Wednesday 9 October 2013

This issue of delayed cases in court BY PRISCILLA CHRISTOPHER

The court of law today is seen and regarded has a long walk to justice and the implementation of law owing to the common activities of members of the Judiciary which has protracted for ages, as a result of the above, the definition of law has become an object of personal opinion where one has to define its terms to his/her understanding or taste and this explains why everybody wants to take laws into his/her hands.

Much as people’s varying definition differs from another’s stand point, the need to broaden the spectrum of citizens comprehension cannot be over looked as the law is the only coverage and backing they have from the government against foes and attempted threats to life.

In this context, the law according to Ezekiel Asemah is a set of roles or principles created or approved by the state government authority in a society for the guidance or regulation of human conducts, violation of which attracts a sanction or punishment, being the whole system of roles that everyone in a country or society must obey, law is the body backing laid down rules or regulations guiding everyone in the society where failure to its adherence must result in punishment. It means a role that deals with crimes or offence committed.

The law is also meant to regulate human conducts by ensuring that citizens conduct themselves in an orderly manner every man irrespective of class is subject to the law of the land, and the court of law examines cases brought before it, identifies and protects where one’s interest has been violated thus, the need for the existence of the law cannot  be ignored as it serves as a machinery or agency through  which the will of the state is formulated, realized and although the weight of the law has often been reduced in certain circumstance especially in cases of prominence, the role of law is totally against the inequality of men before the law.

The role of law is the supremacy of the law over every being in a political system. According to A. V Dicery , the role of law should not only guide individuals activities in a  state, it should also ensure that those entrusted with the affairs of the  state abide by this role and govern the people according to the provision of the society or country’s constitution. Sequel to this, there must be absence of arbitrary role, equality of every man before the law, due process must be taken to ensure that no one is deprived of his righty without due process of law and power is not concentrated in one hand.

Much as this law is becoming “old school’ the Judiciary owes the citizens the responsibility of defending them as an agent of the government. The interpretation of the law in the favour of those day and those who lack such ability are made to suffer unjustly. The helpless have had their rights denied, privileges aborted and properties claimed by ‘Stronger vessels’ aided by those who claim to know the law. In other cases, those who are novices to affairs of the law often fall victims of exploitation and extortion before their cases are finally attended to. So Partial and bent is our legal system that the masses have no say and the law courts which should serve as a ground for retributive judgment and crisis resolution is avoided with contempt. There is no due process in the settlement of cases without financial investment one has to pay to write a statement at the police station, pay to find an advocate, pay to be granted bail, pay to go to court, pay for the speedy trial of the case and a hell of commitments anything short of this will see the case being adjourned for years with the plaintiff giving up on the case having had his/her justice denied. 

Until last month when this issue was bought up by a popular Radio programme “Talk your God”, most people’s comprehension of the law, their demands and their responses to it was vague and obscure.
It was disclosed that the constitution only allows three adjournments on a case where the last of the three adjournments must determine the position of the aggrieved parties to the case. It was also gathered that writing of statements at the police station and granting of bail is constitutionally free of charge; likewise the detainment of arrested persons which should not exceed twenty four hours.

If this indeed is true, the government via the Judiciary should sit back and think of how hard they need to work to gain back the confidence once reposed on them by the citizens. Most cells and prison yards in this state has become a home to innocent persons whose cases are still awaiting trial after months and years of adjournments. Nobody wants to get involved with the rigours and frustration of the legal system  even when the dire need to do so is there and so the society  continue to deteriorate in morals, conscience and regard for life and safety.     

As the third organ of government, the Judiciary should note that they are saddled with the responsibility of adjudicating disputes and punishment of law breakers. They should also be aware that this role of theirs goes hand-in-hand with the protection of citizens rights and liberates and that a deviation from the above mentioned assignment will cause a mistrust to occur from the citizens. The law exists for the citizens and the citizens for the law and injustice anywhere is a threat to justice everywhere.             

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