Attack on court bailiffs is attack on judiciary

In March 2016, Mr Abraham Ifijeh, a bailiff of the Court of Appeal, Benin Division, who went to serve court processes, got the beating of his life. The court papers were part of Form 48 Notice to the Speaker of Edo House of Assembly, Mr Victor Edoror, over the swearing in of Sylvanus Eruaga as […]

In March 2016, Mr Abraham Ifijeh, a bailiff of the Court of Appeal, Benin Division, who went to serve court processes, got the beating of his life. The court papers were part of Form 48 Notice to the Speaker of Edo House of Assembly, Mr Victor Edoror, over the swearing in of Sylvanus Eruaga as a member of the assembly representing Etsako West Constituency 11.
Also, sometime in January, a female bailiff attached to the High Court in Umuahia, Abia State, who went to serve court papers on a serving senator at the Arochukwu Stadium, was shouted at by the senator, who also ordered his boys to beat her up.  She was rescued by sympathisers who were acquainted with her.
The above instances show the growing culture of attacks on court bailiffs and rejection of court papers by some concerned members of the public. Legal experts say any attack on the bailiff or official of the court in the discharge of their official functions is a direct attack on the judiciary.
The case of Ifijeh, who was allegedly surrounded and given some thorough beating by persons believed to be staff of the assembly, has attracted the attention of the President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa.
In a recent letter to the speaker from the registrar of the court, Aliyu Ibrahim, Justice Bulkachuwa directed the Edo assembly to send a formal apology to the Court of Appeal over the “battery of the court’s official.”
The judge warns  of commencement of contempt proceedings against the Edo assembly if no action was taken to identify the persons responsible for the affront on the nation’s third arm of government.
The PCA regretted the action of the clerk of the Edo assembly in allegedly refusing to sign an acknowledgement copy of a protest letter from the court dated April 7, 2016 following the incident.
“The courier service returned the letter to the court with the reason that ‘the consignee refused to sign.’ For this reason, the claim of the clerk in his letter of 11th April, 2016 that the speaker is a law abiding citizen is doubtful and cannot be sustained,” the registrar said.
The PCA said by the provisions of the Sheriffs and Civil Process Act (Cap S6 LFN, S. 96), the bailiff is empowered to effect service on whosoever has a matter in the court as the court’s official messenger.
Legal experts also say that service of court process is fundamental to proceedings of the court which leads to judicious dispute resolution, rule of law and the sustenance of the country’s fledgling democracy.
In First Bank of Nigeria Plc vs TSA Industries Limited (2010), the Supreme Court held that “it is the duty of the judge, who is seized with the proceeding before him to ensure that there is proper service of the process on the other party who may be affected by the outcome of the proceedings before it.
“Where a court proceeded to determine the matter before it without a proper service, the proceeding would amount to a nullity. It is not only null and void but also unconstitutional,” the Supreme Court said.
Contributing on this score, Friday Izinyon, an Abuja-based legal practitioner described attacks on court bailiffs, which are rampant in Nigeria as “barbaric and uncalled for” because of the fundamental nature of their role.
“Commencement of court proceedings without service of processes will be an exercise in futility because if you are suing someone, the person must be aware of the matter,” he says. “It also entails the doctrine of fair hearing to enable the parties the opportunity to say their own side of the case.”
He also posits that assault on court bailiffs because of their perception as harbingers of bad news does not speak well about the respect for the judiciary, which is an arm of government.
Izinyon advices that: “If the bailiff brings you court processes, it is your duty to take it to your lawyer. Your lawyer will look at it and respond appropriately.”
 A Senior Advocate of Nigeria, Onyechi Ikpeazu, says on no account should the court bailiffs be harassed in the course of performing their official functions. He said the risks associated with service of court processes made the colonial masters to assign the role to police officers who are attached to the courts.
Further, he said the rules of the court have taken care of the situation where parties try to evade service such that there are alternative avenues to effect service. These include by substituted means viz-a-viz publication in the newspapers or by pasting same in a conspicuous part of the party’s building.
“It is criminal to obstruct bailiffs from executing their functions,” he said.
In his contribution, Barrister Abdul Mohammed described as worrisome the recent upsurge in attacks on court bailiffs.
“It is an indication of the abyss of lawlessness we are degeneration into. The bailiff is merely a messenger of the court carrying out the instruction of the court to effect a court summons or information pertaining to an action pending in court against the person whom the processes are being served,” he said.
Continuing, he said: “If his reaction is to attack the bailiff, he can as well attack the court. The court should do well to protect its bailiffs and restore confidence of the people in the judiciary.”
As the country’s democracy grows, it is expected that respect for the rule of law and the sanctity of the courts, should also become stronger.