The Citizens Advocacy for Social and Economic Rights has advised the House of Representatives to shelve the Bill seeking open coverage of court proceedings in the country.
Frank Tietie, the Executive Director of CASER, gave the advice in a letter dated January 27, to the Speaker of the House, Alhaji Yakubu Dogara.
The Bill titled: “A Bill for an Act to provide for media coverage of court proceedings and for other related matters’’, passed through second reading in the House on January 25.
Its sponsor, Daniel Reyneiju, said the proposed Bill would enhance the transparency, accountability and independence of the judiciary when signed into law.
But Tietie in the statement said the move was an attempt by lawmakers to take over the constitutional powers of the judiciary to make rules of procedure for proper dispensation of justice.
He cited section 46 of the constitution which grants power to the Chief Justice of the federation to make rules for the enforcement of fundamental rights in the country.
According to him, the National Assembly requires an amendment of the constitution to take over the function of rule making in fundamental rights enforcement in the country.
He warned that passing the proposed Bill into law without consideration of the existing powers of the judiciary, would amount to an exercise in futility.
Tietie maintained that the legislature would suffer “serious frustration by the Judiciary which guards its independence jealously, realising it as the bastion of justice’’.
He said: “The various courts in Nigeria have heads that are empowered by law to make rules of procedure for the proper dispensation of justice.
“This is clearly outside the purview of the legislature in accordance with the principle embedded in the legal maxim of delegatus non protest delagare.
“The House of Representatives may be misled into passing the bill in a constitutional matter which courts have already been empowered to make rules on.”
Tietie added that the House must avoid being unnecessarily hasty in the duplication of legislations whereas what was required was informed policy directions by an independent arm of government.
CASER started the advocacy for live media coverage of court proceedings in the country in February 2016.
It had written to the Chief Justice of the Federation twice, seeking approval for it.
CASER’s application featured on the agenda of the National Judicial Council meeting held in November 2016 in Abuja.
On November 11, 2016, the NJC informed CASER through a letter that it had considered the request but that appropriate technology was required to make it work in the country.
Tietie had earlier told the Speaker that the group had contacted broadcast technology service providers both within and outside the country to submit a broader proposal to the NJC.
According to him, there were already constitutional and statutory provisions that allowed live broadcast of court proceedings in the country.
Tiete said: “But such is at the discretion of the heads of courts through issuance of practice directions or at the discretion of any judge who wishes that the court proceedings be broadcast live.
“It is this wisdom that informed CASER to engage the Nigerian Judiciary much earlier in seeking the approval of live media broadcast of court proceedings in Nigeria.’’
Tietie stressed that the House of Representatives should therefore consider an engagement process with the Judiciary, the Nigerian CSO community and the media to realise the goal.
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