Introduction
The judiciary serves as a cornerstone for Nigeria’s democracy. It is a foundation for social stability. It stands firm, as a check mate against issues such as corruption, authoritarianism, violation of individual rights, executive and legislative overreach, breach of contracts and many other issues.
This responsibility undertaken by the Judiciary ensures that the rule of law is upheld, leading to a prosperous society. The call for judicial reforms, particularly in Nigeria, is nothing new. The judiciary is faced with several challenges such as; corruption, backlog of cases, political interference, overly cumbersome and difficult procedures and even lack of technological modernization.
1. Why Should This Matter?
When we speak about judicial reforms, it is not just limited to improving the procedures in court; it is also about creating a path which entails accessibility to Justice particularly for the Nigerian people. It is also about an improved democracy which entails preventing an abuse of power, contributing significantly into governance, institution building, prevention of crimes and even upholding of Human Rights and Dignity as expressed and enshrined in the Constitution of the Federal Republic of Nigeria (as amended).
2. Current Status of Judicial Reforms and Efficiency Improvement in Nigeria
Nigeria has made several efforts in achieving judicial reforms in recent years. The aim was to enhance the efficiency and fairness of our judicial system. These efforts includes; the Strengthening Judicial Integrity and Capacity project that was launched in October 2001, in collaboration with the United Nations Office on Drugs and Crime (UNODC), aimed at the following;
The development, based on the findings of a comprehensive baseline assessment of the types, locations, levels and cost of corruption in the courts, action plans for strengthening judicial integrity and capacity in three Nigerian pilot state.
2) The implementation of the action plans in nine pilot courts across the three pilot states to improve their performance regarding:
(i) access to justice;
(ii) timeliness and quality of the trial process;
(iii) public confidence in the courts; (iv) efficiency and effectiveness in handling complaints against judges and court staff, and
(v) co-ordination across the criminal justice system institutions (Judiciary, DPP, Police, Prison Services and the Bar).
3) Ensuring sustainability of the reform measures by transferring planning, monitoring and implementation of skills and processes to the judiciaries in the pilot states and closely involving key institutions, such as Independent Anti-Corruption Commission and the Nigerian Institute of Advanced Legal Studies.
4) Identification of measures that have proven to be successful during the pilot phase and support their implementation throughout all thirty-six states in Nigeria.
Also, currently, in Lagos State, there’s been an adoption of new case flow management procedures and division of the High Court into five Judicial Divisions, including; General Civil Division, Probate Division, Commercial Division, Criminal Division, Family and even Land Division. This structure has created a positive impact in case flow within the judiciary.
Furthermore, in 2024, the Supreme Court Rules 2024 was introduced, replacing the Supreme Court Rules of 1985. The new rules brings technological innovations such as mandatory electronic filing through the Nigeria Case Management System (NCMS) E-filing portal, virtual hearings, and stricter timelines for filing processes to reduce delays and improve case management.
3. Promoting Judicial Reforms Through ADR
ADR meaning Alternative Dispute Resolution is a method of resolving disputes and issues using approaches such as arbitration, mediation, reconciliation, etc, where people can resolve their conflicts with the help of a trained professional (although not necessarily a trained professional depending on who the parties decide to bring in) such as an arbitrator or mediator to help them, without going through the process of litigation.
In 2024, the Federal Executive Council launched a National Policy and Guidelines on Alternative Dispute Resolution to incorporate these ADR methods into the regular court processes which is reflected in our various court rules from Customary courts up to the Supreme Court.
The intent of this is to reduce the number of cases pending in courts. However, achieving a successful implementation of ADR mechanisms depends on many factors, such as, public awareness, the availability of trained arbitrators and mediators and even the willingness of parties to engage in ADR processes. Hence, the following recommendations;
1) A strategic public awareness aimed at promoting ADR methods to reduce the number of cases in court.
2) Intensive training of individuals in ADR courses and methods in order to increase the number of trained Arbitrators and Mediators.
3) Conflicting parties should be compelled to attempt ADR processes before resorting to litigation (a bold step in this direction has already been adopted by our Courts, in our various Court Rules which is highly commendable).
4. Challenges in Judicial Reforms and Efficiency Improvement in Nigeria
1)The Issue of Judicial Independence: Unfortunately in Nigeria, the judiciary is not independent. Appointments and promotions are still made by the President and Governors, as well as the issue of funding, which comes from the Executive. Furthermore, judgements amongst other things may be influenced by political interests.
2) The Issue of Judicial Capacity: In this situation, Lawyers are faced with Judges who lack sufficient legal knowledge and adjudicating skills, leading to poor judgements and rulings resulting in inefficiency. Additionally, issues of corruption amongst judges undermine public trust in the judiciary.
3) The Issue of Backlogged Cases: Our Courts face heavy caseloads, with delays and prolonged trials being common. For instance, a case may take years before it is finally resolved. This affects everyone, such as, the Litigant, The Lawyers on both sides and even the Judges who are humans, capable of being worn out and stressed over a particular case.
4) The Issue of Technological Modernization: While some states such as Lagos which has adopted technological innovations in judicial proceedings, nationwide adoption still remains limited, sometimes due to lack of necessary infrastructure and technical expertise. All these can hinder the efficient use of technology in judicial administration.
5) The Issue of Limited Manpower: Our Judiciary faces significant challenges relating to issues of limited manpower, which is manifested in several ways. For instance, shortage of judges, which can lead to backlogs of cases and delays, as well as limited trained staff for support, which can have implications in the way our courts are operated. This shortage can also result in rushed or suboptimal rulings, impacting the quality of justice delivered.
6) The Issue of Hand Written Proceedings and Judgements : The issue of hand written proceedings and Judgements is a very vital one. A judge is forced to record proceedings and write judgements with his pen, which may run into hundreds of pages. This can be very cumbersome, challenging and tasking to a judge which may have over two hundred cases to hear and determine same within a particular time frame.
5. Strategies for Advancing Judicial Reforms and Efficiciency in Nigeria
1) Total Judicial Independence: The Judiciary should be allowed to make appointments, generate revenue and also, judgements and rulings of judges should be free of political interference.
2. The Process Capacity Building: Appointment of judges should be merit based, not on sentiments. Furthermore, there should be constant training and re-training of judges and other judicial personnel to improve their professional competence and ethical standards. This involves organizing regular training programs on knowledge of the law, adjudicating skills, and judicial ethics.
3. Regular Appointment of Judges: The appointment of Judges should be done more frequently, to ensure that cases move smoothly and a particular judge is not over burdened with so many cases which may have significant impact on when justice is achieved.
4) Technological Modernization and Improved Infrastructure: The adoption of technology, with an excellent infrastructure in our courts helps to reduce the burden on our judges, leading to speedy and fast trials which result in justice being served appropriately without delay.
6. Conclusion
The judiciary remains a cornerstone of Nigeria’s democracy and a pillar of social stability, tasked with the responsibility of upholding the rule of law and protecting the rights of citizens. While Nigeria has made significant efforts in achieving these reforms, through initiatives like the Strengthening Judicial Integrity and Capacity project, the adoption of a new case flow management procedures in a state like Lagos and even the introduction of the Supreme Court Rules 2024, significant challenges still exist.
A successful implementation of Judicial reforms hinges on a multifaceted approach which involves achieving total judicial independence, investing in the professional development of our judges and judicial personnel, making regular judicial appointments, embracing technological innovations, and even the improvement of our court infrastructure.
By taking a radical step in the approaches listed above, Nigeria builds a judicial system that is more efficient, all in response to the needs of the Nigerian people. The path to judicial excellence is a process. It requires the commitment and collaboration of all stakeholders. As Nigeria continues to refine its judicial processes, it moves closer to a system where justice is served promptly, fairly, and with integrity, ultimately reinforcing the foundations of democracy and social cohesion in the country.
Reference
1. United Nations Office on Drugs and Crime(UNODC)- (Progress Report) Strengthening Judicial Integrity and Capacity project.
2. Supreme Court Rules 2024.
3. Supreme Court Rules of 1985.
4. Nigeria’s National Policy and Guidelines on Alternative Dispute Resolution.
5. https://lagosjudiciary.gov.ng/
6. https://supremecourt.gov.ng/
About the Author:
Madaki, Melchizedec Pius is a law student who contributes thoughtful perspectives on contemporary legal issues while honing his academic and professional skills. He can be reached at: [email protected].