The Last Hope (2)

By Ebun-Olu Adegboruwa, SAN

Improve Judicial Capacity and Training

The effectiveness of the judiciary hinges on the knowledge and competence of its personnel. To maintain a judiciary that can uphold the rule of law, judicial officers should be well-trained and equipped to deal with complex and evolving legal issues. This will involve continuous judicial education through the establishment of regular training programs for judges, magistrates, and other court personnel to keep them up-to-date with the latest legal trends, international human rights standards, and technological advancements in law practice. The tools of practice for most judicial officers are archaic and obsolete when compared with their colleagues in legal practice or in other jurisdictions. Some have suggested that the creation of specialized courts (e.g., commercial courts, environmental courts, or cybercrime courts) with judges and staff specialized in particular fields of law can improve the speed and quality of adjudication in these complex areas. The limitation here is that the same factors hindering the effectiveness of the regular courts will also limit the performance of the special courts.

Address Judicial Corruption

Corruption within the judiciary undermines its integrity and public trust. Addressing this issue requires both preventive and punitive measures. A recent survey on corruption in Nigeria revealed that judges and lawyers are the greatest givers and takers of bribes in the country. It is that bad and it is scandalous. Urgent and effective action is needed. Some of the suggested solutions will include stricter oversight and accountability: Establishing stronger anti-corruption bodies, such as the National Judicial Council (NJC), to monitor and investigate complaints against judges and judicial staff. The council should have the power to suspend or dismiss corrupt judges swiftly and transparently. For this to be meaningful, it will be necessary to reconsider the powers of the Chief Justice of Nigeria. To my mind, the powers combined in that single office may be a challenge to the effectiveness of the institutions involved. The CJN is the head of the Supreme Court of Nigeria, both in the exercise of judicial and administrative powers. The CJN heads the Federal Judicial Service Commission which is responsible for the recruitment and recommendation of judges for appointment. The CJN heads the National Judicial Council which is responsible for the appointment and discipline of judges. The CJN heads the National Judicial Institute which is responsible for the training of judges. The CJN heads the Legal Practitioners Privileges Committee which is responsible for the conferment of the Rank of Senior Advocate of Nigeria on legal practitioners. And perhaps there may be more bodies and agencies not mentioned herein which the CJN superintends over. Let us examine one area of overlap. If the CJN heads the body (FJSC) which recruits and recommends judges for appointment, will any of the candidates recommended by FJSC fail the test of appointment by the NJC headed by the same CJN? To what extent will a person who recommends and indeed supervised the appointment of a judge be able to discipline him when most appointments are matters of patronage? Although the present CJN has discharged these responsibilities creditably since assuming office, they can be very overwhelming and constitute limiting factors for effectiveness. Public awareness and transparency are key factors that could help to tame the monster of corruption within the judiciary. This will involve encouraging transparency in judicial processes, including the publication of judges’ financial assets, to make it more difficult for corrupt practices to thrive undetected. The issue of assets declaration by judicial officers should be taken more seriously, for enforcement and strict compliance. Nigerians have constantly clamoured for increment of salaries and allowances of all judicial officers and improved working conditions. Anyone found living beyond the official means of remuneration should be made to account for it. There must be adequate protection for whistleblowers through which those who summon the courage to report corruption or unethical conduct within the judiciary are protected and rewarded. This will encourage the reporting of misconduct without fear of reprisal.

Improve Court Infrastructure and Technology

Modernizing the judicial system through technology can significantly improve efficiency, reduce case backlog, and increase public access to justice. The E-Court System deserves immediate implementation by which a fully digital court system, where filing, tracking, and hearing of cases can be done electronically, and streamline the judicial process. This can also help reduce delays caused by the manual processing of cases.This will be followed with online access to court judgments, thereby providing public access to court judgments online which will promote transparency, discourage corruption, and enable people to make informed decisions about legal matters. A well-organized case management system will cap it up to help reduce the backlog of cases and ensure that legal matters are handled in a timely manner. Judges and lawyers should have access to an efficient, digital case management system to track the progress of cases.

Increase Funding for the Judiciary

This has been a recurring decimal. For the judiciary to function effectively as the “last hope” for Nigerians, adequate funding is essential to provide the necessary resources, including courtrooms, staff, technology, and training programs. A dedicated judiciary fund should be established and sustained. Allocating a larger and more consistent share of the national budget to the judiciary can help alleviate challenges related to inadequate funding. The judiciary’s budget should be transparent and free from political interference.Even though there has been an amendment to the Constitution to create a separate funding mechanism for the judiciary, a number of States have refused to grant financial autonomy to the judiciary in practice. In this regard, it is suggested that state funding and local courts should be implemented. The state-level judiciary should receive adequate funding to improve local courts, as these courts are often overwhelmed by cases and lack necessary infrastructure.

Reduce Case Backlog

The issue of case backlog is a significant impediment to justice in Nigeria, with many cases taking years to be resolved. Some judges have over 1000 cases to deal with, in writing judgments, rulings, taking evidence of witnesses and arguments of lawyers, all in long hand. One of the solutions to this is to increase the number of judges and courtrooms, especially for states like Lagos, Rivers, Anambra, etc, with high volume of cases. Appointing more judges, especially at the state level, and building additional courtrooms can help reduce case delays. A more accessible and adequately staffed judiciary can help speed up the adjudication process. Alternative Dispute Resolution (ADR) should be encouraged as a viable substitute to litigation. Promoting alternative dispute resolution mechanisms, such as mediation and arbitration, can help decongest courts and provide quicker and cheaper solutions for parties involved in civil disputes. There is also the need to embrace case prioritization to filter out very urgent cases for priority attention, such as those involving human rights violations, political conflicts, and corruption, as a way of ensuring that critical matters are dealt with promptly.

Strengthen the Role of Judicial Review

Judicial review is part of the constitutional mandate delivered to the judiciary under section 6 (6) (b) of the Constitution. It is a powerful tool for the judiciary to ensure that laws, policies, and executive actions comply with the Constitution. Strengthening this role ensures that the judiciary remains the ultimate protector of the Constitution and citizens’ rights. The executive and legislative arms of government are prone to acting in excess of their constitutional powers or embarking upon policies that may run in conflict with certain constitutional provisions. The judiciary is the body saddled with the sacred duty to call them to order in such instances and it is a power that must be exercised functionally and maximally. In this regard, there will be a need to reinforce constitutional review powers so that the courts should have the power to review and invalidate unconstitutional laws or executive actions. This reinforces the judiciary’s role as the final safeguard against potential abuses of power by the legislature or executive. Public access to judicial review will also help simplify the legal process for citizens to challenge unlawful actions or policies through the courts and it will increase public confidence in the judicial system.

Improve Public Perception and Trust in the Judiciary

The judiciary must maintain and strengthen public trust to be seen as an effective safeguard for justice. The cynicism and distrust against the judiciary is very alarming, with public confidence at its very lowest ebb. The perception of corruption, abuse of judicial powers and judicial timidity in the face of executive lawlessness are real. Through public engagement and awareness campaigns, government and civil society groups should conduct campaigns to educate the public about the role of the judiciary, citizens’ rights, and how they can seek redress through the courts. This will then lead to judicial accountability, making court proceedings more transparent and accessible to the public in order to help restore confidence in the legal system. For instance, televising high-profile trials can demystify the judicial process and ensure that it remains open and accountable.

Conclusion

Section 6(6)(b) of the 1999 Nigerian Constitution embodies the crucial role of the judiciary as the “last hope” for citizens seeking justice and protection of their rights. In a democratic society, the judiciary is tasked with holding the other branches of government accountable and ensuring that laws and actions comply with constitutional principles. Despite the challenges that the Nigerian judiciary faces, its role remains vital in upholding the rule of law, protecting fundamental rights, and providing a forum for legal redress.

As Nigeria continues to develop, strengthening the independence and effectiveness of the judiciary will be essential in maintaining a just and fair society where the rights of all citizens are respected and upheld. The judiciary must remain the last bastion of hope for those seeking justice, ensuring that every Nigerian, regardless of their status, can rely on the courts to safeguard their freedoms and enforce the rule of law.

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