TOWARDS ENHANCING BAR-

BENCH RELATIONSHIP IN
JIGAWA STATE OF NIGERIA

Paper delivered at the

Jigawa State Bar-Bench
Forum Meeting
Held on 11th March, 2008
 By
Ibrahim Barkindo

Assistant Lecturer,
Center for Islamic Legal Studies,
Institute of Administration,
Ahmadu Bello University,
Zaria.
Overview
z Purpose of Bar-Bench Forum
z The Position of Bar-Bench Relations in
Jigawa
z Homogeneity of Bar-Bench Relations
across the Nation
z Lessons to be learnt from other
jurisdictions
z Suggestions/Recommendations
Purpose of Bar-Bench Relations
z To bridge gaps if any
z To provide an avenue for interaction and
cross-fertilization of ideas
z Working together to champion justice
z To smoothen litigation process
z to defend the Rule of Law
Scope of Bar-Bench Relationship
z Relationship inside the courtroom
z Relationship outside the courtroom
- Connected to a case, like comment on
an on-going or determined case
- General comments on the judiciary
generally or on a particular judge,
whatever the comment is
The RPC and Bar-Bench Relationship
z Rules 1, 2 and 3 specifically talk about Bar-Bench Relationship
z It is the duty of the lawyer to maintain respectful attitude, not for the sake of the temporary
incumbent of the judicial office, but for the maintenance of its supreme importance. Judges
not being wholly free to defend themselves, are peculiarly entitled to receive the support of
the Bar against unjust criticisms and clamour. R 1 (a)
z A lawyer should never show marked attention or un-usual hospitality to a judge, uncalled
for, by the personal relations of the parties. He should avoid anything calculated to gain or
having the appearance of gaining special consideration or favour from a judge. R 2
z During trial, the lawyer should always display a dignified and respectful attitude towards the
judge presiding, not for the sake of his person, but for maintenance of respect for and
confidence in the judicial office. It is both the right and duty of the lawyer fully and properly
to present his case and to insist on an opportunity to do so. He should vigorously present
all proper arguments against any ruling he deems erroneous and should see to it that a
complete and accurate case is made.
z A lawyer should not discuss a pending case with any judge trying the case, unless the
opposing lawyer is present.
Duty of Counsel to Court

• To be punctual to court
• to attend all court sittings unless with a leave,
• to be properly dressed to court
• must know the correct mode of addressing the judge and professional
colleagues
• must know and maintain correct decorum in court
• must maintain a respectful attitude to the court in words and deed
• to be fully prepared to go on with the case and not seek unnecessary
adjournments thereby wasting the court’s time
• must conduct his in logical sequence thereby assisting the court to follow the
case with ease
• must be candid and fair
Duty of Court to Counsel

z Constitutional obligation to grant fair hearing:

- Counsel must be allowed to conduct his case in the
way he feels best and the court should not interfere
- Counsel to be accorded right of audience

- Court is expected to respect counsel

Where a court unduly interferes, judgment may be set

aside on appeal (HIPPY Hallet case)
The Position of Bar-Bench Relations
in Jigawa
z “Bar-bench Relationship in Jigawa is average and can be enhanced if a forum
of executives of the two is formed to always work together to identify and table
problems at Bar-Bench Meetings” – a judge from Jigawa
z “The Relationship is cordial”
z Some judges see that Sharia Court judges receive less respect from the Bar
than their counterparts in the Magistrate Courts
z If not for some unnecessary applications by some members of the Bar, the
relationship is good.
z The Bar-Bench Forum should be open and be implementing Recommendations
made. A lawyer from Jigawa
Homogeneity of Bar-Bench Relations across the
country

“Our relationship with the Bench has always been cordial, … The Bar should always remain the
defender of the judiciary and for the past two years, we have stoutly spoken for and stood
by the judiciary, even at the risk of personal attacks and reprehension. It is hoped that all
heads of courts in this country will appreciate the fact that the Bar and the bench should
always work in unison, as both of them belong to the same family or parents and that any
attempt by one to attack, ridicule, undermine or subvert the other would be counter-
productive to both of them, and might end up destroying the age-long symbiotic relationship
between these twin pillars in the temple of justice.
When judges’ orderlies were unceremoniously but unconstitutionally withdrawn, the Bar
championed the battle for their restoration. When some highly respected Justices of the
Supreme Court and Court of Appeal were being taunted and ridiculed, the Bar took then
battle to the doorsteps of the attackers. When the Chief Judge of Plateau State was
removed by Governor Joshua Dariye and the Plateau State House of Assembly, the Bar
called for caution and the amendment of the Constitution which virtually politicized the
offices of Chief Justice of Nigeria and the Chief Judge of a State. A few weeks back, I
personally took up with the Inspector general of Police the case of an armed robbery attack
against one of our four judges in Enugu State who has no security protection whatsoever in
either his office or residence….”
Chief Wole Olanipekun at the 2004 Annual General/Delegates Conference delivering his Report
Sheet as the President of the NBA.
Bar-Bench Relations in Lower Courts
z Some counsel appearing before Sharia Courts find the Procedure strange or
un-usual
z Issues like Cross-examination of witnesses & who puts questions to a witness
spring-up
z The position of role of a legal practitioner in litigation is also an issue still raised
by some judges
z There is lack of understanding by some Sharia Court judges of who a legal
practitioner is, what he does & his role in litigation.
z Some Sharia Court judges perceive that lawyers see them as inferior breed of
judges and that lawyers respect magistrates ore than them
z Some counsel have a feeling that some judges conduct themselves in
unprofessional ways
z Some Sharia Court judges see that at most, lawyers can only be Agents of
parties to a suit and should not have any extra powers.
Lessons to be learnt from other jurisdictions
z Bench and Bar of Minnesota: the official publication of the Minnesota bar
Association
z Kentucky Bar and Bench: Journal of law contributions to it are from judges and
lawyers
z Bench-Bar Symposium on Professionalism: organized by the Connecticut Bar
Association and State of Connecticut Judicial Branch
z Washington Bench-Bar-Press Committee: The Bench-Bar-Press Committee of
Washington was formed in 1963 to foster better understanding among lawyers,
judges, law-enforcement officers, and representatives of the news media, and
to seek accommodations between the constitutional rights of fair trial and free
press.
z Michigan Appellate Bench-Bar Conference: issues in practice and procedure
discussed, problems brought forth for discussion and solution, malpractices
highlighted and ways of tackling them discussed. (Conference Summary Report
available in PDF format on request
Suggestions/Recommendations
z The Bar-Bench Forum of Jigawa should meet more frequently
so as to tackle the various issues arising over the time
z Periodic surveys on Bar-Bench relationship be carried out to
populate the behavior, opinion, perception and experience of
both the benchers and members of the Bar on mutual
professional relationship.
z Design activities and projects as a result of the above surveys.
z Both Individual and Institutional Approaches should be
undertaken to further the good Bar-Bench Relationship in
Jigawa State.
Institutional Level
z Periodic meetings with a year calendar in advance; featuring hot issues on practice and
procedure (Draft Calendar to be used)
z Monthly Newsletters (e.g. Jigawa Bar-Bench Newsletter): judges and members of the Bar
to contribute to the newsletter. (Design template)
z Introduction of reward/merit mechanisms (e.g. most punctual judge, most resourceful
counsel of the year, and so on)
z The NBA should device means by which Bar-bench Relationship should be enhanced from
their side (Design of self appraisal forms to be filled by counsel to gauge their observance
of the RPC)
z The Judiciary should also device means by which benchers will better the Bar-bench
relationship (device self appraisal forms to be filled by judges to gauge their observance of
judicial ethics)
z At the bar-bench Forum, the two surveys should be merged, action plans drawn from them
and executed.
z The NBA should translate into Hausa the Rules of professional Conduct in the legal
profession for the some Sharia Court judges who might need a Hausa version. (Kawu
Bala’s efforts)
z Whether there is a need to integrate the media into some activities? (Washigton BBPC)
z Introduction of some non-professional activities like excursions and football matches (Bar v.
Bench)
Individual Level
Each and every member of the bar and the bench should:
z Redefine his principles regarding the Rule of Law and resolve to strive to
actualize a better Bar-Bench relationship
z Observe the conduct and etiquette, either at the bar or bench
z Self appraisal of compliance with the Rules of Professional ethics or Judicial
ethics
z Adapting to conformity to standards, should one find himself short of standard
after appraisal
z Sharia court judges to engage in more research into Islamic legal currents,
Nigerian Law and professional ethics
z Lawyers should research further into Islamic law in order to appreciate its
principles its principles, practice and procedure
z Lawyers should also raise their level of respect for Sharia Court judges
z Members of the legal profession generally should cultivate a sense of belief in
the profession.
Conclusion
z BBR is always cordial, except on few issues
z Bar-bench Forum should trigger change-agents at both individual and
institutional levels
z The NBA and the JSC should take up change agents in their
respective fields
z Each individual should abide by the change agents within his area (be
it the bar or the bench)
z Survey of self appraisals, experience, complaints etc to be used in
determining issues for discussions at the Bar-Bench Forum
z Each action taken up by the forum should be supported by an action
plan and timeline.
References
z Ambali, M.A. The Practice of Muslim Family Law in Nigeria, Tamaza Publishing Company, Zaria,
(2003) p.21
z Bwala, B.U. Area Courts: The Law, Civil and Criminal Procedures. Midland Press, Jos, (1998) PP.83-
130
z Lord Denning, The Due Process of Law. Butterworths, London, (1980) Pp. 1-66
z Lord Denning, The Discipline of Law. Butterworths, London, (1979)
z Brochure for the Annual General/Delegates’ Conference of the Nigerian Bar Association. 22nd-27th
August, 2004. Pp. 25-28 (Report sheet of Chief Wole Olanipekun, the then President of the NBA)
z Barkindo, I. The Role of Lawyers and Cross-Examination of Witnesses under Islamic Law. An un-
published paper delivered at the 9th Annual Judges’ Forum’s Conference organized by the Center for
Islamic Legal Studies, A.B.U. Zaria at Kongo Conference Hotel, Zaria, 224th-26th October, 2007
z The Legal Practitioners Act
z Rules of Professional Conduct in the legal profession
z 2007 Michigan Appellate Bench-Bar Conference Summary Report (downloaded in pdf format from the
internet)
z The Indian Contempt of Court Act, 1971
z Code of Conduct of the Bar of the Hong-Kong Special Administrative Region (effective from May,
1998)