Restoring public confidence, tackling misuse of ex-parte orders, better use of technology to tackle delays, and heavier sanctions for abuse of court processes are some of the new year agenda set for the Judiciary by legal experts, reports ANNE AGBI.
Legal experts have called for reforms to reposition the judiciary as the last hope of the common man.
The speed of justice, the unsettling rise of conflicting court orders, and the deteriorating relationship between the Bar and Bench have dominated conversations within the legal community and must be addressed, they said.
With renewed expectations from the Chief Justice of Nigeria (CJN) Kudirat Kekere-Ekun and other court heads, lawyers expect 2025 to be a transformative year marked by judicial integrity and efficiency.
From demands for technological innovation to improved case management and firm action against unethical practices that undermine public trust, they made it clear that the time for bold reforms is now.
‘Judiciary must regain public trust’
Senior Advocate of Nigeria (SAN) Chief Ifedayo Adedipe called for reform.
He called on the leadership of the judiciary to restore public confidence by addressing the widespread negative perception of judicial processes.
“The judiciary must be seen as a beacon of hope and fairness, not a source of controversy.
“Judges should avoid issuing orders that complicate rather than resolve crises,” he said.
Adhere to court rules
Adedipe emphasised the need for strict adherence to court rules to ensure the swift dispensation of justice.
“One of the ways to encourage timely justice is to enforce compliance with court rules, particularly in allocating time for case presentations.
“When lawyers realise that failing to do the needful can harm their cases and careers, they will act more responsibly,” he said.
Reject frivolous applications
He warned against allowing “clever lawyers” to tie up cases with frivolous applications, adding: “Sanctions should be imposed on those who abuse the system, but we must also be careful not to stifle genuine complaints.”
Enhance judges’ working tools
Adedipe highlighted the challenges judges face due to inadequate resources and outdated processes. “Judges need access to well-stocked libraries, competent legal assistants, and good administrative staff.
“Without these, they are working with one hand tied behind their backs,” he said.
He advocated for the increased use of technology.
“Virtual hearings for non-contentious matters should be the norm, and administrative tasks should be delegated to court registrars to free up judicial time.”
Lawyers must defend judges
Praising the working relationship between lawyers and the courts, Adedipe acknowledged the mutual respect evident in higher courts, such as the Supreme Court and the Court of Appeal.
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He, however, expressed concern about the attitude of some lawyers toward unfavorable judgments.
“The respect lawyers receive from these courts is commendable.
“Disagreeing with a judgment does not justify disrespecting the Bench.
“Lawyers must remember that judges cannot defend themselves in the media.
“The proper response is to challenge decisions through appropriate legal channels, not public criticism,” he noted.
Tackle abuse of ex-parte orders
Addressing the controversy surrounding ex-parte orders, Adedipe explained that the problem often stems from a misunderstanding of their purpose.
“Ex-parte orders are part of court rules, but confusion about their application leads to errors.
“Even judges can misinterpret these provisions, creating contradictions with established legal principles,” he observed.
He called for careful examination of case details to differentiate between genuine mistakes and manipulation of facts.
“When trial judges make orders outside their jurisdiction, it raises suspicion.
“Manipulation of the judicial system is unmistakable and must attract severe penalties to deter future abuse,” he said.
Adedipe commended the CJN for her proactive reforms, describing the 2024 Supreme Court rules as a positive step.
“The Honorable Chief Justice has shown her readiness to address systemic challenges. Her actions signal a serious commitment to reform,” he said.
He urged further action to prevent incidents like the Plateau State election petition controversy from recurring.
“We must ensure that our judiciary reflects the highest standards.”
Adedipe reminded the public that judges are bound by facts and legal precedents, not personal opinions.
“The judiciary is founded on settled principles.
“A judge must not act on sentiment or substitute personal views for the evidence before him.
“What appears as bias is often the judge’s correct interpretation of the law,” he explained.
Safeguard judicial independence
Adedipe stressed that safeguarding judicial independence requires a merit-based selection process.
“If merit is not the primary factor in appointing judges, we risk a judiciary beholden to political interests rather than justice,” he warned.
He also highlighted the importance of accountability, emphasising that rules and regulations must be enforced without favouritism.
“Failure to enforce guidelines undermines accountability and disrupts the system,” he cautioned.
He called for a more informed public discourse on judicial matters whilst noting that commentators need to understand that the law is guided by evidence and procedure, not public sentiment.”
Address speed of justice challenges
A Chartered Arbitrator, Mrs. Adedoyin Rhodes-Vivour (SAN), emphasised the importance of building strong institutions capable of fostering public trust and encouraging investment in the Nigerian economy.
She described the Judiciary as a key institution and reiterated the need for continuous reform on the pace of matters before the courts.
She discussed the root causes of delays and offered insights into potential solutions to enhance the efficiency of the Nigerian court system.
Mrs Rhodes-Vivour acknowledged that the slow pace of justice is a critical issue capable of undermining public confidence in the Judicial system.
She pointed to the well-known IPCO case in which an English court highlighted the slow pace of the Nigerian Court system.
She commended the reforms that have been introduced in the past including case management systems, court-connected ADR, electronic filing, electronic payment platforms and filtering of cases to the appropriate procedure.
She advocated the need to utilise technology and computerisation to a greater extent.
Litigation culture and alternatives to court battles
One of the key factors contributing to the delays, according to Mrs Rhodes-Vivour, is the increasingly litigious nature of Nigerians.
She urged a shift towards alternative dispute resolution (ADR) methods, including mediation, arbitration, and expert determination.
“Nigerians are not utilising these alternative dispute resolution mechanisms as much as they should,” she stated.
“If you really have a dispute and your interest is ensuring that it is resolved expeditiously, efficiently and fairly you ought to be looking for the best door to resolve that dispute.
“Unfortunately,” she observed, “delays are also creeping into these alternative doors through of times the unethical conduct of counsel.”
Mrs. Rhodes-Vivour pointed out that some parties with the collusion of counsel intentionally delay cases by filing frivolous applications and lawsuits.
“They file frivolous unnecessary applications, just as a way to delay justice or prevent the other party from reaping the fruits of judgments or arbitral awards,” she said.
The role of lawyers
Mrs. Rhodes-Vivour stressed the role of lawyers in ensuring their professional duties to the court.
“Lawyers should pay more attention to the Rules of Professional Conduct.
“Lawyers are officers of the court and should play an active role in advising clients against pursuing cases that serve no legitimate purpose.
“Lawyers have a great role to play in ensuring that justice is expeditious.
“They are officers of the court, and they should not file frivolous suits or accept briefs that only serve to harass or maliciously damage another party.
“Lawyers should bear in mind at all times our general responsibility as lawyers and ethical rules governing relations with our clients.”
Mrs Rhodes-Vivour pointed out lawyers have a role to play in economic development.
She added that criticising or disparaging our country and its institutions is counterproductive.
According to her, potential investors often look to the efficiency of the court system before making investment decisions.
“We should all be worthy ambassadors of our nation and work to improve our systems -not disparage our Institutions.
“When investors are considering investment decisions, one of the first things they want to know is the state of your court system.
“If a dispute arises, is it going to be resolved quickly, efficiently and fairly?”, she said.
Mrs Rhodes-Vivour called for greater collaboration between the Bar and the Bench to drive meaningful judicial reforms.
“The Bar and the Bench should work together. They should not be seen as working from opposite ends or unduly criticising the other.
“That is not the Legal tradition as we used to know it or one we want to leave for future generations.”
On the issue of judicial accountability, Mrs Rhodes-Vivour stressed the importance of appropriate disciplinary mechanisms to address unethical behaviour by judges and lawyers alike.
However, she cautioned against frivolous complaints and petitions being used as instruments of intimidation.
“When you know that a judge has really acted unethically, write to the appropriate body responsible for disciplining judges.
“Desist from penning frivolous complaints to tarnish a judge’s reputation unfairly.
“Where there are any bad eggs the appropriate body should mete out appropriate penalties.
“If you are dissatisfied with a court judgement on legitimate grounds the appellate system is there.
“Lawyers also have the opportunity to write scholarly reviews of court judgments which aid the development of the law.”
Award heavy penalties for abuse
She commented on the need for heavy-cost penalties to deter the misuse of the court system as is the case in other jurisdictions.
“Heavy financial sanctions can deter the abuse of the court system,” Rhodes-Vivour asserted.
On abuse of ex-parte orders, she said:
“Judges and counsel must adhere strictly to the laid down principles and procedures for granting ex-parte orders to prevent abuse of such orders.
“Ex-parte applications by their nature are granted without notice to the other party but should be the exception rather than the rule and be restricted to appropriate cases and in instances of real urgency and in exceptional circumstances.”
Mrs. Rhodes-Vivour expressed confidence that the CJN would continue the work of strengthening the judiciary.
She called for reforms that would reduce the number of cases that go to the Supreme Court, such as limiting litigants’ right to appeal albeit with consideration for the constitutional right of appeal.
Such reforms, she said, should help to clear the backlog of cases in all courts and promote the use of case management systems, further encouraging ADR and technological advances.
“I’m sure she knows the challenges exist and at the end of her tenure, her Lordship will be leaving a commendable heritage.”
Tackle judicial corruption, political influence
Ike Ofuokwu, a constitutional lawyer, expressed his profound disillusionment with the current state of Nigeria’s judiciary.
He highlighted the erosion of public trust in the judicial system, which he believes was driven by political expediency and patronage.
“Regrettably, I’m one of those many people who have lost hope in our judicial process since it was commercialised for the highest bidder.
“I have no expectations beyond the impunity we’ve witnessed over the years,” he remarked.
According to Ofuokwu, the commercialised nature of the judiciary has led to a “corruption epidemic”.
He noted that many judicial workers have turned into “justice hawkers”, acting as intermediaries for judges, undermining the very fabric of justice.
“Our courts have been turned into vaudeville stages, with dilettantes who lack expertise but have strong commercial interests,” he said.
Ofuokwu lamented the increasing political influence over court decisions, which has contributed to a delay in justice delivery.
He pointed to the prevalence of predictable bail outcomes and judgments for politically exposed individuals.
“Judges are almost shamelessly deferential to these characters in court.
“Until appointments to the bench are reversed to what it used to be, that is, purely merit and we jettison the appointment on connection and political expediency, nothing should be expected from the judiciary.”
Ofuokwu called on the CJN and other judicial leaders to take decisive action to root out corruption from the bench.
“The CJN should ensure that corrupt judges and judicial staff are weeded out, without waiting for litigants to expose them”.
Holistic reforms needed
Another senior lawyer, Jonathan Iyieke called for urgent reforms, emphasising its fundamental role in a democratic society.
Describing it as the “last hope of the common man,” he acknowledged the growing public scrutiny of the judiciary and its declining reputation.
He said: “There is a great need to reemphasise the importance of the judiciary in any democratic government, whether in Nigeria or outside Nigeria.”.
Iyieke stressed that the judiciary is “the pillar, if not the supreme foundation, of the essence of life.
“Judiciary of late has earned multifarious names, and its role in justice delivery has come under critical criticism.
“This calls for an urgent restoration of the fast-fading fame of the judiciary in Nigeria,” he stated.
He called for a complete overhaul of the justice delivery system to uphold the rule of law.
“The judiciary in 2025 should be the one anticipated in Section 6(6) of the 1999 Constitution as amended — a judiciary not reserved for the privileged and affluent, but for both the rich and poor alike.”
Iyieke expressed concern about the perception of widespread corruption in the judiciary.
“The opinion that justice in Nigeria is a waste of time and resources due to bribery and perceived bidding for judgments must be scrutinised, investigated, and addressed,” he said firmly.
Address delays, punish indolence
He emphasised that delays in cases equate to denial of justice.
“Case management must be improved, and contradictions in judgments across various courts of coordinate and appellate jurisdictions must be rooted out,” Iyieke argued.
He also called for action against judges and magistrates who sit late or rarely appear in court, saying: “Judges who do not prioritise their duties must be cautioned and warned.”
Go tough on lawyers who abuse rules
Iyieke criticised frivolous applications filed by lawyers to prolong cases unnecessarily.
“Judges should discourage lawyers from filing frivolous applications that delay justice.
“Such tactics serve no one but undermine the integrity of the legal system,” he explained.
According to Iyieke, the Chief Justice, through the heads of courts, must ensure that the entire judiciary, from the Supreme Court down to the lowest courts, abide by the rules of justice.
“The apex court must set the machinery in motion to eradicate corruption.
“Judges and officials found guilty of corrupt practices must be sent to prison to prevent the prevarication of justice,” he stated.
For activist lawyer Tope Alabi, public confidence in the judiciary has waned due to excessive delays.
He noted that while judges sometimes fall ill or attend official duties, delays largely stem from lawyer-induced tactics.
“Delayed justice weakens the fabric of society. The judiciary must adopt measures that ensure cases don’t last decades.
“We must all do better, lawyers, judges, and the system itself, to uphold justice effectively,” he said.
Alabi expressed disappointment over the slow pace of justice delivery in Nigeria.
“I have many expectations from the judiciary, but the most urgent is expedited action on pending suits.”
He acknowledged that lawyers contribute significantly to delays in the justice system.
Cut down on long adjournments
Alabi cited instances where lawyers failed to show up for hearings or delayed proceedings with technical applications.
“We, as lawyers, must take responsibility. Some bring frivolous applications knowing they’ll be rejected but still file appeals that drag cases for years.
“This is common in EFCC and ICPC matters, where appeals go up to the Supreme Court, frustrating the process.
“Sometimes, cases are delayed because hearing notices must be served at least twice before striking out matters.
“In Lagos, where over 80 per cent of cases are filed, adjournments can span months. This extends timelines unnecessarily.”
He further pointed to land and criminal cases as examples of matters that become so delayed that critical witnesses die, leading to collapsed cases.
“When cases last 15 to 20 years without resolution, people resort to self-help, which undermines the rule of law.”
Adopt stricter case management methods, administrative efficiency
Alabi urged the judiciary to adopt stricter case management strategies to strike out cases lacking merit and prioritise public trust by ensuring justice is timely and effective.
Commenting on the relationship between the bar and bench, Alabi emphasised the need for leaders who understand active litigation.
“Many NBA leaders have no real courtroom experience.
“When we share our challenges, it feels like speaking in tongues. Leaders must be active practitioners to advocate for effective reforms,” he said.
Alabi explained that outcomes depend on the facts, evidence, and quality of legal representation.
“Conflicting judgments are not always due to judicial error.
“A well-drafted process can win a case, while a poorly presented argument may lose a similar one,” he said.
He added that the judiciary must prioritise training for lawyers to improve their skills, reducing inconsistencies in judgments.
Alabi further noted that what matters is the strength of the evidence presented, whether the application is made ex parte or on notice.
“A good lawyer can win a weak case, while a bad lawyer can lose a strong one. Judges rely on the documents before them, not personal interests,” he stressed.
Alabi called on the CJN to ensure a renewed focus on administrative efficiency.
“The Chief Justice must ensure cases are not delayed unnecessarily and supervise courts effectively.
“Courts should strike out stale cases and prioritise serious ones to restore public confidence.”
