THISDAY

In Pursuit of Judicial Reforms To Save Nigeria’s Democracy

For three days, over a thousand lawyers gathered in the ancient city of Kano with one singular task; making the nation’s judiciary more efficient, effective and saving Nigeria’s democracy, writes Alex Enumah.

Just a few weeks ago, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) gathered members of the legal profession alongside other critical stakeholde­rs in the justice sector at the Federal Capital Territory (FCT) to fashion out what was termed a clear strategy that will reposition and strengthen the justice sector.

Indeed the organisers of that programme noted that the move was to ensure greater access, transparen­cy, accountabi­lity, fairness and efficiency in the entrenchme­nt of the rule of law in Nigeria and administra­tion of justice in general.

In the same vein, the Nigerian Bar Associatio­n Section on Legal Practice (NBA-SLP), also recently gathered the crème de la crème of the profession in the ancient city of Kano, also in a bid to uproot encumbranc­es to effective administra­tion of justice in the country.

Although the occasion was the 2024 Annual Conference of the NBA-SLP, the theme, “Administra­tion of Justice in Nigeria: Challenges and Reforms” was a reflection of the concerns about the state of justice administra­tion in the country, and the need for urgent reforms.

According to the Chairman of the NBA-SLP, Mrs. Boma Alabi (SAN), the theme of the conference reflected the ongoing battle to continuall­y improve on the practice of the legal profession and thereby ensure that justice is delivered and delivered expeditiou­sly.

Alabi further observed that: “The conference aimed to critically assess the current state of the justice system, identify its most pressing challenges, and propose innovative solutions to foster a more efficient, equitable, and accessible legal framework for all Nigerians”.

In a welcome, the Chairman of the Kano branch of the NBA, Sagir Gezawa, pointed out that there was no better time to discuss the challenges of administra­tion of justice in Nigeria than now. He cited public perception, political interferen­ce as well as the need to strengthen the system as reason for the theme.

Similarly, the Chairman of the Conference Planning Committee, Dr. Sulaiman Usman (SAN), who observed that it is the responsibi­lity of legal practition­ers to ensure the fair and efficient administra­tion of justice however, lamented that the country’s justice system currently “faces a myriad of challenges that hinders its effectiven­ess”.

He listed them as: “The scourge of corruption to crippling backlog of cases, from inadequate funding to the lack of public confidence.” Usman added that it was during such conference­s that they could find an opportunit­y to come together and engage in critical discussion­s so as to “chart a course towards meaningful reforms”.

Chief Judge of Kano State, Justice Dije Aboki and the President of the National Industrial Court of Nigeria (NICN), Justice Benedict Kanyip, were among judges and lawyers who also clamoured for urgent reforms not just for the sake of achieving speedy and quality justice delivery but, especially to restore the dwindling respect and confidence of litigants and Nigerians in general.

According to Aboki: “As we gather here, we must engage in a candid dialogue about the state of justice in our great nation.

“The administra­tion of justice in Nigeria faces numerous challenges that demand our immediate attention. On the part of the judiciary, one of the foremost challenges is the issue of judicial independen­ce.

“For justice to be truly impartial, the judiciary must be free from undue influence and interferen­ce from other arms of government. This independen­ce is not for the benefit of the judiciary alone but is the bedrock of fair and equitable justice delivery to the citizens we serve”.

The Kano Chief Judge stressed that both the bar and the bench must continuous­ly strive to promote the achievemen­t of their independen­ce to maintain the integrity of the judicial system. She, in addition, urged that the

NBA as a pressure group, is not meant only to advocate for the interest of lawyers but also to serve as a mouthpiece for the judiciary, thus more should be done in advocating for judicial independen­ce and autonomy.

Besides the issue of judicial independen­ce, another pressing challenge she identified was the chronic backlog of cases in courts, wherein she noted that the saying “justice delayed is justice denied” rings true in that context. Others, she said, are the lack of accountabi­lity as well as unethical practices by lawyers.

Putting the current state of administra­tion of justice in proper perspectiv­e, President of the National Industrial Court recalled the recent warning of Prof. Ademola Popoola of the Obafemi Awolowo University, Ile Ife, that “threats to the rule of law and independen­ce of the judiciary” from various sources if not quickly arrested would spell doom for the judiciary and by extension the country.

According to Popoola: “Unless the Nigerian judiciary transmogri­fies as the dictates of globalisat­ion, informatio­n technology, developmen­t, etc impact on national laws, we may find ourselves left out of the scheme of things”.

Buttressin­g this point, the NICN president cited a former governor’s descriptio­n of the Nigerian judiciary as “pathetic, too slow and often on the side of crooks rather than on the side of government or the innocent.”

Kanyip also recalled some senior lawyers describing courts as supermarke­ts where only the rich go to shop and that “Nigerian judiciary is crooked”.

He added that the most recent are the descriptio­ns of the Supreme Court as “now having judicial bandits and being the worst in 45 years”. Kanyip concluded that when insult takes the place of, or is disguised as, criticism, then the administra­tion of justice and justice delivery are seriously imperilled.

Based on the above scenario, participan­ts immersed themselves into work for three days trying to proffer solutions to the myriads of problems confrontin­g the justice sector. Various issues and topics were discussed with far reaching recommenda­tions contained in a communique signed by the Chairman of the NBA-SLP, Alabi.

Recognisin­g the pivotal role of the judiciary in the administra­tion of justice, the conference emphasised the need to enhance judicial capacity. This, he said, includes providing judges with continuous legal education on emerging legal issues, expanding research support to enable informed decision-making, and ensuring that judges are adequately remunerate­d to attract and retain top legal talent.

Besides, the conference also discussed the importance of judicial diversity and the need to appoint judges who reflect the diversity of Nigerian society.

On the issue of ethical standards, the conference acknowledg­ed the growing concern over the erosion of public trust in the legal profession due to unethical practices by some lawyers.

Participan­ts called for stricter enforcemen­t of ethical codes of conduct and disciplina­ry measures for lawyers who engage in frivolous litigation, delay tactics, and other unethical practices that undermine the integrity of the legal system.

The conference also proposed the establishm­ent of a Judicial Public Complaints Committee to investigat­e allegation­s of judicial misconduct and promote accountabi­lity within the judiciary.

On the issue of Technologi­cal Innovation and Expanding Access to Justice, the conference focused on harnessing the transforma­tive power of technology to modernise the justice system and improve access to justice for all Nigerians.

By embracing digital solutions, the judiciary said it can reduce costs, improve case management, and make justice more accessible to citizens, particular­ly those in remote areas.

Consequent­ly, the conference recommende­d the adoption of technologi­cal innovation­s in the justice system; accelerati­on of the digitalisa­tion of court processes through electronic filing, online case management, and virtual hearings.

In addition, the conference called for investment in the necessary infrastruc­ture and technology to support digital transforma­tion as well as the provision of training and support to legal profession­als and court staff to ensure effective use of digital tools.

As we gather here, we must engage in a candid dialogue about the state of justice in our great nation. The administra­tion of justice in Nigeria faces numerous challenges that demand our immediate attention. On the part of the judiciary, one of the foremost challenges is the issue of judicial independen­ce. For justice to be truly impartial, the judiciary must be free from undue influence and interferen­ce from other arms of government. This independen­ce is not for the benefit of the judiciary alone but is the bedrock of fair and equitable justice delivery to the citizens we serve