Home News AGF Fagbemi: FG Has Measures To Prevent Judgment Debt

AGF Fagbemi: FG Has Measures To Prevent Judgment Debt

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Prince Lateef Fagbemi (SAN)
Prince Lateef Fagbemi (SAN)

The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN) disclosed on Tuesday that the federal government has measures to prevent debt arising from judgments and arbitration proceedings against the government and its agencies.

Fagbemi said the measures became necessary in view of the increasingly rising debt profiles of government at all levels, which pose serious danger and challenge to our national economy and existence as an independent nation.

He explained that the initiative, which was midwifed by the Federal Ministry of Justice, is in the form of “a collaborative framework with specialist firms to enable legal officers, involved in drafting memorandums of understanding (MOUs) and other forms of binding agreements, acquire required skills to identify possible areas of dispute or liability, which could lead to avoidable litigation or arbitration costs and judgment debt.

“We are willing to extend the support to legal officers in the various states in order to strengthen their capacities in this regard.”

Fagbemi, who spoke in Abuja at the Body of Attorneys General (BOSAG) conference and meeting of the General Council of the Bar, tasked state governments to take advantage of recent amendments to the Constitution to develop their economy.

He said the amendments were effected through the Fifth Alteration Numbers 15, 16 and 17 Acts of 2023, to devolve powers to component states of the federation in matters pertaining to correctional services, railways and the generation, transmission and distribution of electricity in areas covered by the national grid respectively.

The AGF added that “in the light of these constitutional changes, it has become imperative for states of the federation to take maximum benefit of these constitutional alterations by developing their legal and policy frameworks on these legislative items.

“In doing so, I enjoin the states to ensure proper structuration and delineation of their responsibilities by taking cognizance of the constitutional doctrine of covering the field, so as to minimize or avoid constitutional frictions.”

He also stressed the need for members of BOSAG to work with the other arms of government to strengthen the justice delivery system in view of its importance in sustaining the democratic process.

The AGF added: “As we all know, the effectiveness and functionality of the justice system has a direct effect on the overall development, stability and sustainability of any society.

“I urge my distinguished colleagues to ensure the full implementation of financial autonomy for the judiciary across our States as provided for under Section 121(3)&(4) of the Constitution, as a mark of our true and holistic commitment to the ideals of democracy and good governance.

“We should in this regard seek to robustly build the capacities of the Judiciary, both in terms of personnel and infrastructure, particularly by investing in technologies that are necessary to automate vital aspects of our court operations and ultimately implement a digital justice delivery system.”

Fagbemi also stressed the urgent need to mainstream anti-corruption principles into subnational public administration.

He added: “One of the lessons I learnt from the implementation of the National Anti-Corruption Strategy, 2017/2022 is the need to ensure that the strategy is adopted and driven at the subnational level.

“This is a move away from current efforts by Anti-Corruption strategies being driven solely by Law enforcement and regulatory agencies at the federal level.”

The chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Mohammed Monguno assured that the 10th Senate was committed to embarking on multi-dimensional reforms capable of repositioning the nation’s Judiciary to enable it to face the challenges of the 21st Century, frontally and in tandem with global best practices.

He urged members of  BOSAG to come up with ideas on areas of existing laws to be amended and new ones considered necessary to be enacted, particularly the debate on whether or not the office of the AGF and Minister of Justice should be split at both the federal and state levels.

Senator Monguno added:  “This meeting is apt and timely in view of the current challenges, which have bedevilled the country’s Judiciary and the need to, as a matter of urgency, address emerging legal Issues affecting the Nation, with particular reference to conflicting judgments, arising from Election Petition Tribunals and the Court of Appeal in recent time; the implementation of the Data Protection Act 2023 and factors affecting the implementation of the Administration of the Criminal Justice Act 2015.

The chairman of the House of Representatives committee on judiciary, human rights and legal matters, Honourable Olumide Osoba urged members of BOSAG to work on ways to ensure equity in access to Justice by all Nigerians.

Osoba argued: “It is our moral and constitutional duty to ensure that all individuals, regardless of their background or social status, have equal access to Justice.

“We must strive to bridge the divide and promote a more inclusive, equitable and just society. Our goal should be to provide a justice system that is not only fair but also sensitive to the needs of the vulnerable in our society.

“To achieve this, we need to adopt a multi-pronged approach that involves coordination and collaboration between all arms of government and civil society organizations.

“We need to invest in improving access to justice through legal aid, community-based paralegal services, and technology-driven solutions.

“We must also work towards building trust and confidence in the justice system by engaging with marginalized communities and addressing their concerns.

“Another critical issue that we need to address is the disproportionate representation of minorities in the criminal justice system.

“Studies have shown that individuals from marginalized communities are more likely to be arrested, charged and sentenced to longer prison terms than their counterparts.

“This system of discrimination is unacceptable and runs counter to the principles of justice. We must also focus on addressing the root causes of crime, such as poverty, inequality and social exclusion.

“By investing in education, healthcare, and social welfare, we can create a more inclusive and equitable society, thereby, reducing crime and improving access to justice.”

Credit: thenationonlineng.net

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