IT is with profound humility that I welcome this opportunity to address this august gathering of our noble association. I am deeply grateful for the invitation extended to me to speak at this conference notwithstanding the strong expression by some of our colleagues of their displeasure at my acceptance to serve as Attorney-General of the Federation and Minister of Justice. This invitation is an indication of the large heartedness and camaraderie for which our profession is well-known. Lawyers everywhere are reputed for the ability to disagree hotly and argue fiercely over an issue only to come together for dinner shortly thereafter.

Permit me therefore, dear colleagues, to say that I have not come here to offer any explanation in self-defence. Neither have I come to join issues will anyone. This forum is too important and this opportunity too golden to use for discussing issues that may divide our noble profession. I have come only to extend my hands of fellowship to all our colleagues and to plead that we come together in order to build a more united front and a stronger and virile legal profession, a profession that is in a better position to create more opportunities for our members a profession that is capable of waging war on the scourge of poverty which is fast creeping into places hitherto thought impenetrable including our noble profession, a strong profession that is imbued with capacity to meet the ever-growing needs not only of our country but also of the entire Africa, a dynamic and energised profession that would take its rightful position as the most powerful and the largest bar in Africa. Although many may not be aware, my office, in close collaboration with the entire profession possesses greet capacity to trigger the needed reform not only in the profession but also in the entire justice sector. We must, therefore, not squander this opportunity on squabbles, which would not in any way dignify our profession. Let us bury our differences and approach the future together with a strong determination that can turn our present challenges into opportunities.

Strategic Direction

I will therefore devote the remaining part of this brief address to our plan and strategic direction for the Federal Ministry of Justice with a view to encouraging many of our members with good ideas to please come on board to help us. There are, at present, only about 250 lawyers in the Federal Ministry of Justice. Of these, nearly about 200 are posted to other ministries and zonal offices while only about 50 are actually engaged in the main ministry. What this means is that the lawyers are often so preoccupied with the daily work of the ministry that there is little time for engaging with the deeper issues of law reform. Although the plan has reached and advanced stage to recruit more than one hundred lawyers, there is no doubt that we would have to continue to partner with private practitioners whose experience and expertise will definitely enrich the work of the ministry.

Accordingly, I have recently constituted committees to supplement the existing ones that were appointed by my predecessor in order to advance the ongoing reform of the justice sector. Most of these committees are made up of private legal practitioners, academicians and civil society organisations. These are mandated to help think through the ideas being proposed for the improvement of several of our laws and procedure. The committee include:

• National Committee on the Reform of the Law of Evidence under the Chairmanship of Hon. Justice Belgore, Justice of the Supreme Court;
• National Committee on the Reform of Discriminatory Laws against Women with Mrs. Titi Oseni, Speaker of the Ogun State House of Assembly as chairperson;
• National Committee on the Reform of Arbitration and other ADR Mechanisms under the chairmanship of Dr. Olakunle Orojo;

These committees are in addition to the following which will soon be constituted and in inaugurated:

• National Committee on the Reform of Investment Laws
• National Committee on International Treaties and Conventions

These new committees are in addition to the ones, which I inherited from my predecessor and whose work has reached advance stages.

These include:

• The National Working Group on the Reform of Criminal Justice Administration. This Committee, headed by Mr. Chinonye Obiagwu has already completed work on the draft of a modern criminal procedure law to be known as Administration of Criminal Justice Act. This is aimed at introducing as uniform criminal procedure system in the country in place of both the Criminal Procedure Act and the Criminal Procedure Code.
• The National Working Group on the Reform of Legal Aid. This committee is headed by Chief Chimezie Ikeazor (SAN), one of the founding fathers of legal aid in Nigeria. It has already prepared a draft Legal Aid Council Reform Bill. When that Bill becomes operational, new job opportunities would be created for well over 500 lawyers who would be employed full time to provide legal services to indigent persons. One of the innovations in the Bill is to establish a separate Legal Services Fund which would attract yearly appropriation not only from the Federal Government but also from the states as well as well to do individuals. These are several innovative proposals in the Bill, which would definitely transform the delivery of legal aid services in the country.

I should also mention that I have since my appointment engaged the relevant committees in the National Assembly in discussions aimed at ensuring the timely passage of the laws of the Federation 2004.

Furthermore, soon after this conference, I plan to constitute for the first time in many years the General Council of the Bar. You are all aware of the important function that this body is saddled with under the Legal Practitioners Act. The Attorney General is statutorily mandated to set up this Council. But for some reasons the profession has long been deprived of the contribution of that powerful body. I intend to reverse that unhealthy situation. I have also been able to secure land from the Ministry of the Federal Capital Territory for the NBA to build a befitting secretariat in Abuja.

I am aware of the concerns about the limitations in our criminal justice system. Specifically, the state of our prisons and the plight of its remand inmates has long been subject of nation discuss. A situation where 25,000 of the more than 40,000 prison inmates of our 227 prisons are awaiting trials cannot be acceptable. This is more disconcerting when it is realised that many of these inmates have spent upwards of 10 years in prison without trial. I am firmly convinced that the Federal Government of Nigeria needs to respond and respond urgently. As a first step, I will by Friday this week convene an Interministerial Consultative Meeting on Awaiting Trial Inmates. This consultative meeting will bring together all ministries and agencies of the criminal justice system with a view to preparing a memorandum for action to the Federal Executive Council. In addition, I am proposing the setting up of a public interest litigation fund to provide support for lawyers who will provide legal representation to indigent persons.

Recent events such as the Apo Killing incident gives serious concern about the tendency of some law enforcement agencies to violate human rights with impunity. This must be redressed. My office will shortly commence an on the spot inspection of police cells and other detention centre across the country in order to ascertain the state and condition of detainees.

I should also say that a key port of my criminal justice reform vision relates to the issue of victims of crime. I believe that our criminal justice system needs to respond to the criticism that our justice system is too preoccupied with the offender to the detriment of the victim. In the next couple of weeks I intend to present for public consultation a draft Victims Rights Bill. We need to give victims of crime a voice in our criminal justice system.

The issue of delay in civil proceedings is also begging for attention. I have been challenged by His Excellency, Chief Olusegun Obasanjo GCFR to find a sustainable and practical solution to these problems. To this end I am presently working on the modalities for the establishment of a working group; to harmonise the civil procedure rules into one uniform rule for the whole country. I also intend to create fast track court system particularly for commercial cases.

I will strive to ensure that the legal profession plays a mere visible role in the implementation of the National Economic Empowerment and Development Strategy NEEDS and in the actualisation of the Millennium Development Goals MDGs as well as the New Partnership for African Development NEPAD.

There is no gainsaying the fact by this appointment, both Mr. President and Nigerians as a whole expect an improved legal system. They also expect a different approach to the implementation of reform in the justice sector. The expectations are great as regards our ability to make the Ministry of Justice more responsive to the needs of a reforming administration. Whilst I do not claim to have any magic wand with which to transform the legal system overnight, I do pledge to do my utmost in order to leave a worthy legacy for posterity. I would therefore leave no stone unturned in pursuing the mandate.

I therefore once again seize this opportunity to call upon all Nigerians within and beyond the legal profession to lend us a hand in our determined pursuit of greater access to justice and a more efficient administration of justice.

I challenge all lawyers to rise up and be counted not only as advocates of change or armchair critics, but also as courageous implementers of reform. Let us all be reminded that no society could ever develop without an efficient system of justice administration. We must therefore never fail to demonstrate that although we build no bridges and construct no roads, these and other physical infrastructure may be of no use if the society lacks good laws and other means of administering justice. When justice flows, investments come and the economy grows. A weak legal system breeds corruption, discourages investment and fosters poverty and social exclusion.

I seek the co-operation and support of all. I call on colleagues to come up with ideas that could assist these endeavours. There is no doubt that the task is herculean and the resources limited. Yet we are confident that with your support and the Almighty on our side, we will succeed and leave indelible footprints on the sands of time. We call on the civil society and international donor community and other development partners not to relent in their support for our activities.

In conclusion, let me express my gratitude and appreciation to you all. I thank you very sincerely for this opportunity and I pledge that in my new position, I will continue to work with the Bar Association and to uphold the best traditions of our noble profession. We must indee hand over to the future generation a profession more virile, better empowered and of course, better respected notwithstanding present difficulties and setbacks. In unity, we can and we will make our afuture better than our past.

I thank you all for your kind attention.

Chief Bayo Ojo, (SAN) Attorney-General of the Federation and Minister of Justice's address to the 2005 NBA Annual General Conference in Jos, Plateau State recently.