ABSTRACT
This research investigated provision and utilization of information resources and services for judges in High Court Libraries. A descriptive research design was used for the study. The area of the study was North-East Nigeria. The total population for this study was 131 respondents (78 judges and 53 library staff) in six high court libraries of three states in North-East. Seven research questions guided the study. Three instruments were used for data collection, namely: a structured questionnaire, an interview, and an observation checklist. A total number of 131 copies of each of the questionnaire and observation checklist were correctly filled and 125 returned. This number represented 95.4% of the number given out to the respondents used for this study. The instruments were validated by research experts in the field of library and information science. In analyzing the data gathered frequency table and mean score were used for the questionnaire and observation checklist, while the data from the interview were presented in prose narrative form. The findings revealed that “adequate information resources were provided for Judges”, “indexing and abstracting” lead in all the methods used for the provision of information resources in the types of services provided, “circulation services” ranked the highest in mean. While internet services was the lowest. It was also found out that the mode of access tools for utilization of information resources are: Dictionaries, catalogues, indexes and Bibliographies based on their hierarchical ranking. The study also found out that judges areas of information use are thus: “constitutional law”, “civil law”, “property law”, “labour law”, “criminal law” etc. The study found problems associated with provision and utilization of information resources as “lack of fund”, “outdated information resources”, “law journals and period”, “digest of government publication”, “lack of ICT knowledge” etc. The study recommended among others that there should be adequate fund provided for High Court Libraries. It also recommended adequate reference collection being provided by reference librarian to high court judges and that, up to date or current information resources should be provided for high court judges.
CHAPTER ONE
INTRODUCTION
Background of the Study
In contemporary democracies, judiciary systems occupy a central position among public institutions as autonomous and independent branches of the governments. The reason is that an effective judiciary system not only provides a safeguard for human rights, but also ensure other aspects of life in society that are crucial to the well-being of individuals and organizations, such as health, work, industrial relations, social security, family relations, civil rights, environmental rights, consumer rights, property rights, and the enforcement of laws. The centrality of a strong judiciary mechanism lies in its essential contribution to fostering harmonous living which promote economic stability and growth, and to enabling all manner of disputes to be resolved within a structured and orderly framework. Judges are trained persons in law whose activities are performed in a court, and also who have the authority to decide how criminals should be punished or to make legal decisions.
High court judges like any other legal worker, equally use information contained in books and other information resources to discharge their duties. This can be seen in their work especially in legal drafting, citing of cases, making decisions and citing authority to buttress a point of decision, more so, judges have been trained to be conscious of the legal implications of books to defend their actions. Koloso (2007) asserted that “A judge, who is not up-to date in his law can ruin a client’s case by giving him a wrong judgment which unless he has the means to appeal may perpetuate an injustice”. Judges are made to practically go cap in hand for proper and adequate information and in the process, the quality and impartiality of justice delivery is sometimes perceived not as compromise. However, the high court library beyond any reasonable
doubt is therefore the laboratory for the legal profession. A thorough grasp and understanding of law is indispensable to a judge or magistrate to be able to discharge his duties effectively, he must have access to a well-equipped and up-to-date law library. Makri (2008) agrees when he argues that the information work carried out by judges can be complex often involving finding and working with a wealth of legal information spans different times of documents (e.g. law reports /Legal cases, legislation, commentary articles, forms and precedents etc), a wide range of legal topic areas and a range of jurisdiction.
Information is an essential ingredient of court decision. There can be no meaningful or good judgment without information. This is why it is important for judges to be provided with adequate, current and up to date information before deciding on a case. Library exists to provide information to support aims and objectives of its parent organization. This is achieved by providing relevant information resources that can satisfy information needs of its present and potential users. Court library, as a resource is seen to provide for the intellectual and information needs of judges for effective dispensation of justice. Provision of information resources in high court can be defined as selecting, collecting, organizing, preserving, disseminating and interpreting library sources to meet the needs of judges in administration of justice.
The provision of information resources are meant for utilization. Information resources in high court libraries are provided for judges to use in dispensation of justice. Hence provision brings about utilization. Utilization in high court library means that all the activities involved in providing judges how to make the best possible use of library resources, services, and facilities including online audiovisual material etc. Utilization enable the judge to gain knowledge of the resources and services which the high court libraries offers for his or her benefit. Since the high court library occupies a sensitive position in the high court system and in view of the fact that its
responsibilities are enormous, it becomes very important therefore, that its resources and services should be maximally utilized.
Sokoya (2003) stresses that the availability of books is clearly central to library provision in courts and it is used as measure of library performance. The provisions of books have contributed greatly to the knowledge of library functions. Defining provision in terms of immediacy is useful as an indicator of library service. Since a perfect immediate provision rate is ideal, a situation in which all requests is immediately satisfied. Oketunji (2000) posits that the provision and use of information resources have grown to be both a political and social responsibility. It appears that this responsibility will continue to grow with increase in the production of information and the number of its users.
The information resources are the nerve centre of any library services, therefore effective management of the resources should be of more concern to the librarian. The librarian should be able to focus on the needs and pattern of needs, and use of library resources. He should acquire the right materials. He should establish the need and kind of sources for his readers, existing resources in the subject areas and what gaps needed to be filled. From the above, it could be said that information resources comprise law reports, statutes, standard legal texts, law journals and periodicals, decrees, acts, circulars, information files, code of practice, index to materials, legal database etc
In modern legal society, information is a vital instrument required for the day-to-day activities of judges in the legal profession, who need legal information to make vital and rational decisions that may directly involve human life, if retrieved legal information is accurate, then there is a high probability of making good decisions. If information is inaccurate, the ability to make correct decisions is diminished. Better information usually leads to better decisions.
Anaeme (2007) stresses that legal profession is a highly book reading profession, therefore information is an important asset to a judge. Malomo (2001) reiterates the importance of information to a judge when he argues that books are the tools of trade of the legal profession. Thus, of all the professions, law has the largest collection of books because a well-stocked reference law library is important to a judge in administration of justice a judge will always make a poor judgment if he does not refer to legal authorities, and a judgment will not be as rich without referring to previously decided cases as authorities. But utilizing the right legal information is viewed as the bedrock for judicial process success. Legal information is seen as a key element in delivering quality services to the population of any country. But utilizing the right legal information depends on the knowledge of librarians/information providers of the legal information needs of judges. Court libraries in all setting have traditionally served as the centre for legal research for members of the legal profession, a place where judges have always resorted to utilize legal information. The world of that information is becoming more diversed diffused and complex. The changes in the universe of legal knowledge and information are brought about by developments in the contextual environment of the law library.
Information plays a central role in adjudication of cases. In both developed and developing countries that have legal systems information has been recognized to play a pivotal role in positively influencing official decision about who is right in a disagreement between two groups or organizations. As a result, information has become a valuable resource just like energy and oil. Babu and Sachdeva (2006) states that information can be seen as data put in a meaningful form which is communicated to a recipient who uses it to make a decision. Information involves the communication and reception of intelligence or knowledge. It appraises and notices surprises, reduces uncertainties, reveals additional alternatives and stimulates them to
action. It is therefore vital that at any instance where decisions need to be made, accurate, timely and relevant information should be consulted to ensure that informed decisions are made (Capuno and Hjorland, 2003).
Zawislak (2009) argues that the quality of decisions relies on the quality of information available. Alemna and Scouby (2000) contend that as more aspects of society become subject to injustice and forms of discrimination, the more knowledge. Judges would require in order to take decisions in areas where they have little or no prior knowledge. Sam (2010) is also of the view that in many societies today, a library as a repository of information is expected to help judges to perform their legal function. He further notes that the concept of a library as a support unit in the acquisition, organization, storage, retrieval and dissemination of information in high court libraries is well known.
Fleming (2009) posits that, librarian and other information system should be made to serve actual needs as well as anticipation of its user. Fleming also states that, in order to render effective services to meet these actual needs, librarians must be technically trained. There is the need for libraries to have relevant information resources that can serve the needs of the parent institution in which the library is located. High court library, as an entity, has a bearing on organizational development. According to Fleming, the parent organization is expected to recognize the contribution of their library and support the library in their activities. The objective of any library is to maximize the exposure of the users to the resources. High court library should be organized in order to save the effort required by users to access the essential information materials as soon as possible whenever the need arises. What a reader wants at all levels and getting the materials needed from the shelves are the fundamental problems in developing high court libraries of any type, be it public, special or academic (Iroka, 2009). Regardless of users of
a particular library, the main focus of library services is the provision of information resources. Essential and adequate information resources for learning provide facts that form the basis for thinking. There is therefore, a need to know the amount, type and quality of information resources available in High Court Libraries. Libraries should be involved in the provision of audiovisual information resources in high court libraries, and they should be involved in the provision of the resources for the use of the clients.
To cater for the needs of the Judges, library service are absolutely essential to achieve provision of information resources. Service here is a product of data resulting from processing of data. This means that the products which are the information resources acquired by the library must be relevant as to be processed as useful information. If an information product is not relevant to the needs of the users certainly it will not be utilized. Therefore, court libraries must acquired resources which are relevant to the user community. There should be emphasis on access to relevant information in determining services. Therefore, access to essential information is regarded as the most important requirement for library services. However if users cannot access given information system the system cannot be useful to them.
Nwachukwu (2004) states that there should be continuous training of library personnel in the use of latest techniques in an ongoing manner. He notes that the library should offer services like abstracting, indexing, bibliographical, CAS, SDI translation, etc. User orientation service should be introduced. These services usually depend on the level of funding of the library, the information resources available in the library and quality of the library staff. The utilization of any service usually depends on choice or performance of the users through access tools. Abolagi (2009) defines provision as an act of making information resources accessible in the library. In
this case library resources and services in high court libraries should be available and efficient to high court judges.
Therefore, high court libraries must have or cultivate fertile ground to derive continuously the development of their information resources in order to improve on their services towards achieving and maintaining rule of law in the country for sustainable democracy. Understanding user needs is core to effective library service. High court libraries are established as repository of information resources available to judges. Judicial systems are knowledge intensive domains as, on the one hand, judges are required to apply a vast bulk of theoretical knowledge drawn from legal textbooks, statutes, and codes and, on the other hand, they also need to master the standards of practice at courts when dealing with daily case loads. The legal system in Nigeria requires a system of processing and dissemination of information to make it effective. The library plays an important role in the courts as it provides support services to the judges and other court officers. Both the judges and the court officers need stable flow of information as input into their activities. Thus, legal activity cannot be carried out successfully without the support of a well equipped and up to date library and information services. Library use is the goal of every library, without use the library cannot exist. Library use refers to the extent to which users make use of the resources of a library to decide on a case before them.
Abagai (2008) notes that the utilization of the library depend on availability of suitable material for judges. Mohammed (2007) also defines “use” as a method of analysis of the interaction between the client and the resources. It measures the adequacy of the resources and services of a library. The objective of the library is to maximize the exposure of the users to the resources. The identification of what is needed to the clienteles are in the major concerned of a librarian. To this end, the main objective of a library is to cover for the information requirement
of its users providing adequate and suitable information resources. Suitable and adequate information resources provide facts that form the basis for judicial court decisions.
The assumption of most use of high court libraries have been that the adequacy of the information resources and services are directly related to their use. Amkpa (2005) sees user study as a vital aid for effective planning and management of libraries. Similarly Oyesiku (2007) noted that effective use of the library is one of the principle objective of establishing collections. To this end utilization provide objective data to evaluate library. There is therefore, a need to know the types and quality of information resources and services provisions as well as their level of utilization by judges in the high court libraries.
Statement of the Problem
The main objective of any law court is to dispense justice. This is carried out through the basic function of interpretation of the constitution and the statutes by the judicial officers in litigation brought before them. While literal interpretations may require only search for authorities in the library, creative interpretation demand further reading and reasoning to arrive at fair and just judgments. The judiciary is commonly and highly being referred to as the last hope of the common man, which pre-supposes that it guarantees equal access to justice and equity, and equally ensures that the rights of citizens are adequately accommodated while judgments are handed down in accordance with the dictates of the law and facts presented to the court. Judges must build integrity and public trust by providing improved access to justice, quality of justice and improve on the quality of effective response to public complaints about the judiciary process.
Many judges fail to articulate cases and provide proper back up to their actions in the courts of laws which compels one to ask whether it is lack of competence or lack of reliable information resources. On many occasions, cases are not properly treated in the judiciary, and the current situation is bad to the level that people in authority must do something or else people will lose faith in the judiciary. Once that happen anarchy will be the order of the day. There is this question of whether these judges have or utilized the right information to defend their actions. Despite the legal institution like High court library efforts to provide legal knowledge and ready access to information resource to judges, there is the need to ensure that judges utilize information resources and services appropriately through High court libraries so as to dispense justice. The above details are the reasons this study focuses on the potentials and benefit of studying provision and utilization of information resources and services for judges in North East Nigeria.
Purpose of the Study
The general purpose of this study is to investigate the level of provision and utilization of information resource for judges in High court libraries in North East Nigeria.
Essentially the study is designed to ascertain and identify:
1. The information Resource provided for judges in high court libraries.
2. Methods for the provision of information resources for judges in high court libraries.
3. The information services provided for judges in high court libraries.
4. Access tools for the utilization of information Resources for judges in high court libraries.
5. Areas in which judges in High Court use information resources in libraries.
6. Problems associated with provisions and use of Information Resources in high court libraries.
7. Suggestions to enhance provision and use of information resources.
Research Questions
In this study, answers shall be provided to the following questions.
1. What are the types of Information Resources provided to judges in high court libraries?
2. What are the methods for the provision of these information Resources?
3. What are the types of information services provided?
4. What are the modes of access tools for utilization of information Resources?
5. What areas do judges use information Resources in libraries?
6. What are the problems associated with provision and utilization of information resources in high court libraries?
7. What are the suggestions to enhance provision and utilization of information resources?
Significance of the Study
It is expected that the findings of this study will be useful to the following: scholars, researchers, lawyers, judges, court registers, area court judges, librarians, etc. In addition to that, the findings will hopefully reach potential beneficiaries through seminar presentation, conferences, workshop, television and Radio talk show, articles in scholarly journals, etc.
It is also expected that the results of this study will make librarians in High court libraries north-East Nigeria awake to their responsibilities which include provision of information resources to high court judges. This is achievable when viewed from the perspective that this
study will expose the deficiency created due to little knowledge of judges information resources utilization and problems hindering utilization of information resources and services by judges in the high court libraries. Librarians will realize where they need to readjust and where to improve upon, especially getting re-skilled, and acquiring the professional competencies required so that they situate themselves to become and remain relevant in the information global age.
In addition to the above, this research or study will be of benefit to lawyers not only ease selection of relevant sources but facilitate timely access to the required legal resources. Scholars will benefit on this through current information on research findings on high court libraries emanating from conferences, seminars etc. court registers will also benefit from this study through information required for legal administration of high court system. Also significant contribution will be made to researchers on the body of literature which will serve as reference materials for further research work. Definitely the researcher will find some aspect of the study useful and relevance to the literature review when researching on similar study.
Hopefully, this study will be significant to court registrars as documentary evidence in planning, organizing, directing and controlling their duties and other technical aspects of managing the court systems.
Judges will benefit from this findings in the aspect of courts libraries information privision and also serve as precedent information to judges in law courts.
Scope of the Study
The study was carried out only in six Federal and State high court libraries in North-East Nigeria. The reason for selecting the six (6) high courts from the twelve (12) high courts in the area of the study is that they have abundance of material for court libraries looking at the large
numbers of high courts and their libraries stock, and because it was easy to gain access to the high court libraries under study; where as the research was not able to gain access to the other libraries because of the security situation in those states (Adamawa, Bornu and Yobe). The study focuses on the provision and utilization of information resources and services for Judges in High Court Libraries in North-East Nigeria. .
This material content is developed to serve as a GUIDE for students to conduct academic research
PROVISION AND UTILIZATION OF INFORMATION RESOURCES AND SERVICES FOR JUDGES IN HIGH COURT LIBRARIES IN NORTH EAST NIGERIA
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