Funke Aboyade
22 October 2007
Lagos — The week long annual conference of the International Bar Association considered the most prestigious event on the international legal calendar, took place last week in Singapore. FUNKE ABOYADE who was there, highlights some aspects of the conference
With record breaking attendance of about 4,000 lawyers from over 120 countries, last week's 2007 conference of the International Bar Association was an outstanding success. Singapore, rich in diversity, culture and history and the convention city of choice in Asia, provided the perfect setting. Suntec Singapore International Convention and Exhibition Centre, venue of the conference, is one of the largest in the Asia-Pacific region with capacity sitting of 12,000. It was a win-win situation for the IBA, which prides itself as the global voice of the legal profession. The Association led by its President, Mr. Fernando Pombo, promised a week of learning and fun for delegates and they delivered.
Former Prime Minister Lee Kuan Yew, now Minister Mentor, gave the keynote address, for which he received a well deserved standing ovation.
The choice of Singapore as conference host was however not without controversy and prior to the conference opposition groups in Singapore and some human rights bodies had protested its venue, citing human rights violations and arbitrary detentions under Singapore's Internal Security Act. They also had a grouse with the ruling party's, People's Action Party, use of defamatory law suits against news media (mostly foreign, as the local media is strictly controlled) and opposition members to whip them into line. As huge sums in costs and damages are routinely awarded by Singapore's courts in such cases, the defendants often end up being declared bankrupt and therefore barred from participating in future elections. Political activity and certain freedoms are also severely curtailed.
This is most likely what led to Amnesty International and Reporters Without Borders ranking Singapore and Zimbabwe together on press freedoms and censorship, a charge which Lee dismissed during a question and answer session with delegates immediately after his speech.
'I don't measure myself by the yardsticks of Amnesty International, Freedomhouse or Reporters Without Borders. I measure myself by the governance of my people.' Lee retorted, pointing out that his government had succeeded against all odds in establishing a system whereby there was peace and stability, no easy feat in a multi-ethnic, multi-religious society like Singapore.
Lee was unapologetic. 'There's good health, good housing, good jobs, good education, good hospitals'
He pointed out there were no restrictions on internet access but that 'we do not allow certain subjects to become bones of contention. When we banned Salmon Rushdie's Satanic Verses in 1989 people thought we were draconian, but we saw no need to be involved in the Muslim/free speech controversy'.
'Why' he wondered 'should a cartoon in Denmark become our issue?'
Lee acknowledged that with the increasing challenges of globalisation, it was becoming more difficult to avoid these situations. 'I'm not saying we should retreat if threatened or faced with destruction (by extremists and terrorists), but live and let live; it's practical and responsible to do so.'
Governments, he declared, must be prepared 'to take unusual steps and procedures' for the good of the people.
This last, a piece of advice that the Yar'Adua government might want to heed in the worsening crisis currently engulfing the House of Representatives.
The opening ceremony was covered in detail in last week's THISDAY LAW (How Rule of law, Anti-Corruption Transformed Singapore - Lee Kuan Yew).
Rule of Law Commands Conference Attention
Perhaps mindful of the criticisms which attended its conference choice of Singapore, and in furtherance of its commitment in any event to the rule of law, the conference for the first time ever devoted an unprecedented one day to a rule of law symposium, building on the success of the one held at last year's conference in Chicago.
The IBA is committed to strengthening the rule of law worldwide and in 'helping our members formulate concrete plans for action in their respective countries'.
At its Council meeting at the 2005 annual conference in Prague, the Association had passed a resolution deploring the increasing erosion of the rule of law globally. Listing an independent and impartial Judiciary, the presumption of innocence, the right to fair hearing, a strong and independent legal profession, equality of all before the law, amongst others, it averred that the rule of law was the bedrock of any civilised society, adherence to which liberated and protected the individual. It also urged members to speak out in support of the rule of law in their respective communities.
The symposium was surprisingly very well attended, considering it took place on the last day of the conference when many delegates had already left for home and those remaining were suffering from conference fatigue.
Prior to last Friday's symposium, a showcase session had held Wednesday, titled, The importance of the Rule of Law to International Business. The session examined the relationship between the rule of law and economic development.
Singapore of course is a stellar example. Currently ranking first worldwide in terms of legal framework and with a stable and predictable legal environment, it continues to be a business, banking, shipping and aviation hub and port of first choice for international businesses and investors.
As pointed out by Mr. Lee during his keynote address, Singapore's sound financial and legal system as well as good governance stood it in good stead to withstand the 1997 Asian financial crisis which caused the collapse of the banking systems of several Asian tigers.
Fight Against Corruption Also Takes Centre Stage
One interesting showcase session was the one titled, The Many Faces of Corruption - Efforts, Challenges and Opportunities for the Future which was presented by the IBA's Human Rights Institute. Established in 1995 with South African and global icon, Nelson Mandela as honourary President, the Institute 'has become a leading force in setting government agendas in human rights and promoting respect for the rule of law worldwide'.
The session dealt extensively with different perspectives and cultural perceptions about corruption and whether there was a universal definition all could agree on in spite of cultural differences whereby the giving of bribe in some countries would only be seen as a gift. The United States has been frequently accused of attempting to export its own definition of the terms, 'unethical' and 'bad business'. US companies have however complained that this places them at a disadvantage with non-US companies who are not bound by anti-bribery laws such as the FCPA (Foreign Corrupt Practices Act).
It agreed there could well be a universal definition of corruption, a customary norm. Transparency International's Angela Keller-Herzog gave a broad definition of corruption as 'the abuse of power for private gain'. Her fellow panelists and the audience agreed with her.
The presentation on China was quite interesting what with the received wisdom being that 'China is drowning in corruption'. Reeling off statistics which show that only 3 out of 100 corrupt people are caught, it was clear to see why corruption in China is seen as a high return and low risk activity. On the corruption perception index it is ranked 70 out of 163 nations.
However, China is not just folding its arms and doing nothing about it. It has passed several legislations, including its anti-money laundering Act. Several high profile and high ranking individuals and government officials have been nabbed, including a Politbureau member for the first time, last September. Just last year also, a Vice Minister of a region was expelled from the ruling party after he was caught accepting bribes to the tune of $10m in respect of stadia construction for the forthcoming Beijing Olympics. The chairman of the state food and drugs agency was also found guilty of accepting bribes and overlooking wrongdoing and was subsequently hanged.
It would be recalled that China has recently received severe bashing and bad press especially from the United States resulting from product recalls by toy manufacturing giant, Mattel and other companies. Toothpaste made in China was also recently recalled in Panama. NAFDAC (National Food and drug Administration) Director-General, Dora Akunyuli also recently alerted Nigerians about toxic toothpaste from China which had flooded the market and which she moved swiftly to ban.
In China and Singapore, high ranking government officials recently committed suicide after allegations of bribe taking. Contrast with the Nigerian scenario where public officials with unexplained sources of wealth become heroes in their communities, feted and offered chieftaincy titles at every turn. The battle to eradicate corruption is currently suffering some setbacks, with the recent granting of injunctions by the nation's courts, effectively preventing the Economic and Financial Crimes Commission from further investigating allegations of corruption against some former Governors.
The US Watergate scandal in the 1970s as well as the Lockheed Martin scandal was also cited as an example of high level corruption.
Nigeria has consistently ranked low in global ratings on the corruption perception index, though it has inched up in recent times due to the efforts of agencies like EFCC and ICPC.
Corruption is therefore not limited to any one nation.
Further, modes of corruption have changed and are increasingly more sophisticated as bribes are no longer given 'in brown paper bags in cash'. Increasingly also, due to the sophistication evolved in bribe giving and taking, it is getting more difficult to prove it to tribunals. All these have presented challenges.
The EU accession and its impact on cushioning corruption in the 10 CEE countries from the fifth enlargement were also extensively discussed.
Judicial corruption of course took up a great length of time in discussions by delegates and panel. Undue influence from political powers and businesses, weak disciplinary mechanisms, low salaries, lack of transparency, allowing Judges to get away with unconscionable behaviour were all cited as acts of judicial corruption. Key safeguards and judicial accountability do not exist in many countries. A popular Kenyan saying, delegates learnt, is 'Why hire a lawyer when you can buy a Judge?'
It was agreed that judicial corruption rocks the foundation of any society. Minister Mentor Lee alluded to his government's recognition of this fact when he told delegates that in 1959 when his government took office as the first fully elected government, it moved swiftly to rid the country of corruption before it could become endemic.
Today, Singapore consistently ranks amongst the top five nations on the corruption perception index.
With corruption increasingly viewed worldwide as 'a plague, a poison' it is hoped that there will be increasingly less tolerance for such impropriety.
How Judicial Reform Can Transform Everything
Singapore Supreme Judge, Judith Prakash spoke on the success of Singapore's judicial reforms at a session titled, Can We Afford the Dispute Resolution Process. It was an eye opener for many delegates about what the political will to implement radical reform can achieve.
Prior to judicial reforms embarked on some six years ago by the immediate past Chief Justice of Singapore, Yong pung How, some cases she disclosed had been pending for more than 10 years, many took two to three years to dispose off on appeal.
By last year, the Singaporean Judiciary had achieved a success rate of 375 out of 377 cases, a 99% clearance rate by the Supreme Court.
The approach devised by Yong included appointing more and better qualified Judges, changing the rules of procedure with emphasis on Judges being more proactive, denying adjournments to lawyers, giving dates for moribund cases, higher filing fees, introduction of IT in filing court processes, clearance, disposal and trial date availability, monitoring clearance rates by Judges, setting targets for and providing trial dates within 8 weeks, setting targets for hearing interlocutory applications, e-filing which involved automatic deduction of fees from law firm's accounts, digital transcription services, etc.
Backlog of appeals accordingly reduced from 2000 in 1991 to 275 in 1995 to 75 a few years later.
To discourage adjournments and trials that drag on Singapore has a system whereby the first three days are free. If the case exceeds three days, from the fourth day fees shoot up, to $9,000 and after the 11th day to $3,000. The lawyer also pays the cost of any delay or omission.
'It stops long winded submissions!' Justice Prakash told delegates.
'Cases now move along in a fairly efficient way but we still keep looking for ways to tweak them along' she said.
So good are the results of the reforms that on a visit organised by the IBA to the country's subordinate courts last week, it was learnt that from the cry that justice delayed is justice denied, the new cry from lawyers is 'justice hurried is justice buried'! Trials are now routinely begun and concluded within two weeks, down from four years then two months.
Pleading guilty via the internet or through Automated Traffic Offence Machines have also been introduced to decongest the courts as well as allow for convenience for offenders who have to go to work and might not readily be available during regular court hours.
Video conferencing during court proceedings has also been introduced to reduce the need to produce prisoners, especially high risk ones or those charged with capital offences, in court. Perhaps this might be the way to go in Nigeria so that incidences of court adjournments in criminal trials due to lack of availability of the Black Maria will be eliminated.
97% of the populace we were told, have full confidence in the country's courts to deliver justice fairly. As do international investors who rated Singapore number 1 country to do business in.
NBA's Outing
The Nigerian Bar Association had a very good outing at the conference. For the first time, an African Bar Association had a stand at the conference. The stand recorded many visitors who were intrigued about NBA's ongoing re-branding.
The Section on Business Law of the NBA also received rave reviews after a presentation during one of the sessions by SBL Chairman, Mr. George Etomi.
Other News
The IBA launched a new Masters of Law degree, LL.M in International Professional Legal Practice. The degree will be awarded in collaboration with The College of Law of England and Wales and will be through the internet.
At a press conference at which IBA President, Fernando Pombo, IBA Director Mark Ellis and The College of Law's Director of Professional Development, Sarah Hutchinson were present, it was emphasised that programme would not be academic in nature at all. This in fact would be its unique selling point as it is geared completely towards the practice of law and will teach areas such as drafting documents and negotiation.
Major law firms have contributed to programme content and Pombo expressed the hope that it would become the standard for interactions in legal practice.
Two intakes in January and July of between 150 - 200 students will be admitted. Fees will be in the region of 9,000 Pounds Sterling/annum but a scholarship fund is in the offing to support students who require it.
As it's a flexible long distance programme, it is expected to be completed in a minimum of 18 months and a maximum of five years.
In another development, two Nigerian lawyers were awarded with the IBA Fellowship on successful completion of their diploma programme. They are Mr. Aminu Dikko of Dangote Industries and Mr. Ahmed Modibbo of NEXIM, Nigerian Export-Import Bank.
The conference came to an end last Friday.
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