Lawyers blame shutdown for out of court settlement

ISOLO NEWS
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By Damilola Kushimo

 

Lawyers working at customary and magistrate courts at the local government areas have revealed the reason why police now prefer to settle cases at their stations rather than dragging the suspected criminals to court.

 

According to the lawyers, the courts have not been fully opened for judicial operation as only new cases are accommodated without proper trial.

 

They explained that when getting to the court, the magistrate would only grant bail to the defendants and give a long date for the litigants to reappear in the court.

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It was gathered that since the resumption of partial operation in the courts, only fresh criminal cases (overnight) are entertained and the defendants are offered bail but, if they could not perfect the bail conditions, they would be returned to the police custody without trial.

 

The lawyers,argued for the full opening of th courts while while other institutions especially the markets have been reopened.

 

Prior to the outbreak of Covid-19 pandemic which necessitated the closing of the courts, people believed that cases are not prolonged at the customary and magistrate courts at the local government.

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As reported by ECHONEWS last month, the lawyers frowned at the restriction attached to the partial reopening of the court by the government.

 

The government had announced that the courts would only sit once in a week for only skeletal administrative operation in court after 11 weeks of lockdown.

 

While expressing their frustration over the situation, some of the lawyers in Isolo Local Council Development Area (LCDA), who spoke to ECHONEWS, appealed to the government to open the courts for full operations, claiming that they and their clients  are mostly affected by the situation.

 

Complaining, Barrister Habeebulahi Boladale, one of the lawyers in Isolo, claimed that the ‘skeletal’ operation in the courts could not help the judicial system as he emphasised that “justice delayed is justice denied.”

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Boladale explained: “No trial is being done, the court only takes criminal cases and that’s because they don’t want to keep the suspect in the police custody. They arraign them and grant them bail and if the defendant couldn’t perfect the conditions, they will be returned to cell. They are not doing much. After bail they just give them a very long date to reappear in court.

 

“As observed, the police are beginning to feel reluctant to bring cases to court. They find a way of settling cases in the station except the ones they couldn’t settle. Most of my cases even criminal cases, the litigants are complaining that they are not getting justice because justice delayed is justice denied. Presently, a landlord cannot take a defaulting tenant to court, it’s affecting my client and it is affecting me directly and indirectly. Lawyers have families. The current situation is very bad.

 

“Let’s start working fully. People go to the market. Let’s adopt the same approach adopted in market and ensure the precautionary measures are met. Reopen the court and take cases.”

 

Another lawyer, Barrister Ann Nkeonyenesi said: “The court is supposed to be the last hope of a common man regardless of any situation but, as it is now we can only hope that it will get better because the supposed reasons for the constraining orders are not convincing. The courts should start sitting. After all, people do seminars, they go to markets. Cases are suffering, some people’s means of livelihood is at stake because their cases are not taken.

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“The courts should start sitting even if they will only take 10 in a day; five in the morning, five in the afternoon that will go a long way to solve the problem than this standstill. It is the litigants and the lawyers that get the heat.

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