Prince Ekene Nwanjoku
Since assuming office on May 29, 2023, Governor Peter Ndubuisi Mbah has made significant strides across all sectors, embodying his disruptive innovation mantra. Many of these achievements are both known and felt, while others, though impactful, remain less recognized. One such sector is the justice system. Without a robust legal framework, businesses struggle to thrive, and investors lack the necessary confidence to invest. This shortfall could obstruct the state’s ambitious goal of increasing its GDP from $4.4 billion to $30 billion. Therefore, the Governor’s substantial accomplishments in the justice sector are laying the groundwork for sustainable growth.
Governor Mbah’s administration has been a catalyst for transformation in Enugu State’s justice sector, particularly following his appointment of Dr. Kingsley Tochi Udeh as the Honourable Attorney General and Commissioner for Justice. Over the past year, his government has facilitated and presented more than 18 groundbreaking bills to the House of Assembly, with 15 already passed into law. This proactive legislative agenda highlights the governor’s dedication to enhancing legal frameworks and promoting good governance within the state. The adoption of these bills marks a significant milestone, ensuring that Enugu State’s legal and administrative structures are strong, responsive, and aligned with contemporary needs. Additional executive bills aimed at reform and development are currently in progress. Notable new laws include:
• The Enugu State Electricity Law, 2023
• The Enugu State Geographic Information Systems Service Law, 2024
• The New Enugu City Management Agency Law, 2024
• The State University of Medical and Applied Sciences Teaching Hospital Igbo-Eno Law, 2024
• The Enugu State Properties Protection Law, 2024
• The Public Ranch Management Agency Law, 2024
• The Enugu State Environmental and Climate Protection Law, 2024
• The Enugu State Sports Development Fund Law, 2024
• The Neighbourhood Association and Watch Group Law, 2024
• The Enugu State College of Nursing Sciences Parklane and Awgu Bill, 2024, among others.
In addition to these new laws, five forward-looking executive orders have been issued, providing necessary legal support for various government policies and initiatives. Through these executive orders, Governor Mbah has demonstrated an adept understanding of governance nuances and the significance of swift, decisive action in tackling the state’s developmental challenges. These orders have laid the foundation for key initiatives, enabling the government to respond rapidly to emerging issues and ensuring the smooth operation of the state’s machinery.
The Governor has aggressively pursued business, investment, and developmental partnerships, resulting in the swift drafting of transaction documentation and the closing of numerous deals in record time. Consequently, this administration has signed and is implementing hundreds of agreements and memorandums of understanding aimed at the development of all sectors and sections of the state. It is no wonder that activity is rampant throughout Enugu, both in urban and rural areas. Many have remarked that the state resembles a construction site, with much more in progress. The legal frameworks and transaction instruments established by Governor Mbah’s administration are intentionally crafted to meet international standards, ensuring fairness and protection for all parties involved.
The reactivation of the Citizen’s Rights and Mediation Center (CRMC) forums in all 17 Local Government Areas of Enugu State stands out as a commendable achievement centered on the people. These centers play a vital role in alternative dispute resolution, providing a platform for resolving conflicts amicably without resorting to protracted court cases. This is particularly crucial for the rural populace, who would otherwise lack remedy if costly litigation were the only available option. By revitalizing these centers, the Governor has eased the burden on the judicial system and fostered a culture of peace and dialogue among residents. The CRMC Forums/Centers now serve as essential hubs for community engagement, where disputes are resolved swiftly and fairly, promoting social harmony.
The digitalization, digitization, and automation of the justice sector have been prioritized to modernize the state’s judicial processes. This initiative aims to enhance efficiency, reduce case backlogs, and improve overall access to justice. By leveraging technology, the administration is streamlining various judicial processes, making it easier for citizens to access legal services and information. The automation of the judiciary ensures that cases are processed more quickly, records are maintained accurately, and judicial operations are conducted efficiently. This technological transformation is a testament to Governor Mbah’s vision of a modern, efficient, and transparent judicial system.
In line with his manifesto, the Governor has laid the groundwork for the creation of specialized courts, ensuring unimpeded access to justice for all. These courts will be presided over by experts in their respective fields to optimize the quality of issue determination, the speed of case resolution, and the wholesomeness of outcomes. Some of these specialized courts include:
• Small Claims Court (fully operational) for the quick resolution of cases involving claims of One Million Naira or less.
• Commercial Court (to handle commercial, contract, revenue, and fast-track matters)
• Probate and Family Court (dealing with probate, matrimonial causes, and family matters)
• Criminal Court (responsible for criminal cases involving sentences of over 14 years, including life and death sentences)
• Lands (or Real Estate) Court (to address land matters)
The administration is also advancing law reporting and publication, continuously compiling judgments from the High Court. This initiative is crucial for maintaining a comprehensive and up-to-date repository of legal precedents from trial courts, serving as a valuable resource for legal practitioners, scholars, and the judiciary. The systematic compilation and reporting of High Court judgments enhance the consistency and predictability of court decisions, thereby strengthening the rule of law. This forward-looking approach ensures that legal professionals have access to accurate and timely legal authorities, which are essential for effective legal practice.
Training programs for legal officers on law reporting and legal drafting have been another cornerstone of Governor Mbah’s justice sector reforms. These programs are designed to enhance the skills and competencies of legal officers, ensuring they are well-equipped to navigate the complexities of modern legal practice and meet the demands of the current innovative administration. By investing in the continuous professional development of legal officers, the administration is building a more capable and efficient legal workforce. This initiative improves the quality of legal services provided to the public and fosters a culture of excellence and professionalism within the Ministry of Justice.
In collaboration with the Enugu State Multi-Door Courthouse, Governor Mbah sponsored a training program on mediation skills for legal officers. This training equips them with the skills and techniques necessary for effective mediation, a critical component of alternative dispute resolution. Notably, with the concurrence of partners and contractors, most agreements and transaction documents executed by this administration include mediation as their dispute resolution option. By promoting mediation, the administration offers a viable alternative to litigation, which can be time-consuming and costly. Mediation provides a more amicable and efficient means of resolving disputes, thereby reducing the caseload of the courts and fostering a more harmonious society. This initiative underscores the administration’s commitment to innovative and practical solutions to business and social problems.
The establishment of a virtual hearing center at the Ministry of Justice, alongside enhanced virtual hearing capabilities of the High Court, marks a groundbreaking achievement. This center facilitates remote court hearings, allowing legal proceedings to continue uninterrupted despite physical or logistical constraints. The virtual hearing center is particularly significant given the recent experience of the COVID-19 pandemic, which necessitated the adoption of remote working arrangements. By embracing digital transformation, Governor Mbah’s administration has ensured that the wheels of justice keep turning, even in challenging circumstances. This innovation enhances access to justice and sets the pace for a present and future-oriented justice system.
In line with its commitment to support witnesses in legal proceedings, particularly in criminal prosecutions, the administration established a Witness Support Unit at the Ministry of Justice. This unit provides essential support services to witnesses, including counseling, protection, and logistical assistance. By addressing the needs and concerns of witnesses, the administration ensures they can participate fully and confidently in legal proceedings. The establishment of this unit reflects the administration’s recognition of the critical role that witnesses play in the justice system and its commitment to safeguarding their welfare and rights, thereby enhancing the administration of criminal justice, which has a multiplier effect on the security of lives and property.
A holistic revision of Enugu State’s laws is currently underway, marking the first such effort in over 20 years. This revision aims to ensure that the legal framework is current, coherent, and responsive to contemporary needs. The comprehensive process involves examining existing laws, identifying areas for improvement, proposing necessary amendments, consolidating laws and their amendments scattered across various legislations, harmonizing conflicting provisions, and compiling the laws into a cohesive compendium. Through this ambitious project, Governor Mbah’s administration is laying the groundwork for a more effective and efficient legal system. This initiative aligns the Laws of Enugu State with best practices, equipping them to address the evolving needs of society.
The successful prosecution of both civil and criminal cases has been a notable achievement of the administration. Securing favorable judgments and decisions for the government not only reinforces the rule of law but also contributes to the state’s developmental trajectory and security efforts. Many of these successes have been realized through alternative dispute resolution (ADR) and consent judgments, which are less adversarial and more collaborative. This approach expedites dispute resolution while maintaining strong working relationships with investors and other stakeholders. The administration’s success in this area underscores its commitment to justice and fairness.
Indeed, one year under Governor Peter Ndubuisi Mbah’s leadership has brought significant advancements to Enugu State’s justice sector. Through legislative initiatives, capacity building, and the establishment of critical support systems, the administration has laid a robust foundation for a more efficient and responsive justice system. The governor’s commitment to improving law and justice, while promoting good governance, demonstrates his dedication to fulfilling the promise of making Enugu State great in all tangible aspects. The legacy of this transformative year is expected to resonate for years to come, shaping Enugu State into a just, equitable, and inclusively prosperous society.
Ndi Enugu,
Tomorrow is Here!
