EXPLORING THE INTRICATE RELATIONSHIP BETWEEN THE BAR AND THE BENCH

The Ikeja Branch of the NBA at its recent Law Week event organized a Bar/Bench Session attempting to explore and improve on the relationship between the Bar and the Bench.

I am motivated by NBA Ikeja's event and in this short piece; attempt to draw our attention to some of the dynamics that influence this relationship.

1. Appointment to the Bench
In most States (probably all) appointments to the lower Bench is done without the input of the NBA. This simply means that Lawyers are not aware of and are not allowed to comment on the suitability or otherwise of their colleagues who seek appointments to the lower court.

For appointments or elevation to the higher Bench (as at 2020), only shortlisted candidates were made known to the NBA Branch Chairmen vide a letter tagged ' confidential ' so most branch chairmen do not share the information with their members.

The situation has changed for the higher Bench with NJC publishing the names of shortlisted candidates to the general public.

However, the appointment process creates a dysfunctional relationship between the Bar and the Bench in the sense that the Bar doesn't have an input in who goes into the Bench and the Bench believes it owes it's allegiance to those who pushed for their appointments..... Which brings me to ask: Are Judges civil servants or public servants or both or neither.

2.FIT AND PROPER
Before we are called to Bar, we have to be interviewed by 3 members of the Body of Benchers ... I doubt if any applicant to the Bar has ever been rejected

3. Disciplinary Mechanisms
Both the Bench and the Bar obviously have weak disciplinary Mechanisms. Again how these committees are set up and how they are appointed leaves much to be desired.

4. Corruption
The Bar and the Bench points fingers at each other on this but I ask: Who amongst these two sets the corruption ball rolling? Who corrupts who?

I have my opinion on this especially after over 10 years of FIACIJ's intervention and I will give you a hint.... We are ignoring the role the Registrars and all other judicial staff play in negatively affecting the relationship between the Bar and the Bench and how they amplify the corruption within the system.

I will however remark that it is the Bar that can stop corrupt practices while the Bench can refuse to be corrupted

5. Ethics
Training in Ethics should commence from our facilities of Law.

I will strongly advocate for an ethics training course that will run from 2nd to the final year class and such courses should be delivered by chairmen of NBA branches and Chief Judges (Court of Appeal and Supreme Court justice to deliver the ethics course at law school)

Conclusion
It is clear that the Bar is a calling, a chosen profession while the Bench is a specialization with a fixed tenure. A lawyer only holds title on the Bench till retirement but will always be a lawyer for life except he or she is disbarred.

If we want to improve this relationship, all judges should be allowed to come back to the Bar with full privileges then we will see some substantive positive changes in attitudes and behaviors .

Bayo Akinlade is a former chairman, NBA Ikorodu Branch, the founder and Convener of DSN, FIACIJ, CSLC and the NBA Ikorodu Branch Bar/ Bench Relations Committee