Optimizing Nigeria’s Justice System: Solutions to the Rising Case Load and Enhancing Court Efficiency
1.0 Introduction
Nigeria’s justice delivery system is plagued by delays, technicalities, and cumbersome processes. As the last resort for the common man, the court should protect rights, and address infringements promptly. Western nations’ legal systems inspire confidence due to their effectiveness, a model many developing countries aspire to emulate. A well-functioning judicial system is critical for economic growth, as foreign direct investment (FDI) often hinges on the reliability of a nation’s legal framework.
Are current judicial methods adequate to meet the demands of Nigeria’s expanding population and evolving legal landscape? As Mrs. Hadizatu Uwani Mustapha, former Chief Registrar of the Supreme Court, notes, “the way to reduce the burden of explosive cases for judges is not by creating a proliferation of more Divisions of Courts, or by increasing the number of Judges of various Courts but by taking decisive actions”.
2.0 Issues and Challenges
The judiciary’s core function – interpreting and applying laws – struggles in Nigeria due to a focus on legal to specific technicalities and preliminary objections that obstruct justice. The adversarial nature of our court system further hampers rapid case resolution.
With a population exceeding 200 million, Nigeria’s judicial system must ensure timely justice. Currently, for commercial matters, there are twenty-six (26) National Industrial Court (NIC) divisions and only one Supreme Court in Abuja. From 2007-2019, approximately ten thousand appeals remained pending, making Nigerian Supreme Court Justices among the most overburdened globally.
Infrastructural deficits exacerbate these issues. Many courts lack virtual hearing facilities and electronic evidence capabilities. Paper based filings remains standard, and frequent power outages disrupt proceedings. These challenges significantly impede the efficiency of court operations. Many of these courts do not have stenographers to assist the court take notes of proceedings as it is done in other climes. Several times, Judges also miss hearings which leaves more cases on the table. All of the challenges of infrastructure slow the pace of proceedings before courts.
Furthermore, the Court system in Nigeria is not without a particular reoccurring issue; underfunding and understaffing. This makes adjudication of cases overburdened and time-consuming. The court system must be properly staffed and funded for efficient delivery.
Over a few years now, the Courts in Lagos, Abuja, Rivers, Oyo and few states have introduced electronic filing of cases, online payments, as well as virtual and remote court hearings which has increased efficiency in the system and improved faster dispensation of justice. Accountability, proper record keeping, and monitoring have also improved at the e-Registry unit of these States. Other states should incorporate this development.
Also, one other major challenge is on constitutional amendments. Too many appeal cases going up to the Apex Court is implosive. In the United States for example, there are 13 appellate courts that sit below the U.S. Supreme Court, called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeal. Furthermore, matrimonial matters, chieftaincy claims, land cases as well as appeals on interlocutory rulings should end in the state appellate court for instance, rather than meandering its way to Abuja. There is need for a re-assessment of the justice administration and a robust amendment to the Constitution.
3.0 Recommendations
a. Discourage Indiscriminate Case Filing: Legal counsel should guide clients to consider alternative dispute resolution (ADR) methods like mediation, conciliation and arbitration. The agreement of parties should only be brought to court for finality and execution as the case may be. In addition to these, some states of the country have agencies for Restorative Justice in the form of Victim-Offender Mediation for simple criminal offenses. By this, frivolous appeals clogging up their Lordships dockets would have been discouraged.
b. Enhance Time Efficiency: Judicial efficiency can be measured by time or trial length. There is a general saying that justice delayed is justice denied and S.33 (1) of the 1999 Constitution gives every person the right to have his civil rights and obligations determined by a court after a fair hearing and within a reasonable time. If therefore, a party indulges in asking for incessant and unreasonable adjournments, a trial court should not allow him to use the due process of law to defeat the ends of justice. That court, which is the trial court, ought to weigh the reasons given for the application for adjournment circumstances. In Ariori v Elemo where an action was filed in October, 1960 but came up for trial in March, 1972, and the trial went up to October, it was not until 1975 that judgment was finally given or delivered. The trial judge took three (3) years, seven (7) months in writing judgment. The court further held that expression ‘reasonable’ as used in the Constitution must be taken to mean the period of time which justice does not wear out the parties and their witnesses and appears to a reasonable person to have been done.
c. Implement Sanctions for Delays: Introduce sanctions for judges who fail to resolve cases, including election matters, within constitutional time limits. This should apply to criminal, civil, and commercial cases as well.
d. Appoint qualified and experienced Judges: Ensure judicial appointments are based on merit to avoid inefficiency and lawlessness. Judges should address cases impartially, without delays or selective justice. This explains why Mr. Mike Ozekhome (SAN), maintained that “the Nigerian courts give priority to election matters to the total exclusion of strictly commercial disputes. This is the negative implication of the politicization of the judiciary. Every case should be attended on its merits and lapse of time must be discouraged. This is where the competence and integrity of judges are called to question. Our Judges must show no partiality or selective justice when deciding on cases.
e. Increase Judicial Funding: Adequate funding is essential for effective justice administration. Financial constraints should not prevent newly appointed judges from performing their duties. In 2020, eight Honourable Justices were appointed for the court towards the end of a financial year, so there were no funds to rent residential accommodation and procure official cars for them. There were not enough offices for all the Honourable Justices, and the additional offices provided for them could not be provided with the relevant books needed for them to function effectively. As enshrined in the Constitution, the true independence of the judiciary and its autonomy in administration will ensure adequate funding, proper handling of judicial officers and dispensation of justice without fear or favour.
f. Adopt Technology-driven Solutions: Embrace ICT to modernize justice administration. Integrate IT skills training into legal education and continuing legal education programs for all legal stakeholders and the Bench. This is achievable, through the inclusion of same as one of the courses to be taken during the mandatory continuing legal education programme.
g. Establish Special Offences (Mobile courts): Create specialized mobile court for traffic and other related offences to ease regular court caseloads and expedite justice. With adequate security and a proper framework, progress will be made.
h. Utilize Restorative Justice: The use of alternative means of dispute resolution is not fully utilised. Restorative justice should be more utilised because of its flexibility to establish criminal justice, this does not make less the right of States to prosecute alleged offenders. Victim-offender mediation, family group conferencing, victim offender-panels, victim assistance programs, community crime prevention programs, sentencing circles, ex-offender assistance, community service, plea bargaining, school programs are all alternative examples to Court trials in simple criminal offences.
i. Limit Appeal Rights: Similar issues already decided upon by the Court should not be allowed to come before the Court on appeal again, except facts are distinguished from similar cases. Amendment of the Constitution to allow both pre and post-Election Appeal matters for Governorship, State, and Federal legislature to terminate at the Court of Appeal. Presidential election appeals can go up to the Supreme Court. All criminal and other civil cases can be resolved at the State and Federal High Courts. The ASUU strike is an industrial action, the appeal should necessarily end at the Court of Appeal.
4.0 Conclusion
The attitude that every case must go through the wheel of a court trial must stop. Judges have their hands full because all manners of complaints are brought for determination. The legal system and the administration of justice in Nigeria need a holistic approach. Finally, whether by drawing comparisons with other developing and developed countries or even from years of independence, it is true that our justice system might not be where we want it but has developed in terms of numbers of institution, access, efficiency, improved and modern procedures. Implementing these recommendations will help Nigeria achieve a more effective judicial system, fostering justice and supporting economic development.
References
- Mrs Hadizatu Uwani Mustapha, ‘Thisday Newspaper’ (With 10,000 Pending Appeals, the Supreme Court is overworked), accessed 5th October 2022
- https://nicn.gov.ng
- Ann Godwin, ‘The Guardian’ (e-filing of cases in Rivers, 12th March 2021) <https://guardian.ng/news/how-e-filing-of-court-processes-improved-judicial-system-by-rivers-cj/> accessed 6th October 20221q
- United States Courts, ‘Court Role and Structure’ <https://www.uscourts.gov/about-federal-courts/court-role- and- structure> accessed 7th October 2022
- Yeung, T.YC., Ovádek, M. & Lampach, N. Time efficiency as a measure of court performance: evidence from the Court of Justice of the European Union. Eur J Law Econ 53, 209–234 (2022). <https://doi.org/10.1007/s10657-021-09722-5>
- Salu v Egeigbon (1994) 6 SCNJ (Pt.2) 223 at 246(1983) SCNJ 24.
- Constitution of the Federal Republic of Nigeria, 1963, S.22(2), impari materia with, Durinya v Commissioner of Police (COP) (1962) NNLR 73, S.36(1).
- Festus Akanbi, ‘Thisdaylive’ (Repositioning Nigeria’s Courts as catalyst for Economic Growth, November 2021)<https://www.thisdaylive.com/index.php/2021/10/24/repositioning-nigerias-courts-as-catalysts-for-economic-growth/amp/> accessed 7th October 2022
- Yetunde Ayobami Ojó, ‘The Guardian’ (Mobile Court has reduced street trading, traffic congestion, says Lagos AG, Kazeem, 9th May 2017) <https://guardian.ng/features/law/mobile-court-has-reduced-street-trading-traffic-congestion-says-lagos-ag-kazeem/> accessed 6th October, 2022.
- Ikechukwu Nnochiri, ‘The Punch’ (Strike: Appeal Court asks FG, ASUU to resolve disputes out of court, 6th October 2022) https://www.google.com/amp/s/www.vanguardngr.com/2022/10/strike-appeal-court-asks-fg-asuu-to-resolve-dispute-out-of-court/amp/> accessed 6th October 2022.
By Afolabi Adedeji, Esq.
