litigants. The Chief Magistrates Grade I now entertains civil claims to the value of N15million, Chief Mag. II, N10million; Snr. Mags. II and I, N6million and N7million respectively. Presently we do not have Mags II and I who entertain up to N2million and N3million respectively. With this, a lot has been relieved our high courts of matters of this category.

The Administration of Criminal Justice Law (ACJL) requires that legally qualified personnel prosecute certain category of cases in the Magistrates courts. Unfortunately, the police that provides those prosecutors is already battling with shortage of manpower and the states are handicapped because it is the Federal Government that recruits into the force. We hope to get around this problem if the state will employ more lawyers in the State Ministry of Justice as State Counsel to fill the gap. When this is achieved the Magistrates, with the enabling environment offered by me and my predecessors so far, there will be no further obstacles on the path of efficiency and improved productivity.

New judicial divisions of the high court

Within the last legal year, a number of courts were built and commissioned in Imo State.

- A New Judicial Division of the High Court of Imo State was built and commissioned in Uratta in the Owerri North L.G.A.

- The Executive Governor of Imo State His Excellency Distinguished Senator Hope Odidika Uzodimma had built and commissioned a befitting ultra-modern court complex comprising the High Court, Magistrate courts and Customary Court in Omuma Oru East Local Government Area.

Before then, court complexes, had been built and commissioned in Umuokanne Judicial Division in Ohaji L.G.A; Ngor Okpala Judicial Division, and the Ideato Judicial Division.

Senior Advocates of Nigeria

Within the last legal year Imo State added one vibrant practitioner to its squad of Silks in the person of Barrister Ngozi Olehi who was inducted into the Body of Senior Advocates of Nigeria (BOSAN) inNovember 2023.

May I on behalf of the legal profession in Imo State extend our congratulations to him as we pray for him for God’s guidance.

We also had one of our own Hon. Justice Nwosu-Iheme elevated to the Supreme Court of Nigeria as a Supreme Court Justice. May I on behalf of the Judiciary and the good people of Imo State convey our congratulations to him.

APPOINTMENT OF JUDGES

The list is with the National Judicial Commission (NJC), awaiting directives.

CHANLLENGES
Insecurity: Before now it has almost been a ritual to list financial and related matters as challenges facing an organization such as the Judiciary that depends whollyon the state for its financial well-being. But in recent times, a new, deadly form of challenge has arisen: insecurity. It has become the foremost problem facing the judiciary as with other facets of our life, particularly in the past few years. May it be that it has got to its peak, to begin to wane, judging from the strange dimension it had assumed in the last year.

This has resulted in the loss of personnel, infrastructure and man-hours. Within the last two years alone the Judiciary had lost more than a dozen courts. In 2022 the following courts were burnt down by unknown arsonists: High court Etiti; High Court Atta Nwanbiri; Magistrates Court Okpala; Customary Court Umuneke and Customary Court Ihioma. And in 2023, High Court Orlu and High Court Oguta followed, as well as the Magistrates Court Ubulu.

These courts are yet to be rebuilt while most of the High Courts in the outstations have had to relocate to the already congested headquarters.

Most chilling is the murder of members of the legal profession. The most recent was the murder, right in the court while sitting, of the Chairman of the Customary Court Obudi Agwa Barrister Nnaemeka Ugboma, just as we were passing through the shock of the murder of a former NBA Chairman N. H. Nwankwo Esq and the Publicity Secretary of the NBA Orlu Branch Barr. C.D. Omekagu in the previous year 2022. And just a few weeks ago, on or about 12 February 2024, one of our legal practitioners Barr. Victor Onwubiko, was ambushed and killed by gunmen along Okigwe Road, on his way to his home in Uturu in Abia State. Enough cannot be said on this issue of insecurity but it has become sufficiently clear that security is local and ultimately personal. It is true that safety is of the Lord, but much diligence and vigilance is required of each and every one of us in order to combat this menace.

SUBSIDY REMOVAL FALL OUTS

It was almost perfunctory to complain of the epileptic power supply by the public power company popularly known as NEPA, and the attendant huge cost of ensuring a stable power supply for an ever busy establishment like the Judiciary. It was while we were contending with this age-old challenge that the subsidy on fuel was abruptly removed in May 2023. Prices of everything skyrocketed and continues to soar to the heavens. As it is now, it is difficult to describe the present inflationary trend with the words that we used to know. For a financially dependent establishment like the judiciary, a non-profit service provider, our predicament can best be imagined.

REVENUE

The judiciary is a non- profit establishment, and to be otherwise will spell anarchy for the society. Yet in our own little measure, the Judiciary comprising the High Court, the Magistrate Court, the Customary Court of Appeal and the Customary Court has within the period October 2022 and September 2023 generated a total sum of 139,701,182.03 (One hundred and thirty-nine million, seven hundred and one thousand, one hundred and eighty-two naira, three kobo).

Out of this, The Customary Courts and the Customary Court of Appeal generated 18,323,334.00(Eighteen Million, three hundred and twenty-three thousand, three hundred and thirty-four naira), while the Magistrates Courts and the High Courts generated 121,377,848.03 (One hundred and twenty-one million, three hundred and seventy-seven thousand, eight hundred and forty-eight-naira, three kobo).

CASE FLOW STATISTICS.

Below is the case flow data for the Legal Year October, 2022 – September, 2023.

STATISTICS OF CASES IN THE HIGH

COURT OF IMO STATE

BETWEEN OCTOBER 2022 AND SEPTEMBER 2023

S/No	TYPES OF CASES	NO OF CASES PENDING AT THE END AND OCTOBER 2022 – SEPT 2023	NO OF CASES REGISTERED BETWEEN 1^ST OCTOBER 2022 AND SEPTEMBER 2023	TOTAL 1 & 2	NO OF CASE DISPOSED BETWEEN 1^ST OCTOBER 2022 AND SEPTEMBER 2020	NO OF CASES PENDING AT THE END OF SEPTEMBER 2023
1.	CIVIL	108,928	6,500	115,428	301	115,127
2.	CRIMINAL	79,766	4,800	84,566	65	84,501
3.	MISCELLEANOUS	70,543	6,800	77,343	700	76,643
4.	GRAND TOTAL	259,237	18,100	277,337	1,966	276,271