The judiciary is on trial due to delays, systemic inefficiency and corruption, Federal High Court Chief Judge, John Tsoho, said yesterday.
He said inefficiency allows unethical practices to thrive, but that the issues are being addressed.
The CJ, who lamented that judges are overworked, stated that there is a need to adopt measures that would decongest the dockets.
He recommended the introduction of specialised tribunals to deal with certain disputes to limit what comes to the court for adjudication.
Also, Nigerian Bar Association (NBA) President Mazi Afam Osigwe (SAN) stressed the need to limit the appeals that reach the Supreme Court.
He believes landlord-tenant issues and minor theft cases should be decided at either the High Court or Court of Appeal to allow the Supreme Court to operate as a policy court.
Justice Tsoho and Osigwe spoke during a session at the NBA Annual General Conference in Enugu State, with the theme: “Stand out, stand tall!”
The CJ, represented by Justice Mabel T. Segun-Bello of the Enugu Division, believes the tribunal model for the adjudication of specific matters will lighten judges’ workload.
He said: “I am not saying that tribunals should take the work of judges.
“But what I am saying is that the tribunal model, which is a specialised or quasi-judicial forum for resolving specific types of disputes, should be considered.
“Most judges are overburdened, so they are quick to adjourn cases on the slightest mistake by counsel.
“A judge’s work starts when he is done sitting in court hearing cases – from signing orders to writing rulings and judgments.
“These specialised tribunals can take specialised cases with informal procedures other than the traditional courts.
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“These can include immigration tribunals, intellectual property tribunals, environmental tribunals, etc. We have similar models around the world.”
Justice Tsoho described inefficiency as the “greatest sponsor of corruption”.
“If a system is not working efficiently, you have provided a feeding field for corruption to thrive,” he said.
He recalled that a corrupt affidavit system in a court in Abuja, where even business centres were issuing affidavits, was solved through “a digital infrastructure.”
“If the structure is not in place, such as a photocopier not working, users will look for easy alternatives.
“Justice is on trial for multiple reasons such as delays, systemic inefficiency, corruption, bureaucratic bottlenecks and inconsistent judgments,” Justice Tsoho said.
On what needs to change, he said the digitalisation of the judiciary is both urgent and essential.
He regretted that some of the key players are not embracing digital tools and technology.
“How many lawyers use AI assistance? AI cannot take our jobs because our jobs are rooted in human nuances, but a lawyer who is not AI-compliant will lose his job to a lawyer who is,” Tsoho said.
The CJ added: “Reform is not an option. It is imperative. Let us move from tradition to transformation.
“Justice must be seen to be swift, just and serve.”
NBA President advocates limits to appeals
Osigwe stressed the need to reduce the number of matters that go on appeal to the Supreme Court.
“The Supreme Court should be a policy court. Cases on tenancy, stealing of chicken – these should not get there,” he said.
He said the NBA will set up a support fund for lawyers to offer free legal services in all branches.
Osigwe lamented that the pro-bono system is now being abused by lawyers who merely use it to fulfil the requirement for conferment of the rank of Senior Advocate.
He said such lawyers abandon the cases once they attain the rank.
The NBA President added: “There is now a black market in the Correctional centres where prison officers sell these cases to lawyers.
“We have proposed setting up a pro-bono fund, and we will do that immediately after the conference.
“All branches will be directed to set up a pro-bono desk that will be manned by young lawyers or volunteer senior lawyers.
“The Committee will be chaired by Abiodun Owonikoko (SAN).”
He believes Custodial Centres are congested partly because some judges impose too stringent bail conditions that are difficult to meet, even for offences that may seem minor.
“Insisting that a surety must show evidence of land ownership in FCT, and titles to be verified – that’s nonsense.
“Sometimes they keep suspects locked up after they have perfected their bail conditions.
“Why can’t the identity of a surety be verified through BVN or NIN?
“In some court divisions, the court registrars have become monsters.
“You must give them N1million before they go on the verification exercise after someone has been granted bail.
“Why should the court subject itself to these officials or the prosecutor?
“Until judicial officers stop becoming tools in the hands of complainants or prosecutorial agencies to simply secure a remand, the Custodial Centres will be overstretched.
“But we must dedicate ourselves to helping those in society who are not able to help themselves,” Osigwe said, promising that the NBA will do more.
