An aggrieved party approaches the court either personally or through a counsel seeking inter alia the protection of their fundamental human rights as enshrined in the Constitution of the Federal Republic of (Grund Norm) encroached by an individual, group, government or government agency. Due to the technicalities involved in the procedural laws of the courtroom, […]
The courtroom as a classroom
An aggrieved party approaches the court either personally or through a counsel seeking inter alia the protection of their fundamental human rights as enshrined in the Constitution of the Federal Republic of (Grund Norm) encroached by an individual, group, government or government agency. Due to the technicalities involved in the procedural laws of the courtroom, from instituting a suit to obtaining judgment which are totally unfamiliar and beyond the comprehension of the lay man, it is only wise that a lawyer represents an aggrieved party. This does not in any way suggest that a lay man cannot handle his/her matter personally irrespective of the glaring resultant effect.
The Oxford Advanced Learners dictionary, defines a classroom as a place where students are taught; in this case, the courtroom is a place where young lawyers are taught the nitty gritty of the legal profession by judges, where Senior Advocates of Nigeria (SAN) set examples for other lawyers to follow; where young lawyers get acquainted with court processes and how proceedings are conducted and where law students on attachment learn the practicability of law. The courtroom, while not deviating from its primary goal of adjudication, can only come to a just conclusion of a matter when both counsel involved conduct their cases properly and appropriately without abuse of court process.
The courtroom plays a vital role in the development of both the legal profession and the Nigerian legal system. To the writer, the courtroom has become a valuable avenue for young lawyers to know their mistakes and correct them, reason being that, the preparation of a young lawyer in the law office is either confirmed as good or rejected, as callous by their learned worships/lordships when such lawyer presents his case before them. Legal practice is not all about going to court all the time, however, the courtroom goes a long way in developing the confidence, candour and self esteem of a young lawyer as well as enhances advocacy. The writer was in court recently, when a young lawyer was moving a motion for summary judgment. When his lordship asked him why the motion should be granted, it was then he realised the motion was ripe because the defendants after proper service had not filed any defence.
There are judges who take the dress code of lawyers appearing before them very serious, as such, any dressing that looks out of place is quickly and publicly condemned. This serves as a deterrent to other lawyers, both young and old, present in court. Furthermore, there are certain sharp practices in the legal profession not glaring to the eyes of a young lawyer, and if not for the presence and intervention of the umpire, the young lawyer would constantly find himself in one quagmire or the other. It is the judges unwavering impartiality in adjudicating justice that unfolds such practices to the eyes of a young lawyer, precluding a smart one from engaging in “jankara” practice.
Litigation is not an easy practice, a lot of work is involved in putting together a client’s case; from filing of court processes, effecting service either personally or by substituted means, to motions, adjournments, filling out of time e.t.c and the courtroom has provided the best platform to learn certain mistakes that shouldn’t be made twice in practice while not putting your client at risk.
It is the writer’s opinion that perception of the judiciary by the Nigerian populace plays an important role in the dispensation of justice, as such, the courtroom as a classroom, as a teacher of ethics and nobility, should ensure that officers of the court actively involved in judicial process from the registrars, clerks, bailiffs, sheriffs and lawyers alike don’t undermine the legal profession in the eyes of the common man by words or conduct within and outside the court premises.
Justice is equality to all and as the protector of justice, it behoves on the judiciary to ensure that the society at large does not lose trust in the Nigerian legal system.
