For two days last week, law experts and other stakeholders in the justice delivery sector gathered in Abuja to examine how best to reposition the court system for efficiency. Assistant Editor ERIC IKHILAE reports.
That the nation’s justice administration system is troubled is indisputable.
Speakers at the National Summit on Justice 2024 admitted this much.
They agreed that it could be fixed.
But, the question, however, remains how?
This question was what engaged participants at the event, an initiative of the Federal Ministry of Justice, between April 24 and 25.
The event, with the theme: “Repositioning the Justice sector in Nigeria: constitutional, statutory and operational reforms for access and efficiency,” afforded members of the three arms of government the opportunity for a closer examination of the many ills that plague the justice system and TO suggest ways to address them.
Contributions were robust, exhaustive and frank.
And, when the curtains eventually fell at about 6 pm on April 25, enough recommendations were harvested, which, if faithfully applied, would effectively turn around, for good, the current state of affairs in the system of justice administration.
Presentations were made by both local and foreign experts, including former Chief Justice of the Republic of Kenya, Dr. Willy Mutunga, who participated virtually and spoke about his country’s experience in justice system reform and the beneficial outcomes of the various initiatives adopted.
Dr. Mutunga touched on the need for a comprehensive review of Nigeria’s Constitution to strengthen its democratic foundations beyond national borders.
He, however, said adherence to collective bargaining and social dialogue has “minimised work-stoppages, strikes and lockouts,” adding government and unions should deepen engagement.
Aremu singled out the October 2 15-point MOU after removal of fuel subsidy “as a framework for managing industrial relations in crisis”.
He said the agreement benefits all parties, citing award of N35,000 pending a minimum wage, suspension of VAT on diesel for six months, N100 billion for CNG buses, as well as an inclusive 37-member wage committee.
He advocated the collaboration of African states in the legal sphere by proposing the establishment of a central institute dedicated to legal scholarship and collaboration across the continent to foster a unified legal framework for courts in the continent, and by extension, strengthening the legal system of all African countries.
Tinubu, Akpabio, CJN demand holistic reform
Declaring the event open, President Tinubu noted that all was not well with the system.
Represented by Vice President Kashim Shettima, the President tasked the managers of the nation’s justice system and other stakeholders to ensure that the system functions to the benefit of all.
“Justice sector leaders and professionals need to find the right responses to the challenges we face, through policy innovation, citizens-centred reforms, system change and legislative reform, where necessary.
“I accordingly, urge the leadership of all justice sector institutions to seek a new direction and focus on how to create a justice system that fully responds to the needs of our citizens, one that serves Nigeria now and for generations to come,” the President said.
Tinubu noted that despite its contributions to the socio-economic and political developments, a lot is required to be done to restore public confidence in the justice system.
He added: “The reality is that there is an urgent need for a functional justice system capable of supporting a rapidly growing economy, guaranteeing basic human and political rights of individuals and providing security and justice to all.
“This makes continuous reforms imperative. It further underlines the establishment of reliable metrics and benchmarks across all justice sector institutions to identify the needed system changes and evaluate the effect of reform measures.
“The impact of your reform efforts should be visible in terms of improved access to justice, strengthened integrity of justice sector institutions, increased timeliness and quality of justice delivery, accountability and transparency of the system, and ultimately, improved public trust and confidence in the judicial system…
“Ultimately, the expectations are that law and justice should aim to ensure public safety, economic development, peaceful coexistence and the wellbeing of our people,” Tinubu said.
Senate President Godswill Akpabio noted that the key challenges with the court system included delays and case backlog, which not only deny timely justice delivery but undermine citizens’ faith in the system.
Akpabio assured that the legislative arm would do all within its capacity to address the many identified challenges hampering the system’s effectiveness.
He suggested some key reform initiatives, which include the elimination of interlocutory appeals, preventing judges’ abuse of ex-parte orders and the eradication of the requirement for the Attorney-General’s consent as a condition for the execution of monetary judgments.
Akpabio said: “We must try and curb the misuse of ex-parte orders in political cases by our judges. To curb it, the National Judicial Council (NJC) must exercise stringent oversight.
“We recommend prompt and decisive punishment for judges who are found to abuse their authority in this manner.
“We further propose that the National Judicial Council (NJC) establishes clear and detailed standards governing the issuance of ex parte orders, accompanied by a defined set of sanctions for violations.
“These sanctions should be severe enough to serve as a deterrent against future abuses
“We recommend that the NJC should conduct regular audits and reviews of ex parte orders issued by judges to ensure compliance with established standards.
“This proactive approach will help in identifying patterns of abuse early and in administering corrective measures promptly.
“In addition to punitive measures, we also emphasise the importance of ongoing training and education for judges on the ethical and responsible use of judicial discretion in issuing ex parte orders,” he said.
On the need to reform lawyers/litigants’ approach to interlocutory appeals in civil cases, Akpabio said: “Currently, these appeals often cause unnecessary delays, prolonging litigation and burdening our courts.
“As was done in the criminal jurisprudence during the enactment of the Administration of Criminal Justice Act 2015, we propose that all appeals in civil cases should be taken only after the conclusion of the substantive case.
“This change will accelerate judicial processes, reduce backlog, and ensure that litigations are not unduly prolonged by intermediate appeals.
“Another area requiring urgent reform is the need for obtaining the Attorney-General’s consent before executing judgments.
“This requirement often acts as a bottleneck, delaying justice and undermining the autonomy of our judicial system.
“We propose modifying this requirement to facilitate a swifter execution of judgments, thereby enhancing the efficiency and effectiveness of our justice system.
“We propose replacing the requirement for the Attorney-General’s consent with a mandatory notification system,” the Senate President said.
Chief Justice of Nigeria (CJN), Olukayode Ariwoola, called for a holistic reform of the system to eliminate existing systemic challenges.
Justice Ariwoola said: “We must address systemic issues that undermine the integrity of our justice system, including corruption, inefficiency and undue influence.
“Upholding the independence and impartiality of the Judiciary is paramount as it is the cornerstone of a functioning democracy and a guarantor of the rule of law.”
The CJN noted that access to justice currently remains a distant reality for far too many Nigerians, with barriers ranging from procedural complexities to socio-economic disparity.
He said the quest for justice should not be a privilege reserved for the privileged few, but a right accessible to all, regardless of their circumstances.
Justice Ariwoola added: “Therefore, it is incumbent upon us to embark on a journey of comprehensive reform to ensure that justice is not only dispensed but also perceived to be dispensed fairly and impartially.
“Constitutional, statutory and operational reforms are imperative if we are to reposition the justice sector for the 21st Century.
“We must critically examine our legal framework, identifying gaps and inconsistencies that hinder the efficient administration of justice.
“Moreover, we must be bold in our pursuit of legislative reforms that reflect the evolving needs of our society, while upholding the principles of fairness, equality and human rights.
“We must leverage technology and innovation to streamline court processes, reduce delays and improve the overall efficiency of our judicial system.
“By embracing digital solutions, we can enhance transparency, accountability and public trust in the administration of justice,” the CJN said.
Fagbemi explains reasons for the summit
Attorney-General of the Federation (AGF) and Minister of Justice Lateef Fagbemi (SAN) explained the summit was part of an effort by the Federal Government to address the many challenges plaguing the justice system.
Fagbemi recalled that similar summits were held in 2017 and 2022, adding that the 2024 edition “offers us an opportunity to assess the successes recorded and challenges faced since these last summits.”
He said the 2024 summit allowed participants to measure the impact of the reforms initiated by the National Policy on Justice (2017 – 2023) in the key areas of administration of justice – law enforcement, judicial proceedings, correctional services, restorative and traditional justice, legal education and practice, among others.
The AGF added that a major objective of this year’s summit was to validate and adopt the revised National Policy on Justice, 2024 – 2028 which is the product of extensive research work and consultations undertaken by critical stakeholders in the justice sector.
Fagbemi said: “It provides a comprehensive assessment, review and consideration of issues militating against effective administration of justice and a well-articulated broad road map of initiatives, actions and responsibilities for addressing and repositioning the justice sector to effectively and efficiently discharge its duties in enhancing national security, upholding the rule of law, promoting the protection of human rights, democratic principles and the socio-economic development of our nation.”
Adoption of national policy on Justice
Shortly after the opening session on April 24, the validation of the National Policy on Justice was conducted by an official of the Federal Ministry of Justice, Felix Ota-Okojie, following which a motion for its adoption was moved by the former Attorney General of Ekiti State, Wale Fapohunda (SAN) and seconded by Mrs. Boma Alabi (SAN).
The national policy on justice was subsequently adopted by the summit as proposed.
According to the AGF, the National Policy on Justice 2024 to 2028 will now serve as a roadmap, paving the way for a more efficient, equitable and responsive justice system for all Nigerians.
Scope of the summit
Subsequently, the summit went into three sessions.
The first session had as its main theme: “Judicial appointments/selection,” with three sub-themes – “Assessing the performance of the NJC in discharging its responsibility for judicial appointments into the superior courts of record,” “examining the structure and role of the State Judicial Service Commissions (SJSC) in the judicial appointments process,” and “philosophical underpinnings of the judicial appointments process: Structural and constitutional dimensions and the proposals for constitutional and legislative reforms”.
The second session, with the theme: “Examining the efficiency of the current constitutional framework for the funding, administration and budgeting for the Judiciary in the allocation of resources and accountability on the part of the Judiciary.”
It had as its sub-theme – “Examining various models for professionalising the administration of courts, whilst ensuring the independence of the Judiciary and proposals for constitutional and legislative reforms.”
Session three dealt with “Eradicating delays in the administration of justice: Agenda for leveraging the rules of procedure and effective case management in Nigeria: Focus on the Administration of Criminal Justice Act/Laws and the Administration of Civil Justice law.”
The session also examined the sub-theme: “ Discipline at the Bar and on the Bench – The case for enhanced disciplinary powers, performance, management and court monitoring.”
Need to reduce CJN’s powers in judicial appointments
The first panel assessed the performance of the NJC in discharging its responsibility for judicial appointments into the superior courts of record.
The panel was moderated by Mrs. Funke Adekoya (SAN), with the President of the National Industrial Court of Nigeria (NICN), Justice Benedict Kanyip, Dr. Oliver Stolpe of the United Nations Office on Drugs and Crime (UNODC), Prof. Ameze Guobadia of the Faculty of Law, University of Lagos and former member of the NJC, Muiz Banire (SAN) as members.
Members of the panel were unanimous that there was a need for a significant review of the role of the NJC in judicial appointments into the superior court of record.
They expressed concern about the current arrangement where the CJN, who is the Chairman of the NJC, is also the Chairman of the Federal Judicial Service Commission (FJSC), which is the body that initially reviews proposals or lists of candidates by appointment into judicial office.
Members of the panel noted the seeming inconsistency between the CJN acting in both capacities, arguing that it would appear that the CJN was recommending candidates to himself, being Chairman of both bodies and also being the person who appoints a significant number of the members of both the NJC and the FJSC, other than those who are statutory members.
The panel also considered the
reform proposals presented by the Nigerian Bar Association (NBA), which were subsequently approved in modified form.
However, the general consensus among members of the first panel was that there was a need to reconstitute both the NJC and FJSC to limit the influence of the CJN on judges’ selection and appointment.
Need for recomposition of SJSCs
The second panel, which examined the role of the State Judicial Service Commissions (SJSCs), was moderated by Dr. Uju Agomoh of the Prisoners’ Rehabilitation And Welfare Action (PRAWA).
Other panellists were a retired judge of the Kogi State High Court, Justice Alaba Omolaye-Ajileye; immediate past Attorney General of Oyo State, Prof. Oyelowo Oyewo (SAN), former Attorney-General of Ekiti State, Wale Fapohunda (SAN), and ex-Attorney General of Jigawa State (who is the current Chairman of the Independent Corrupt Practices and Related Offences Commission (ICPC), Dr. Musa Aliyu (SAN).
Members of the panel also agreed that there was a need to tinker with the way the various SJSCs perform their roles.
It was suggested among others, that the composition of the SJSCs should be more diverse to reflect the interests of the users of the justice sector.
Justice Omolaye-Ajileye particularly noted that the current NJC Guidelines may have subverted the aim of the constitutional provision, which empowers the SJSCs to make judicial appointments.
He observed that the NJC guidelines, rather than authorising the SJSCs to prepare a shortlist of potential candidates for judicial appointments, appear to direct that responsibility solely to the Chairmen, who are Chief Judges of the states.
Given Justice Omolaye-Ajileye’s observations, members of the panel suggested among others, that, in relation to the composition of the SJSCs, in the short term, even before the stage of constitutional amendments, the measure that could easily be adopted is to amend that aspect of the NJC Guidelines to make clear that the development or preparation of shortlist of candidates for judicial appointments should be the duty of the entire members of the SJSC in each state and not solely by the Chief Judge.
Need for review of judicial appointment process
The third panel examined the philosophical underpinnings of the judicial appointments, process, structural and constitutional dimensions and proposals for constitutional and legislative reform.
Moderated by a former Attorney General of Plateau State, Prof. Dakas C.J. Dakas (SAN), the panel had ex-President of the NBA, Dr. Olisa Agbakoba, Yusuf Ali (SAN), Joseph Otteh of Access for Justice and the Acting Director of the Bingham Centre for the Rule of Law in London, England, Dr. Jan van Zyl Smit as members.
Members of the panel considered the general approach that ought to be taken to reform the judicial appointments process.
They underscored the point that the focus should be on increased transparency in the appointment process, with an emphasis on meritocracy and a focus on meaningful performance evaluations of those who seek judicial office.
The panel recommended among others, the codification of the judicial appointments process to ensure that the discretion, currently witnessed in the appointments process, is reduced to the barest minimum.
Re-examining funding process for Judiciary
The fourth panel, moderated by Dr. Babatunde Ajibade (SAN), addressed issues relating to funding, budgeting and administration for the Judiciary.
Other members of the panel were the retired President of the Court of Appeal, Justice Isa Ayo Salami, retired Justice of the Court of Appeal, Justice Oludotun Adefope-Okojie and Robert Emukpoeruo (SAN).
The panel examined the efficiency of the current constitutional framework for the funding administration and budgeting for the Judiciary, the allocation of resources and accountability on the part of the judiciary.
Members agreed that there was a need for significant reform given the realisation that the current process for funding the courts was inadequate.
As the panel progressed in its activities, it became obvious that the provisions of the constitution as contained in the Fifth Amendment, that funding for the state courts should be a joint effort of the Executive and the Judiciary, was not being implemented in the majority of the states.
It was also discovered that the funding for the Judiciary at the federal level was better than the case of the Judiciary at the state level.
Need to professionalise court administration/management
The fifth panel reviewed various models for professionalising the administration of the courts, whilst ensuring the independence of the Judiciary.
It also took a look at existing proposals for constitutional and legislative reform needed for that purpose.
Moderated by Dr. Ajibade, other members included the Chief Judge of Borno State, Justice Kasim Zannah; Dr. John Sorabji of the University College London (who participated virtually) and the immediate past ICPC Chairman, Prof. Bolaji Owasanoye.
It was agreed that there was a need to professionalise the administration of the courts; and a need to appoint persons with clear administrative experience, to be selected through a transparent process, to administer the courts.
This arrangement, it was agreed, would separate the administration of the courts from the administration of justice.
Members were equally unanimous on the need to professionalise the administration of the courts since judges are, by their training, not versed in administration or management, but are trained to adjudicate over cases.
However, the area of debate was the need to separate the administration of the courts from the administration of justice, and who should exercise the power to appoint these administrators to ensure that the independence of the judiciary was not subverted.
It was agreed that the issue was something that should be taken back and debated in the course of drafting the appropriate legislation.
Reducing Supreme Court’s workload
The sixth panel examined ways of eradicating delays in the administration of justice; an agenda for leveraging the rules of procedure and effective case management in Nigeria.
In this regard, emphasis was on the two procedural laws – the Administration of Criminal Justice Act/Laws and the Administration of Civil Justice Law.
Moderated by Prof. Peter Akper (SAN) of the Nigerian Institute of Advanced Legal Studies (NIALS), the panel had as members former Attorney General of Delta State, Isaiah Bozimo (SAN), Babatunde Fagbohunlu (SAN) and the Special Assistant to the President on Justice Sector Reform, Fernandez Marcus-Obiene.
The panel considered several proposals and strategies that could be adopted to enhance the speed of justice delivery in the country.
Among others, the panel considered the importance of limiting the jurisdiction of the Supreme Court to ensure that cases that would go to the apex court would only be those of significant national importance.
They added that such cases should only be allowed after leave of the Supreme Court is first sought and obtained.
The discussants suggested that the automatic right of appeal to the Supreme Court should be severely curtailed and be limited only to cases relating to the office and the election into the office of the president of the federation, Vice President and governors of the states.
Taming indiscipline among judges, lawyers
The seventh and final panel, moderated by Dr. Anthony Idigbe (SAN), dealt with discipline at the Bar and on the Bench, the case for enhanced disciplinary powers, performance management, and court monitoring.
Other members of the panel were Justice Mohammed Garba of the Supreme Court, retired judge of the Lagos State High Court, Justice Olusola Williams, President of the Centre for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George (SAN) and Miss Hadiza Usman of Partners West Africa (Nigeria)
Panellists spoke about the problems with indiscipline among judges and lawyers and noted that the issue of indiscipline at the Bar and on the Bench constitutes a major contributor to the current inefficiency of the system and the lack of public confidence in its ability to deliver justice.
At the close of discussions, members agreed that major steps needed to be taken, in identified areas, to enhance the quality of justice delivery and increase public confidence justice delivery system.
As noted by the Chairman of the summit’s Joint Planning Committee, Dr. Ajibade, the consensus at the end of the summit was that the issues raised were significant.
He added that there was a commitment by the AGF and by all present, who listened to the discussions and deliberations at the summit, that there was a need to convert the resolutions into draft legislation that will be presented to the National Assembly for inclusion in the ongoing constitution review process.
Dr. Ajibade added that it was expected by all participants that recommendations that do not require an amendment to the Constitution should be implemented almost immediately.
