- “We are only as strong as our weakest link”, AGF Fagbemi, SAN
Hon. Justice Benedict Kanyip, President of the National Industrial Court of Nigeria, (NICN), has given insight into why lawyers in the employ of the Federal Government, lose cases in court.
His Lordship who spoke at the opening session of a training on proceedings of the NICN, organised for State Counsel recently in the Federal Ministry of Justice, said it was unfortunate that many government lawyers appear in court not only unprepared but also ignorant of new developments in the jurisprudence.
“Many cases have been lost by the government due to the incompetence of counsel,” the NICN President said.
He disclosed that the situation got to a point where a former Solicitor-General of the Federation confronted him to complain that the government was losing a lot of cases.
According to Justice Kanyip, while the Federal government was complaining about its inability to win most industrial-related disputes, labour unions, on the other hand, accused the court of favouring the government.
Pointing out that many state counsel approach the NICN with the erroneous notion that it shares similar procedural guidelines and practice directions with the Federal High Court, he confessed that: “In such cases, there is nothing we can do.”
Continuing, he stated that: “As Judges, there are limits that we can go into the arena. Recently, I did a case that involved Shell. Apart from the state counsel coming late to court, there was late filing of processes with the excuse being that he could not find the case file.
“I asked if counsel wanted to get the certified copies from the court and he said no, so, I dismissed the excuse. Even though the case was won at the end of the day, it was not because of the effort of counsel, but because of the industry of the bench.”
While declaring the training open, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, said the aim was to build the capacity of lawyers in the Ministry of Justice “in the resolution of industrial disputes either through the litigation or mediation windows offered by the NICN.”
The AGF maintained that the NICN, being a specialized court with expertise in the increasingly complex field of labour law, employment matters and trade unions, plays a critical role in the protection and balancing of employer and employee rights, ensuring socio-industrial stability, and economic development of the country.
“Let me also emphasize that this Hon. Court is also vital to the sustenance of government policies as exemplified by cases which have challenged or borders on interpretation of the Public Service Rules, government circulars, tenure policy in the Federal Public Service, issues bordering on sensitive matters of recruitment, remuneration, pension, termination, etc.
“The role of the NICN is therefore critical to our national interest, as it has the responsibility not only to resolve labour disputes but to shape the environment in which workers and employers can coexist productively.
“This court, by its decisions, promotes the stability required for sustainable economic growth and sets standards that encourage both foreign and local investments.
“To my colleagues from the Federal Ministry of Justice, the work that each one of us does as Legal Officer in our various entities is pivotal in enhancing the fortunes of this country.
“Our legal opinions, drafting, decisions and approach to issues have consequences that extend beyond the legal field to socio-political and economic fields.
“Therefore, it is essential to strengthen our collective skills and ensure we are well-equipped to address the evolving legal challenges starring our dear nation.
“Sadly, we are only as strong as our weakest link. As the legal arm of the government, our responsibility is to uphold and enforce the laws of the land with integrity, professionalism, and impartiality.
“The demands of this role are immense, requiring not only technical legal expertise but the unique practical application of these principles in a rapidly changing society like ours.
“This training therefore offers a unique platform to deepen our skills, sharpen our knowledge, and prepare for the complexities we face as legal professionals.
“As an administration, we will continue to invest in capacity development initiatives for our law officers in all recondite/specialized areas of public law to substantially improve upon the quality of prosecution and defence conducted on behalf of the government, so as to meet contemporary demands of good governance.
“It is my earnest expectation that this training, which will be continuous, will adequately address the genuine concerns of the bench and the law officers appearing before your Lordships as it relates to the conduct of trial proceedings before the court,” the AGF stated.
