The NBA does not have
control over everything every lawyer do. Standard of ethics has dropped
in the profession and that is why most lawyers use delay tactics to
deprive others of justice. Nevertheless, if the rules of the court allow
awards of substantial cost to sanction glib applications as is done in
the United Kingdom or other countries, it would help.
In the UK, the
judge will look at a case at the preliminary stage and award cost
against the plaintiff if the case lacks merit. At times, people have to
mortgage their houses to pay.
If we have that type of system in the
country, it will make people think hard before going to Court.
Here,
somebody goes to a court and alleged that he has been defamed. Next, he
is claiming N5billon.
The court needs to award a substantial amount of
money against such person for bringing ill-advised action knowing full
well that he was not defamed and cannot prove it. Subsequently, people
will think twice before going to court because of the consequences.
However, on the flipside, the argument is that such policy will prevent
less privileged people from attaining justice.
More so, we do not have a
good legal aid system in the country and ordinary citizens will be shut
out of justice.