The Nigerian Bar Association (NBA) has asked judges and court managers to urgently take steps to address existing doubt in public domain about accountability in the nation’s judicial system.
The President of the NBA, Afam Osigwe (SAN), who made the call, said “the perception by more Nigerians is that our courts do not give justice, waste a lot of time, are corrupt, and do not protect the indigent, rights, and interests of the citizens.”
Osigwe spoke in Abuja on Monday at a special court session to mark the ceremonial commencement of the Federal High Court’s 2024/2025 legal year, which officially commended in September.
The NBA President added: “This perception appears to be highest for judicial decisions in electoral and political cases.
“Some of these decisions not only do violence to laid down precedents but also introduce a lot of uncertainties and contradictions/ conflicts into our jurisprudence.
“It worries us that there is a growing belief by many Nigerians that judgments can be influenced by extraneous factors. These perceptions erode trust in our judicial institutions.
“This perception, regardless of its accuracy, must be addressed urgently to preserve the judiciary’s integrity as the last hope of the common man.
“The judiciary’s responsibility is to ensure that justice flows unimpeded, meeting the public’s demand for justice, equity, accountability, and just resolution of disputes.
“Courts are not merely to adjudicate cases, they must safeguard the rights and freedoms of all Nigerians and uphold the sanctity of the law.
“I will use this opportunity to remind us that while the judiciary is the custodian of justice, public trust in its integrity must be maintained,” he said.
“Negative perceptions, whether founded in reality or misrepresentation, must not be ignored. It is therefore incumbent upon all stakeholders to close this gap through transparency, accountability, and the consistent delivery of impartial justice,” he said.
Osigwe, who frowned at the practice of forum shopping among lawyers and litigants, said “we must all ensure that judicial independence is not only guaranteed but actualized.
He added: “The judiciary must be insulated from political, financial, or social pressures that may compromise its role as an impartial arbiter.
“Judges must remain steadfast in their commitment to justice and free from undue interference.
“Equally, judicial officers, who deviate from ethical and professional standards must be held accountable to maintain public confidence in the system.
“We must make a conscious decision to ensure that judicial officers who give decisions that neither accord with laws, facts, or judicial precedents are seen off the bench, and ensure that lawyers who are involved in such cases are equally disciplined.
“It is now a common belief that litigants and their lawyers, not only shop for judicial divisions for their cases but sometimes also shop for judges.
“Shopping for judicial divisions or judges, where this happens, must be treated as proof of an attempt to corrupt judges or actual corruption of judicial officers.
“Forum shopping, whether by choosing judicial divisions or judges to obtain favorable outcomes, must also be treated as an attempt to compromise the independence of the judiciary.
“Indeed, it is an indication not to observe the rule of law, promote and foster the cause of justice, and maintain a high standard of ethical conduct by the persons involved in it.
“It suggests a deliberate attempt to manipulate the process of justice, which is tantamount to corrupting judicial officers or even outright corruption.
“We unequivocally condemn these practices and are committed to collaborating with the judiciary to eradicate it.
“Lawyers who engage in forum shopping not only violate the ethical codes that govern our profession but also erode public trust in the legal system. Such conduct should not be tolerated,” he said.
Osigwe noted that the new legal year offers an opportunity for all justice sector stakeholders to reaffirm their commitment to foster public trust in the Judiciary by continuing to champion justice, accountability, transparency, and impartiality in every case, every decision, and every interaction.
He added: “We must therefore continue to streamline processes and prioritize swift and effective justice delivery.
“An efficient judiciary is one that not only fulfills its mandate but also commands the respect and confidence of those it serves.
“As we commence this new legal year, let us rededicate ourselves to advancing the principles of justice, accountability, and respect for the rule of law.
“Nigerians look to the judiciary for protection and upholding of their rights. Let us not fail them. Our commitment to justice must be unwavering.
“For the judiciary to be effective, it must hold itself to the highest ethical standards. Every interaction, every ruling, and every act of judicial conduct should reinforce the principles of fairness, impartiality, and justice.
“As legal practitioners, we have a role in this. The Bar and Bench must work in partnership to uphold the rule of law and ensure that we always foster an environment where the rights and freedoms of all citizens are respected and protected.”
He tasked the Federal High Court and other courts to continue to uphold the mandate with fairness, efficiency, and independence.
Osigwe added: “The court must Improve access to justice by developing the courts to be user-friendly, applying technology to speed up the filing and service of court processes, disposing of cases promptly, and putting in place measures that ensure quick dispensation of justice without resorting to technicalities, delays or time-wasting measures.”
