In legal circles judicial officers are often enjoined to observe, and to imbibe the doctrine of fairness and equity, and above all the need to ensure speedy dispensation of justice; hence the aphorism that justice delayed is justice denied.
The axiom implies that if legal redress, which is available for a plaintiff, is not forthcoming within a specified period; it has the same effect as having no redress at all. Consequently, if justice is not dispensed promptly, it is tantamount to lack of justice.
This principle forms the basis for the agitation of many of the country’s legal experts and human rights community for the need to uphold the people’s right to a speedy trial and other judicial privileges that are meant to expedite the dispensation of justice.
The experts argue that great injustice is done to a plaintiff if he or she has to put up with the wrongdoing of a defendant for a long time, with no end seemingly in sight. Over the years, the issue of delayed justice in Nigeria has become a source of concern to proponents of legal reform, particularly those who feel that the court, or government, is too slow in resolving legal issues.
The experts attribute this to the fact that the extant legal system of the country is too complex, overburdened or affected by extraneous factors such as political and even economic interferences.
Nigerians have also accused the investigating agencies of not doing enough to get their facts before charging their defendants to court, only to start running from door to post for evidence after charging the defendants to court. In Nigeria, there abound court cases that have dragged on for years without reaching a conclusive conclusion.
One of such cases which has lasted for adjudication is the corruption case instituted against a former president of the Nigeria Football Federation, NFF, Alhaji Sani Lulu Abdullahi, and three other members of his administration, when he was in charge of the country’s administration from August 2006- July 2010.
Lulu is joined in the suit by former first vice president Amanze Uchegbulam, former executive committee member Taiwo Ogunjobi and former General-Secretary, Bolaji Ojo-Oba. Their case, sadly, has been dragging in court for more than six years without the former NFF officials convicted or discharged.
In a highly publicized report against the defendants, the country’s anti -corruption body, the Economic and Financial Crimes Commission, EFCC, had detained the four men more than six years ago after which it took them to court on various charges ranging from purchase of “over-inflated luxury” buses for the Super Eagles; to incurring a $125,000 fine in South Africa over a deal with Hampshire Hotel; and an alleged spending $400,000 for a friendly match between Colombia and Nigeria in London.
But in the course of their trial , the defendants’ legal team had argued for no case against their men arguing that Lulu and his team should he lauded for advancing the progress of the country’s football during their tenure; and that apart from meeting a huge debt profile, and also inheriting a demoralized national team and a football system that had no capacity to meet the high expectation of the nation, they were able to restore the confidence of the national teams and brought back the glory of the country’s soccer.
The legal team further argued that in the course of their administration the NFF chiefs were prudent, for apart from clearing more than N300million debt the administration inherited they left approximately N2.8b in the coffers of the NFF at the time they were removed from office.
The amount the Lulu Board left in office , according to their ’ lawyers included $8m; which was an amount due from Nigeria’s participation in the 2010 World Cup Finals in South Africa; $5.5 million which represented the marketing funds remitted to the NFF by FIFA; and $1.65million which represented NFF/LOC account in First Bank Plc.
The defendants’ lawyers further argued that since Lulu’s impeachment as the NFF leader was nullified by The Congress , the highest decision-making body of the NFF which sat in Uyo in 2011,and had directed all football-related cases including that of Lulu and co to be withdrawn from various courts, and of course the one in which Lulu took NFF to the Court of Arbitration for Sports in Lausanne, Switzerland , the highest court for sports matters in the world; there was no reason why NFF did not honour its own side of the bargain ,when the former NFF leader had respected his side of the bargain.
While the lawyers of both sides continue to advance their various arguments to bolster their cases, two other developments curiously contributed to the delay in the entire proceeding. The case which was initially heard by Justice James Okodua of the Federal High Court, Maitaima-Abuja, was transferred to Justice F.S.Chukwu, when Justice Okodua was transferred from Abuja.
Justice F.S. Chukwu, who had been presiding over the matter for about four years, as fate would have it, died suddenly in August this year, As a result of these unfortunate and unexpected developments, the case was a few months ago transferred to Justice Binta Murtala Nyako , also of the Federal High Court Abuja.
With this development, lawyers from the two sides as well as the government and the defendants will have to make fresh submission on the case. For a matter that has dragged for more than six years, it will be difficult to conclude when this lingering matter will come to an end.
It is on this account that we are calling on the judiciary to rise up to the challenge caused by the delay of this case for more than six years by ensuring speedy trial for the former NFF leaders.
We are also calling on the judiciary to rise up to the cases of other Nigerians whose rights to fair and speedy hearing are being compromised with delay in dispensation of justice , by ensuring that they also get prompt trial.
Without this the judiciary whose integrity has come under scrutiny of late will have problem in convincing Nigerians that it is indeed the last hope of the common man.
Source: Nigeria Pilot
