June 9, 2023

Lawyer Writes Grand Khadi of Bauchi State Seeking the Centralisation of Lower and Upper Shari’a Court Process Filings at the Registry of Shari’a Court of Appeal

Adam Tanko Jubril

Bauchi based lawyer, Adam Tanko Jibril has written an open letter to the Grand Khadi of Bauchi State urging him to centralise the filing of proceses of the Lower and Upper Shari’a Courts to the registry of the Shari’a Court of Appeal.

This, Mr Jubril wrote, will curb negative occurrences such as forum shopping, excessive concentration of cases in particular court, high likelihood of inappropriate familiarity of counsel and litigants with Khadis, among other discernable occurrences. He stated that his demand for the Grand Khadi’s intervention has become pertinent in the interest of justice to all.

The letter is reproduced below:

20th December, 2022

The Honourable Grand Khadi
Bauchi State Shari’a Court of Appeal,
Shari’a Court of Appeal Complex Bauchi,
Bauchi State.

Sir,

AN OPEN LETTER TO THE HONOURABLE GRAND KHADI ON THE NEED TO CENTRALIZE THE FILING OF THE INITIATING PROCESSE(S) OF THE LOWER AND UPPER SHARI’A COURTS WITHIN BAUCHI METROPOLIS IN A CENTRAL REGISTRY AT SHARI’A COURT OF APPEAL.

I, Adam Tanko Jibril, Esq. a Citizen of Bauchi State, an Associate in Al- Baseer & Associates Law Firm and a Legal Practitioner engaged in private practice within and outside Bauchi Jurisdiction deem it necessary to write this correspondence to you with a deep sense of patriotism for your quick intervention.

As a legal practitioner based in Bauchi, I have observed with dismay the reckless nature by which litigants and lawyers alike abuse the system of filing cases directly at the Court Registry of Lower and Upper Shari’a Courts in Bauchi State. It will interest you to know that the practice of filing cases directly in the registry of our courts have open windows for forum shopping and over concentration of cases and appeals in particular courts which tend to over work the judges manning those courts thereby causing unnecessary delay in the dispensation of justice.

Apart from over concentration of cases in particular courts, the system gives room for easy collusion with judges by giving the litigants the opportunity to choose where to file their cases and in some instances cases are discussed with judges before they are being file in their respective courts.

Based on the foregoing, it became imperative to respectfully write this open letter to you sir as the Head of the Shari’a Court of Appeal in Bauchi State for your quick intervention as regard to the above caption for the need to have proper and accurate account of cases being filed day in day out in our various courts to enable the management under your able leadership to have an accurate mechanism of control over filing of initiating processes in both the Lower and Upper shari’a courts within metropolis.

By centralizing the filing process, the Court will be able to ensure even and fair distribution of cases to all the courts in Bauchi metropolis with particular emphasis to bringing justice closer to the people. Furthermore, as part of the benefits to be derived from the adoption of central registry for filing or centralization of the filing process, it will enhance the accountability process and ease return of cases reports to the management.

Your Lordship, the Shari’a Courts being the symbol of fairness, equity and justice must be seen to be just in all ramifications as litigants are dragged daily from one corner of the city to the other, for example, someone who lives in Bayara will be dragged to Doya Shari’a Court over a matter the subject of which is situate at Bayara, this will surely come to an end if the system of central registry is adopted as it seems to be perfectly working in the High Court of Justice Bauchi.

As a courtroom legal practitioner who is familiar with the manner litigants and lawyers alike are instituting actions day in day out at particular courts, it leaves me in serious doubt as to the reasons for having more judges when a particular judge will be treating or attending to 30 or 40 cases per day in his cause list while his brother judge within the same premises will be having six or ten cases in his cause list a day. This will only delay justice and cause unnecessary lack of effectiveness as judges themselves are humans. I am quite certain that with the adoption of the system of central registry in the Shari’a Court of Appeal, the indiscriminate filing of cases in particular courts will drastically reduce if not abolished so that cases are assigned evenly as they are filed.

Conclusively, Sir, I sincerely hope that you will pay utmost heed to my humble suggestion made in the overriding interest of justice devoid of malicious intent and I am quite optimistic that as the Head of a just system, you will do your best within the shortest possible time.

Thanks and remain blessed, with warm regard from a patriotic citizen.


Adam Tanko Jibril, Esq.
Associate/Consultant
07039854441-08023695325.
adamtankojibril@nigerianbar.ng

CC

The Honourable Chief Judge
High Court of Justice Bauchi,
Bauchi State.

The Honourable Commissioner of Justice/Attorney General,
Ministry of Justice Bauchi
Bauchi State.

The Secretary,
Judicial Service Commission Bauchi
Bauchi State.

The Chairman,
Nigerian Bar Association Bauchi
Bauchi State.

Sir,

Above is for your information and necessary intervention, please.
Thanks and remain blessed, with warm regard from a patriotic citizen.

Adam Tanko Jibril, Esq.
Associate/Consultant
07039854441-08023695325.
adamtankojibril@nigerianbar.ng


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