The Nigerian Bar Association (NBA), Akure Branch, has raised concerns over alleged irregularities in remand proceedings in Ondo State, warning that practices capable of undermining fundamental rights and personal liberty must be addressed.
The association also called for a comprehensive review of the state’s electronic filing system, describing its current operation as largely an electronic payment platform rather than a fully integrated digital filing process.
The concerns were contained in a communiqué signed by the branch Chairman, Oju Kekemeke, and Secretary, Oluwanike Omotayo. The lawyers expressed concern that despite the introduction of online payment and uploading of court processes, legal practitioners and litigants were still required to print and physically submit documents at court registries for assessment, stamping and other administrative procedures.
They said recurring network failures, system downtime and shortages of essential registry materials had further slowed the filing process, defeating the purpose of introducing electronic filing.
The branch consequently called for an end-to-end electronic filing system, insisting that lawyers and litigants should no longer be compelled to submit hard copies of documents already uploaded to the platform.
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It maintained that where physical copies were required for court records or service, the registry should generate them from the uploaded documents.
The NBA also called for exemptions for urgent ex parte applications from mandatory electronic filing requirements, arguing that technical or administrative challenges should not frustrate applications requiring immediate judicial attention.
To address the challenges, the branch constituted a three-member committee chaired by Mr Banjo Ayenakin, with Mr Ibukun Fasanmi as secretary and Mr Adetiloye Victor Ajayi as a member.
The committee is expected to document specific operational deficiencies in the e-filing system and submit recommendations to the branch. Its mandate also includes examining delays in the processing of title documents.
On the administration of criminal justice, the lawyers expressed grave concern over reported remand practices which they said could undermine the safeguards provided under the Ondo State Administration of Criminal Justice Law, 2015.
They noted that applications for remand were not always subjected to adequate scrutiny regarding their legal and factual justification.
The branch also raised concerns over reports of remarks attributed to some judicial officers suggesting apprehension about possible administrative consequences when deciding whether to refuse remand applications.
It stressed that decisions affecting personal liberty must be based on the applicable law, evidence and materials before the court, as well as the independent exercise of judicial discretion, rather than fear of administrative displeasure.
The association resolved to engage the leadership of the state judiciary on the concerns and advocate strict compliance with statutory safeguards governing remand proceedings and the protection of personal liberty.
It further urged judicial officers to determine every remand application independently and on its merits, either granting or refusing it in accordance with the law and circumstances of each case.
As part of efforts to address the issues, the branch resolved to seek an audience with the Chief Judge of Ondo State, alongside elders of the Bar and former chairmen of the association.
The proposed meeting is expected to address delays in the assignment of newly filed cases, operational challenges associated with e-filing, concerns surrounding remand proceedings and judicial independence, as well as ways of improving cooperation between the Bar and the Bench.
The lawyers also called for the deployment of additional legal practitioners from the Ondo State Ministry of Justice to the Ondo State Security Network Agency, popularly known as Amotekun Corps.
According to the communiqué, the proposed secondment would strengthen legal scrutiny of charges and other court processes before cases are filed, ensure compliance with relevant legal requirements and protect the rights of persons involved.
The NBA reaffirmed its commitment to the rule of law, judicial independence, protection of fundamental rights and efficient administration of justice, calling for stronger collaboration among the judiciary, Ministry of Justice, security agencies and the Bar.
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