Law

‘Judges’ harsh work conditions killing justice delivery system’

Kachollom Peter, an indigene of Barkin Ladi LGA in Plateau State, was called to Bar in 2019. He shares his law journey in this chat with JOHN CHIKEZIE

 

Background

 

My name is Kachollom Peter and I am a legal practitioner from Barkin Ladi Local Government Area of Plateau State. I obtained an LLB from the University of Abuja in 2018 and thereafter proceeded to the Nigerian Law School, Lagos Campus. I was called to the Nigerian Bar in November 2019.

 

However, I love general law practice but I am particularly interested in human rights and property law.

 

Choice of career

 

I have a keen interest in the acquisition of knowledge, especially individual rights and obligations. I also saw the legal practice as a sacred noble profession.

 

Pupilage

 

I was involved in mock trials in school and that made the whole law process easy for me.

 

I have interned and also been working with small firms. But I have learned as much as I could possibly give out. I am currently a junior associate at A. H. Mukhtar & Co

 

 

Justice system

 

The Nigerian justice system is not independent. Independence refers to when someone/something is not subject to control by another.

 

When we want to address the issue of independence, we delve into different aspects like political and economic controls. For instance, who controls appointments of Justices and Judges of Nigerian Courts? Chapter 7 of the Constitution is very clear and this has made the issue of executive heads interfering with the dispensation of justice an excusable act.

 

This should not ordinarily happen in a democratic system where the rule of law is the cardinal point. More so, on economic independence, the judiciary is still under the payroll of the executive arm; a payroll deliberated and agreed on by the legislature.

 

And we know who pays the piper dictates the tune. On the issue of dispensation of justice, I must say that our judges are really doing their best, honestly. Most of them actually work under really unfavourable conditions and are even overworked

 

That notwithstanding, some still do whatever they can and you will see justice being evident in their verdicts. We know there are stories and some evidence of “corrupt judges.” Corruption is everywhere and it would have been less if the system was working. Dispensation of justice is very slow in Nigeria. There should be laws that specify timeline within which a case starts and finishes. Imagine cases going on for 6-15years.

 

Where is then the justice we hope for? Why don’t we have “special courts,” a situation whereby a judge handles cases within a specific aspect of law.

 

Can you imagine one judge will start cases on the causelist with a negligent matter; ranging from a rape case, a land matter and then an MOU (Memorandum of Understanding) matter, all in one day, listening to around 15 different cases for five days a week?

 

Trademark and copyrights be as property

Trademarks are intellectual rights in respect to signs, designs and expressions and copyrights are also intellectual rights in respect to original creators of products

 

Either way, the law seeks to protect the intellect (intangible properties) of individuals. These are properties because property is seen as anything one owns. Trademarks and copyrights are intangible properties of individuals.

 

Lease and licence

 

They are both possession of a property given to individuals (lessee or licensee), who are not owners of a land, by the land owner usually for a period of time. The differences will only be seen in the extent of such rights.

 

For instance, the right of possession of the licensee can be revoked at any time by the landowner.

 

However, a lessee’s right to possession is usually for a certain term and for that reason, that right cannot be revoked at any time the landlord so wishes.

 

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