We Are All Litigants: A Review Of The Bench, The Bar, The Litigants By Ebi Robert

 

Name of Book: The Bench, The Bar, The Litigants

Author: Egba Diekime Wulutomsini

Number of Pages: 79

Genre: Legal Literature

Publisher: Mind-Quest

Year of Publication: 2021

Reviewer:  Ebi Robert

INTRODUCTION:

The Law is primarily made to regulate conducts and ensure order. This function of the law is not important to just one individual as against the other, it is important to all, including the bar and the bench. Laws all over the world spell out certain rights peculiar to specific societies, and also lay down procedures through with they can be enforced. Universally, the courts were established to address complaints on the breach of one or more of the rights which are protected by the law. However, time has proven that the average man in the society (particularly in Nigeria) does not believe that justice can be served on the byways of the court. This is simply because the fundamental ethics and standards upon which the legal profession was built seem to have fallen short of the imaginary benchmark. Additively, this pandemic ravaging the development of the law is not only affecting the bar and the bench, it sweeps across the arena of litigants which category, interestingly members of the bar and the bench belongs. This and many more has Her Worship, Egba Diekime Wulutomsini done justice to in the book, “The Bench, The Bar, The Litigants”. This brief review looks at the book at a glance, and uses WE ARE ALL LITIGANTS as the linking clause to give an overview of the legal literature. The reviewer at the end holds that the book under review is a MUST READ for all.

THE BOOK AT A GLANCE:

The book, “The Bench, The Bar, The Litigants”, is a 79 pages book written by Her Worship, Egba Diekime Wulutomsini, a Magistrate of the lower bench in the Bayelsa State Judiciary. The pages of the book are cream made, well bonded, and with a strong cover, divided into five simple chapters. The theme font is relatively bold, and with a theme font size of 14. It is a book which can be consumed in an expected non-stop two hours read, holding a cup of coffee. At a glance, the book is a short-note written in simple English language and portable for travel anywhere, anytime.

WE ARE ALL LITIGANTS:

The litigants are the people whom the law is established to protest. These people include both the Bench and the Bar – anybody who has a right to seek redress once redress is resorted to in court, becomes a litigant. -- Egba Diekime Wulutomsini.

The above quote introduces chapter four of the book under review. It strengthens the position that everyone is a prospective litigant, therefore, where relevant stakeholders in the development of the law fail to play their respective roles the way they ought to, it exposes the court to the virus which will eat up the justice delivery system and leave everyone with the devastating effect of the already striving menace. The writer in Chapter One briefly speaks on what the law stands for, and then tries to answer three basic questions of: how does the need to develop the law arise?; Who makes the cry?; and to whom should the cry be made?

In attempting to answer these burning questions, three factors were marked the key factors for the development of the law, videlicet: the bench, the bar, and the litigants. Chapter two which deals with THE BENCH considers the role of the Bench, and why a member of the bench must be disciplined and adheres to the dictates of professionalism in the discharge of his or her duties. In doing justice to the chapter, the writer looks at the conduct of the bench in the face of the court, particularly, as it deals with arraignment, trial, and judgment. She further looks at the conduct of the bench outside the face of the court, wherein she considers items like: life generally, place of worship, private life, and politics. Finally, in the chapter she touches on the duty of the state as well as the duty of the National Judicial Council/Judicial Service Commission. Similarly in Chapter Three titled, “THE BAR” she x-rays who the lawyer is; his or her role, and why the lawyer is to compote himself or herself professionally. She then looks at the conduct of the bar in the face of the court (in arraignment, trial, and judgment); the conduct of the bar outside the face of the court (in life generally, religious and socio-political association/public life, private life); the duty of the state; the duty of the Nigerian Police Force, and the Nigerian Bar Association.

In discussing Chapter Four which is THE LITIGANTS, she provides certain guides that will help the litigants get justice without losing trust in the judiciary. Indeed we all are litigants because whether of the bar or the bench, the court room is open for all to seek redress and get access to justice. Further, the chapter clarifies the wrong impression about the legal profession and preferred a guide for litigants to enable them know how to explore the option the law has provided. Some of the issues looked at are: Where there is a wrong and the right of litigants (includes the fundamental human rights of litigants, as well as the right to justice); the best time to resort to the law; when to be silent; when to speak; statute of limitations; certain limitations; condition Precedents Diligence in Prosecution; need to prove one’s case; when finance become an impediment; and the Need to tell your lawyer and the court the truth.

CONCLUSION

The book is one that is very important for everyone. It is not just a piece for the bar and the bench, but it is a piece for the general public. It once again reminds lawyers of the bar and the bench at large of their solemn oath, and also opens the eyes of the general public, that is to say, the litigants, on measures to take to enjoy the fruits of justice. Also, it guides litigants on how to relate with lawyers, and the bench as well.

As a reviewer of this piece, I say, the book “The Bench, The Bar, The Litigants” is A MUST READ.

SEVEN Powerful quotes from the book:

·         Litigants often spoil their cases before resorting to the law, and when their cases fail, they call it a clear case and blame the law.

·         A judge and a magistrate is in the same position as a father in the family tree, the norm is globally accepted that the father is the head of the family.

·         Every Judgment should EDUCATE REPRIMAND and RESTORE. A judgment should never CONDEMN. The courts are not constituted to do vengeance, as vengeance is God’s.

·         The lawyer is the most important factor in preservation of the integrity of the law, as the lawyer is the connecting cord between the bench and the litigants.

·         A bar man should always bear at heart that he (I also mean she) is like an oracle which the people resort to when they have problems. Oracles are revered, hallowed and most times even feared.

·         Silence is not only the best answer, silence is the best protection. Silence is also the best security, and the best means to command respect.

·         Obedience is usually done without efforts, but the consequence of disobedience is faced with so much effort both psychologically, physically, and emotionally.