It has been argued over the years that justice delayed is a clear
denial, or better still, an attempt to pervert the whole system. Nigeria, as a nation, no doubt, has a fair share of this situation which
watchers in the sector have described as very ugly. Investigations have
revealed that instances of abandoned litigations across various levels
of the Nigeria’s judicial system abound, due largely to the granting of
unnecessary injunctions, the unprofessional conduct on the part of
lawyers, judges, corrupt practices, and apparent lack of facilities.
Former Chief Justice of Nigeria, Justice Dahiru Musdapher was once quoted as saying that over 110,000 cases were pending before Federal and States High Courts in the country. This, no doubt, has brought to fore the slow pace that characterizes administration of justice in the country. The former Chief Justice, who said that although there were other notable challenges confronting the judicial system in the country among which is lack of necessary equipment in the Courts rooms, also noted that the development poses grave danger to the judicial system, stressing further that the inability to provide adequate facility has unnecessarily led to the serial granting of controversial adjournments.
In a related stance, a human rights activist and Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr. Monday Ubani posited that the snail speed that characterizes the administration of justice in the country has succeeded in entrenching corruption in the society, abuse of office, and sadly, prison congestion, a development that has turned the prisoners to monsters and ended up demonizing the society when they regain their freedom, while the unlucky ones died in a more dehumanizing and or tragic condition.
Similarly, a legal practitioner, Ramon Shekumoh maintained that there are certain factors why cases are so prolonged in court. According to him, in Lagos state for instance, cases that are filed on daily basis are so high in volume and the judicial body is short-staffed to dispense those cases within short possible period of time. He added that there are Courts you get to and if the Court list is checked, one would be amazed to see that they have close or more than fifty matters to address on daily basis. While commenting on the scenario painted above, the legal practitioner stated that in practical terms, it is clearly difficult, if not impossible, to meet up with the demand of those cases, saying where applicable, it would amount to undue overwork which at the end of the day may lead to miscarriage of justice.
Aside that, he noted, the parties involved in a case also contribute to the elongation of matters in court where things that are supposed to be done by them are not judiciously done, and at times lawyers bring in frivolous applications to delay matters in court. In addition, he said one would discover that the hands of the court are tied because parties must be fairly heard before justice is done or delivered in any matter. His words: “When an application is brought before Court, a Court must oblige to take it in, either to refuse or grant it, but the law is that such application must be granted. For speedy dispensation of justice, we need more Judges and Magistrates in a state like Lagos State. “There are other states in the federation where matters don’t take so long in court because the rules of the court say matters are quickly dispensed with, in fact, as at now in Bayelsa state, a civil matter is 18 months and some matters before the expiration of that time frame, such matter would have rounded off. “I have once handled a criminal matter in Bayelsa State that lasted for four months. Within four months, the judgment was delivered,” he added, reiterating further that there should be stronger manpower base in the judiciary.
On his part, another lawyer, Mr. Akintunde Olanrewaju, is of the view that court system in Nigeria is very unique. Olanrewaju argued that the presiding Judge or the Magistrate will take his or her time to decide whatever matter that is brought before the court. According to him, in a criminal matter, if the prosecutor has alleged a particular person to have committed an offense, the onus of proof lies on the presiding Judge to determine the efficacy or the authenticity of such an allegation. Under this condition, he noted that the presiding Judge will have to take his time in proving to the court beyond every reasonable doubt that an offense has actually been committed, while also stating that in a civil matter, one cannot run to Court and expect an immediate justice. “The court has to go into it critically and diligently, weigh the evidences, and now take a definite decision on it. That is why delay is a little bit experienced, otherwise there is nothing wrong with the judicial proceedings. It is unique,” he noted.
In another twist, however, a Judge of the Federal High Court, Justice Ibrahim Auta was quoted in a report recently as saying corruption is the single most important factor delaying criminal justice administration in the country. The Judge stated that sleaze in the system cut across judicial officers, police, lawyers, prisons officials as well as in government agencies. While speaking, the Judge said, “Corruption is the only reason that can explain the snail’s speed at which the administration of criminal justice is moving in Nigeria. If corruption is not effectively checked, it will be the curtains for judicial growth in Nigeria.” According to him, corruption has compounded problems of endless adjournments and awaiting trials, forcing simple cases to drag in court for many years. He also named prisons officials, police personnel, lawyers, government agencies and judges, who are not ready to do their job as being responsible for the delays.
Justice Auta noted that while some judicial officers “framed out” cases, some lawyers too preferred to go after fast money-making contracts to preparing their briefs. The judge added, “Instances abound where a lawyer will attend court unprepared and such a lawyer goes through the motion asking the court for adjournment upon adjournment. Some judges are looking for the slightest opportunity to avoid sitting.”
Also, an Abuja, based lawyer, Barrister Kenneth Anakwe disclosed in a report recently while reacting to the abysmal performance of the country’s legal system that the prevalence of outdated laws constitute unwanted clogs in the wheel of progress of the judiciary. Anakwe further stressed that one major setback in Nigeria’s judiciary today was with the laws that can no longer meet the taste of time, adding that the penal code under which the country tries its criminal offences are laws of September 30, 1960. He explained that the reason for the delay in dispensing criminal cases was the long period of military rule, saying the lawmakers cannot correct all the wrongs done during the military regime within few years.
“One of the setbacks in our judicial system has to do with our laws. The Penal Codes under which we try most of these criminal offences are laws of September 30, 1960. They are old such that they cannot meet the taste of time, and the Judges are not finding it easy. That is why most of these cases go on for over three years. “Everybody agrees that corruption is the cause of Nigeria’s under-development. This issue of criminal law amendment and upgrading of the laws to meet the taste of time is as important as Freedom of Information Act. If we can afford to amend the constitution, we should as well do justice to our criminal law,” he posited.
In the light of the above postulations, it is obvious that for the nation’s judicial sector to compete favourably and carry out its duties in accordance with best practices the world over, there have to be drastic change in the scheme of things. Most importantly, leaders, relevant bodies, institutions, other governmental organizations and Non-governmental organizations (NGOs) etc., must develop the political will and muster the courage to face and address the debilitating challenges head long. It is when this is done that the nation can rests on its oars. It is then the conventional saying that “Judiciary is the last hope of common man” can eminently be justified in a country like Nigeria.
Written by Adesoji Oyinlola & Matthew Irinoye
http://peoplesdailyng.com/nigeria-judicial-system-endless-litigation-as-an-albatross/
Former Chief Justice of Nigeria, Justice Dahiru Musdapher was once quoted as saying that over 110,000 cases were pending before Federal and States High Courts in the country. This, no doubt, has brought to fore the slow pace that characterizes administration of justice in the country. The former Chief Justice, who said that although there were other notable challenges confronting the judicial system in the country among which is lack of necessary equipment in the Courts rooms, also noted that the development poses grave danger to the judicial system, stressing further that the inability to provide adequate facility has unnecessarily led to the serial granting of controversial adjournments.
In a related stance, a human rights activist and Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr. Monday Ubani posited that the snail speed that characterizes the administration of justice in the country has succeeded in entrenching corruption in the society, abuse of office, and sadly, prison congestion, a development that has turned the prisoners to monsters and ended up demonizing the society when they regain their freedom, while the unlucky ones died in a more dehumanizing and or tragic condition.
Similarly, a legal practitioner, Ramon Shekumoh maintained that there are certain factors why cases are so prolonged in court. According to him, in Lagos state for instance, cases that are filed on daily basis are so high in volume and the judicial body is short-staffed to dispense those cases within short possible period of time. He added that there are Courts you get to and if the Court list is checked, one would be amazed to see that they have close or more than fifty matters to address on daily basis. While commenting on the scenario painted above, the legal practitioner stated that in practical terms, it is clearly difficult, if not impossible, to meet up with the demand of those cases, saying where applicable, it would amount to undue overwork which at the end of the day may lead to miscarriage of justice.
Aside that, he noted, the parties involved in a case also contribute to the elongation of matters in court where things that are supposed to be done by them are not judiciously done, and at times lawyers bring in frivolous applications to delay matters in court. In addition, he said one would discover that the hands of the court are tied because parties must be fairly heard before justice is done or delivered in any matter. His words: “When an application is brought before Court, a Court must oblige to take it in, either to refuse or grant it, but the law is that such application must be granted. For speedy dispensation of justice, we need more Judges and Magistrates in a state like Lagos State. “There are other states in the federation where matters don’t take so long in court because the rules of the court say matters are quickly dispensed with, in fact, as at now in Bayelsa state, a civil matter is 18 months and some matters before the expiration of that time frame, such matter would have rounded off. “I have once handled a criminal matter in Bayelsa State that lasted for four months. Within four months, the judgment was delivered,” he added, reiterating further that there should be stronger manpower base in the judiciary.
On his part, another lawyer, Mr. Akintunde Olanrewaju, is of the view that court system in Nigeria is very unique. Olanrewaju argued that the presiding Judge or the Magistrate will take his or her time to decide whatever matter that is brought before the court. According to him, in a criminal matter, if the prosecutor has alleged a particular person to have committed an offense, the onus of proof lies on the presiding Judge to determine the efficacy or the authenticity of such an allegation. Under this condition, he noted that the presiding Judge will have to take his time in proving to the court beyond every reasonable doubt that an offense has actually been committed, while also stating that in a civil matter, one cannot run to Court and expect an immediate justice. “The court has to go into it critically and diligently, weigh the evidences, and now take a definite decision on it. That is why delay is a little bit experienced, otherwise there is nothing wrong with the judicial proceedings. It is unique,” he noted.
In another twist, however, a Judge of the Federal High Court, Justice Ibrahim Auta was quoted in a report recently as saying corruption is the single most important factor delaying criminal justice administration in the country. The Judge stated that sleaze in the system cut across judicial officers, police, lawyers, prisons officials as well as in government agencies. While speaking, the Judge said, “Corruption is the only reason that can explain the snail’s speed at which the administration of criminal justice is moving in Nigeria. If corruption is not effectively checked, it will be the curtains for judicial growth in Nigeria.” According to him, corruption has compounded problems of endless adjournments and awaiting trials, forcing simple cases to drag in court for many years. He also named prisons officials, police personnel, lawyers, government agencies and judges, who are not ready to do their job as being responsible for the delays.
Justice Auta noted that while some judicial officers “framed out” cases, some lawyers too preferred to go after fast money-making contracts to preparing their briefs. The judge added, “Instances abound where a lawyer will attend court unprepared and such a lawyer goes through the motion asking the court for adjournment upon adjournment. Some judges are looking for the slightest opportunity to avoid sitting.”
Also, an Abuja, based lawyer, Barrister Kenneth Anakwe disclosed in a report recently while reacting to the abysmal performance of the country’s legal system that the prevalence of outdated laws constitute unwanted clogs in the wheel of progress of the judiciary. Anakwe further stressed that one major setback in Nigeria’s judiciary today was with the laws that can no longer meet the taste of time, adding that the penal code under which the country tries its criminal offences are laws of September 30, 1960. He explained that the reason for the delay in dispensing criminal cases was the long period of military rule, saying the lawmakers cannot correct all the wrongs done during the military regime within few years.
“One of the setbacks in our judicial system has to do with our laws. The Penal Codes under which we try most of these criminal offences are laws of September 30, 1960. They are old such that they cannot meet the taste of time, and the Judges are not finding it easy. That is why most of these cases go on for over three years. “Everybody agrees that corruption is the cause of Nigeria’s under-development. This issue of criminal law amendment and upgrading of the laws to meet the taste of time is as important as Freedom of Information Act. If we can afford to amend the constitution, we should as well do justice to our criminal law,” he posited.
In the light of the above postulations, it is obvious that for the nation’s judicial sector to compete favourably and carry out its duties in accordance with best practices the world over, there have to be drastic change in the scheme of things. Most importantly, leaders, relevant bodies, institutions, other governmental organizations and Non-governmental organizations (NGOs) etc., must develop the political will and muster the courage to face and address the debilitating challenges head long. It is when this is done that the nation can rests on its oars. It is then the conventional saying that “Judiciary is the last hope of common man” can eminently be justified in a country like Nigeria.
Written by Adesoji Oyinlola & Matthew Irinoye
http://peoplesdailyng.com/nigeria-judicial-system-endless-litigation-as-an-albatross/
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