[TML EXCLUSIVE] “There Is No Justifiable Legal Reason Why Area Courts Should Continue To Entertain Criminal Cases” – Chidi Udekwe, Esq.

Chidi Udekwe Esq is an Abuja based Lawyer and the Principal Counsel of C. N. Udekwe Law Firm. An astute Bar man, Chidi has been Chairman of the Young Lawyers Forum of the Unity Bar and a former Provost of the Nigerian Bar Association Abuja (Unity Bar). He is presently the Alternate Chairman, Covid-19 Committee of the NBA, Abuja Branch (Unity Bar). Udekwe spoke to The Metro Lawyer (TML) recently on a number of issues affecting the Nigerian Bar and Bench.

Area Courts within the FCT (particularly the outskirts) have been accused of assuming criminal jurisdiction on many occasions. What is your take on this anomaly?

Section 13 of the Area Courts (Repeal and Enactment) Act 2010 only confers civil jurisdiction on Area Courts, they have no criminal jurisdiction. The enabling law and judicial authorities are clear and there is no justifiable legal reason why Area Courts should continue to entertain criminal cases, the illegality is profound. Lawyers should only appear in these courts for preliminary objections to jurisdiction. Section 11 of the Area Courts (Repeal and Enactment) Act 2010 specifically provides for persons who are subject to the jurisdiction of the Area Courts in FCT. Why are all Nigerians taken to Area Courts in violation of the clear provisions of the Area Courts (Repeal and Enactment) Act 2010? Conducting matters there gives them the edge that after all, we condone their assuming jurisdiction. There should also be heavy sanctions on any of the courts that violate the rule, I mean even the CJN sometime last year directed an investigation into this matter as well as the Nigerian Bar Association. The situation has to be revisited with the Authority of that court and issues ironed out.

There is a rise in incidences where courts fail to inform counsel that their courts will not sit. How do you think the issue can be addressed by the NBA?

A workshop with the Registrars of court might bring an end to this time-wasting phenomenon. Even if there was no prior information that the court won’t sit, at least, there should be no need to keep Lawyers in court one hour after the normal 9 o’clock. After all, the court does not wait for Lawyers too. Timely information is key and saves time and resources of Lawyers within and outside jurisdiction. I also think that by creating a WhatsApp/Telegram platform court registrar’s can collate the phone numbers of litigants or their counsel for timely dissemination of information.

The court has on some occasions pronounced that paying unreceipted and unregulated monies to bailiff or Registrars of courts for tasks like service of process of enrolment of court orders is tantamount to bribery. What can the Bar do to arrest and stem this phenomenon that has made litigation more expensive, difficult and restricts access to Justice for the common man?

I would rather say that the bailiffs or Registrars should be given a regulated scale of fees. The idea of negotiating price for service of not only processes but also enrolled Orders and what have you is deflating. You find yourself wondering what is going on when you’re told if it’s not a certain amount imposed with the discretion of the Bailiff or Registrar you won’t receive the services you need. I think it will aid fast delivery of service rather than making it expensive.

There seems to be a lot of encroachment into jobs that were hitherto reserved for Lawyers. (Examples include Company Registration, Property Transaction Documentation, Perfection of Title e.t.c). What do you think are the likely steps that should be taken to redress this ugly trend?

The seal and stamp has gone a long way to demonstrate that quackery in the profession can be nipped. You should also know that some Lawyers are guilty here. Why will a lawyer give out his or her Notary seal and even seal and stamps to none lawyer to make use of when he was not the one that drafted the agreement. NBA should also come in to protect the Profession by using strategic committees to attend to Draft Bills as to ensure that some core areas of the profession are not allowed to be taken away or encroached upon.

A lot of Lawyers de-market the Profession by grossly under-charging for Legal Services rendered. What should be done to ensure Lawyers charge the right fees for Legal Services?

The NBA Abuja Branch under the leadership of Dr. Elachi Agada introduced a wonderful scale of fees whereby Lawyers are guided in view of fees payable by clients. I would have thought that such innovation would be sustained across the board. Unfortunately, it did not receive the deserved attention. That document provided for charges from consultation to appearance fees and amount payable for certain briefs and filings. I want to believe it was the template that NBA Suleja Branch used to produce their own scale of fees just last year. Therefore, if NBA Abuja for instance reintroduces that scale of fees in line with current economic situation in the country and most importantly if Lawyers adhere to it, I am sure there will be more value placed on the services provided by Lawyers.

Also, there is a need for Lawyers to value their time and industry, it is not all briefs that you accept just to enable you to eat at that moment. When you do this, you are invariably placing yourself at a level you may not come out from. So, there is a need for restraint from “food money”. I mean, ours is a prestigious profession!

The debate has remained with respect to wages received by Lawyers working in law firms especially the young lawyers who receive as low as N20,000 take home pay. Do you see an end to this?

Yes, I see an end. I have no doubt that once the economy of a Senior improves, that of the Young Lawyer under him or her will improve. But I must say that N20,000 is quite appalling given the enormous workload some Young Lawyers have everyday. Drafting, reading, writing, appearance and argument in court surmounts the take home pay. But then again, who can even pay a lawyer? So you see, what happens is as a Young Lawyer you get stipends to enable you move around and carve a niche for yourself. I advocate that when salary is paid it should not be less than minimum wage. There will be an end also, if there is a scale of minimum wage for Young Lawyers, that way, you know what you’re getting into beforehand. Also, the idea of some Seniors asking Young Lawyers to take up space in their office and pay should stop, any Young Lawyer who knows his onions should be encouraged to set up especially after required pupillage. Let me also add here that while seeking a better work environment, Young Lawyers should also endeavour to diversify into other practices that are compatible with the legal profession.

In recent times, a lot of controversy has surrounded the investiture of the rank of SAN to deserving Lawyers. What is your own personal view about the debate?

Well, it is a privilege to start with. The only issue is the pre-condition of qualifying as well as the manner of selecting those qualified. Perhaps, as a bid of addressing some of the issues a seminar was held for those seeking to be elevated this year a few weeks ago. I want to say that the quota system should be dropped as one of the considerations for the investiture.

Lawyers and Litigants are faced with long adjournment of cases and years of litigation over matters as simple as breach of contract. What are your suggestions for checking this?

For starters the workload on Judges is humongous. Everyday you find on cause lists that a Judge has about 15 to 20 cases to attend to and over 500 cases pending in the court. The implication is that if you do not attend to your matter, you get a 2 or more month adjournment. There is also the issue of frivolous applications and excuses by some Lawyers who you find were not prepared for their matter. One of the solutions may be having more courts and appointment of duly qualified persons to the Bench. Also, the archaic longhand writing punishment should be jettisoned, right of adjournment should be reduced to once and thereafter, the matter struck out for want of diligent prosecution. Where there must be a further adjourned date, a flat fee of N100,000 be imposed. Let me say that it is not all cases that should be in court being litigated, there are other ways of settling disputes and I believe using them will decongest the court dockets.

Do you think there is a decline in the Bar and the Bench as it deals with ethics?

It is very disappointing to say the least. Learned, prestigious, noble and so on are some of the catch phrases used in describing Lawyers but what we have today are all manner of allegations against the members of the Bar and Bench. Judges delivering mind boggling rulings and judgements, Lawyers breaching the trust of clients and fighting in open court, matters not conducted diligently, dress code thrown out of the window, what have red socks got to do with the regalia of a Lawyer appearing in court? At times you find Lawyers bickering over who takes the case out of turn. The trend is depressing, there is a lot to do for the relevant department in NJC or Committee in NBA regarding discipline.

This is an NBA Election year, what are the changes you expect to see both at Branch and National levels.

I expect to see an improved electoral procedure devoid of rancour and manipulation. Electoral positions are not bequeathed, that is why it is called an election. It is a shame that at the end of NBA elections all over Nigeria, you see Originating summons flying all over the place seeking for one interpretation of a section of the Bye Law or the other. The beauty of democracy is the concept of contesting into any office you believe you have the capacity to deliver on. Let Lawyers independently compare contestants in terms of capacity, presentation, representation, passion and ability to deliver on issues. I would like to see a lot of Lawyers getting involved in this NBA Election year. The confidence of the general public in Lawyers needs to be higher than where it is now and it is a proactive leader both at Branch and National levels that can chart the course of a proactive NBA.