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Access to Justice’ Agenda for New Attorneys General

 Compliance with Judicial Decisions:
The last eight years of democratic governance in Nigeria was particularly plagued by disobedience of judicial decisions by the executive and its agencies at various levels. This potently undermined judicial integrity and public confidence in the rule of law. It should thus be a focal priority for the federal AG to revisit all outstanding cases of disobedience, by government agencies, to court orders and ensure immediate compliance with such decisions. The President has set the ball rolling by ordering the release of Lagos Council funds which was the subject of a December 10, 2004 Supreme Court decision. It behoves the AG to ensure that the government and its agencies maintain a culture of 100 percent compliance, just as President Yar’ Adua has pledged, with court orders.

Advancement of On-Going Justice Sector Reforms :
Although there are on-going efforts, at various levels and fronts, to reform the justice sector, there are many dysfunctions still remaining in justice administration. The AG is therefore presented with an opportune moment to engage significant change in the justice environmentby continuing, with fresh impetus, and perhaps innovatively advancing current efforts in the realm of justice sector reform. This would sharpen the results accruable from our long process of reform and ensure that reform outcomes are sustainable and replicable in different parts of the country. Access to Justice is currently assessing the level of progress made towards reforming the justice sector since Nigeria’s transition to democracy in 1999, and what challenges remain in the field. The result of the assessment would be shared with the AG, other stakeholder groups, policy makers and drivers of our justice sector.

 Implementation of Coroner’s law:
Extra-judicial killings by law enforcement agencies have been rampant, widespread, and continuing in Nigeria, and many studies and media reports attest to this. Faced with startling statistics of impunity killings in Nigeria, Access to Justice has been working to ensure accountability for killings through our Coroners Law Reform Project, aimed at resuscitation and reform of Coroners’ Laws across states of the Federation. Lagos State, Cross River state and Imo State have each passed a new Coroner’s Law, while in Kano, Rivers, Bayelsa and Plateau States, procedures are in important stages to pass new Coroner legislations. We hope that the AG’s would continue, perhaps in collaboration with Access to Justice, to ensure accountability for extra-judicial killings by those who perpetrate them, through the active use of the coroner system.

 Prohibition of Torture:
Another area that requires immediate attention is the provision of legal safeguards against investigative violence and torture. Although the Constitution and some other statutes contain provisions protecting the right to human dignity, abuse by state law enforcement personnel, torture and “third degree” methods of investigation are routine in our criminal justice system. Access to Justice has been working, since 2005, in collaboration with the Federal Attorney General’s office and the Federal Ministry of Justice to enforce the prohibition of torture in our criminal justice process. What however remains, amongst other, is a legislation prohibiting and criminalizing the use of torture in Nigeria. We urge the federal AG, through the Federal Executive Council, to facilitate the passing of a legislation prohibiting torture in Nigeria.

While we acknowledge the enormity of the challenges ahead, we also firmly believe that with well aimed initiatives and continued concerted effort towards justice sector reform, we can transform the landscape of the administration of justice in Nigeria. We therefore wish our Attorneys General very successful tenures in office.

Signed

For: Access to Justice
Joseph Chu’ma Otteh Chinedu Yves Nwagu
Executive Director Programme Attorney