When one hears the word judiciary, they are immediately transported to
the legal system, where judges and attorneys wear flowing robes and curly wigs
on their heads.
The collective group of judges, justices, etc. is referred to as the
judiciary, according to the English dictionary. That is the legal system,
including support staff.
The three branches of government in Nigeria are the Executive, the
Legislative, and, of course, the Judiciary, which is the focus of our
discussion.
According to some, the last bastion of the common man's hope is the
judiciary, a purportedly independent branch of the government. In fact, the
common man suffers the most from the enduring issues with the Nigerian
judiciary.
This brings to mind a discussion between a renowned judge and an English
cab driver. The driver initially told the judge he did not know of any such
place but eventually drove him to the "court of law" after the judge
had mistakenly asked him to take him to the "court of justice".
"This is the court of law," the driver announced upon arrival.
The wise judge pondered this innocent word and came to the conclusion that,
despite their best efforts, justice is not always guaranteed in a court of law.
Wow, how shocking!
The guardian of the law is the judicial system. In the strictest sense, a
law is a set of regulations and standards of behavior that a state imposes on
its citizens and then has the courts uphold.
We can thus picture the horrors that would result from a flawed judicial
system.
Here are the Major 10 Problems of Judiciary in Nigeria and Possible Solutions
1. Law Enforcement Ignorance
I was curious as to why a particular family, who had won a legal battle
over a land dispute and was in possession of a copy of the judgment, continued
to have trouble getting on their property because it had been taken over by
thugs who were land grabbing.
The family secretary informed me that the police will not uphold the
court's decision if they are unable to receive substantial funding to carry out
a court order, which is their constitutional duty. All signs pointed to the
family being very underprivileged.
This illustrates how difficult it is for common people to obtain justice
even after going through the rigors of court proceedings and finally receiving
verdicts because they are unable to get the police involved.
Possible Solution:
By closely observing law enforcement officials to see if they sincerely
enforce court orders without accepting bribes, the Executive and Legislature
must make sure that they uphold and defend the constitution.
The guilty should be put behind bars and charged. The judiciary and the
entire government will regain the public's trust as a result.
To motivate our law enforcement officers, however, good compensation and
incentives should be used. Appropriate bodies must make sure that these
benefits reach the officers and are not cornered or decimated by
"ogas" at the top.
2. Corruption
Known for its anti-corruption campaign, the Buhari/Osinbajo
administration. The judiciary's ability to successfully prosecute offenders is
essential to the campaign's success. However, a corrupt judiciary would be
unable to render just judgments in light of the fact that fund thieves are
willing to pay billions of dollars to grease the palms of judges.
Please give us the inside scoop. The following is a quotation from
Justice Walter Onnoghen, a former Chief Justice of Nigeria.
"We must not overlook the judiciary's essential function in the
fight against corruption.
We cannot allow corruption to discourage us or weaken our resolve despite
the fact that it continues to put the judiciary in the center of a storm. The
perception that the Nigerian judiciary is plagued by corrupt elements is
regrettable, which is why an image-building parade is necessary".
The aforementioned statement undoubtedly demonstrates how severely
corrupted our judiciary is. However, not all judicial officials are dishonest.
The rest of the judiciary is affected by the misconduct of a small number of
people.
In order to eliminate this harmful threat, the general public should stop
offering bribes to judicial officials.
Additionally, the givers and recipients of bribes should be subject to
the full force of the law.
Possible solution:
Judiciary officials should also completely avoid any actions or
statements that could undermine the judiciary's credibility and integrity.
A judiciary free from corruption will guarantee justice and fair trials
in all cases, not just those involving corruption.
3. An accumulation of Pending Cases
If the information currently available about Nigeria's insufficient
number of judges. Unlike in a case where there are enough judges to reduce the
average workload per judge, cases will undoubtedly take longer to be resolved
and verdicts passed in a court environment.
Due to the relatively small number of judges preside over so many cases
at once in Nigeria today, many cases typically take too long, resulting in
adjournment after adjournment.
Furthermore, criminal cases are made to drag on for years due to delay
strategies and unethical behavior on the parts of both the prosecution and
defense attorneys.
I once heard a renowned lawyer say that some cases—particularly those
involving land and chieftaincy titles—are purposefully allowed to drag on until
both parties have died of old age and, of course, natural causes.
Possible Solution:
In order to expedite the administration of justice, more judges should be
appointed, and pertinent officials like court administrators should quickly
report attorneys who use unethical tactics and delaying strategies to the
National Judicial. For the necessary disciplinary action to be taken, NJC.
To further enhance the administration of justice, it is also imperative
that the Rules of Court, the Administration of Criminal Justice Act, and
Practice Directions be strictly followed.
4. Staffing Issues
The judiciary is currently facing its most difficult challenge yet, and
it has been determined that this is the single biggest issue endangering the
institution's integrity as Nigeria's center of justice.
The judiciary is made up of judges who are fallible people with human
nature. Although Nigeria has many excellent, morally upright, and
intellectually sound judges who uphold the highest standards of morality and
integrity, a sizable portion of them fall short of the required bar, as
evidenced by the inconsistent nature of many of the courts' rulings and the
resulting confusion in the country's legal system.
Possible Solution:
For judges to stay current and stay on top of international standard
practices, there is an urgent need for ongoing training and retraining of judicial
officers in the form of workshops, seminars, and symposiums.
To make sure that only people with a suitable level of intelligence,
morality, and integrity are appointed to the bench, the selection process for
judicial officers needs to be changed.
5. Reaction Against Judicial Independence
Making sure that the Executive and Legislative branches of government
operate within the bounds of the constitutional privileges granted to them is
the judiciary's main goal.
This means that the Judiciary should be left alone to carry out its
constitutionally mandated duties free from interference from the other two
branches of the government. The judiciary ought to function without
interference from outside forces and according to the constitutional authority
granted to it.
Unfortunately, in Nigeria, the Executive, the Legislature, and even
political parties have a say in court decisions.
Possible Solution:
The Executive and Legislature ought to adhere to the Constitution and
refrain from interfering with judicial matters. Judges must be chosen from the
bar on the recommendation of an expert group known as the Judiciary Advisory
Commission. This is a requirement.
Judges should also have tenure security and only be removed for grave
misconduct or ill health. Judicial officers should receive competitive pay, and
neither the executive nor the legislative branch should be able to influence
their compensation.
To avoid being swayed by political considerations, judges should not have
any political affiliations before retiring or holding no position related to
the judiciary. Life safety measures for judicial officers should be taken.
6. Lackluster Courthouses
The Chief Justice of Nigeria (CJN), former Justice Onnoghen, claims that
we still have issues with housing for our judicial officers and accommodations
in the courts.
Possible Solution:
Building new courts where there are none already exists, expanding
existing facilities, and adding more homes should all be done as part of the
judiciary's ongoing efforts to address this crucial aspect of its independence.
7. Conflicts of Interest in Judicial Cases or Disciplinary Proceedings
It has been argued numerous times that the CJN should not be appointed
the head of the NJC, before which his conduct can be judged, as he is a judicial
officer whose conduct is subject to the NJC (National Judicial Council).
The CJN's influence in such situations, as it has in the past, cannot be
disregarded, especially in light of the fact that some NJC members owe their
membership in the organization to him.
Possible Solution:
In order to prevent conflicts of interest, the membership of a body
established to oversee the judiciary and judicial officers should not be
predominated by judicial officers currently in office.
Therefore, to ensure objective oversight of judicial activities, the
chairmanship and membership of the NJC should be predominated by retired
judicial officers, with notable figures of integrity from the bar and related
disciplines serving as a complement.
8. Disregarding a Court Order
As an illustration, consider how the Executive disregarded a federal high
court's order upholding the independence of the judiciary. An ex-CJN, Justice
Muchtar, had noted that the impunity of public office holders went beyond
disregard for court rulings to levels where courts were closed as a result of
political squabbles between politicians.
Even in Nigeria's current political climate, the Executive has been
accused of disobeying some court orders. All of these things occur because
judicial appointments must be approved by the Legislature and are made by the
Executives. This, of course, encourages the judiciary to be sentimental in its
rulings and gives public officials license to disobey court orders.
Possible Solution:
Judiciary independence is required, and ongoing efforts must be made to
stop public officials who have repeatedly insulted the temple of justice from
acting without consequence.
Every time a court order is disregarded, the traditional news media (the
press) would be wise to complain. The general public ought to use social media
to denounce such demeaning actions.
9. Minimal Use of Computer Technology
Justice Walter Onnoghen, a former Chief Justice of Nigeria, claims that
the current system of justice delivery in Nigerian courts is inefficient,
time-consuming, prone to document loss or theft, and difficult to file; as a
result, there is a need for an information technology-assisted justice system.
Possible Solution:
Justice will be improved by information and communication technology
(ICT) by ensuring that data is accurately recorded and transmitted digitally.
Court procedures will be completed and available upon request, and data
exchange will not break down.
With e-justice, case management will be automated, fee payments made
through dedicated websites to reduce corruption, and users will have online
access to forms that simplify and streamline court proceedings.
Such steps must be taken in conjunction with investments in cyber
security and increased staff capacity. (CJN Walter Onnoghen, Justice).
Although the Supreme Court has been moving toward full information
technology use, all Nigerian courts still need to be ICT compliant.
To help the judiciary, more technologically savvy individuals should be
hired, and a reliable power supply is obviously crucial.
10. Public Mistrust of the Judiciary
Many common people, as well as many elites, lack faith in the judicial
system and only appear in court when all other options, such as enforcing their
own laws, have been exhausted or when they are compelled to do so by court
summons.
This is because the judiciary is dealing with a wide range of issues.
I think that by putting the above solutions into practice, public trust
in the Nigerian judiciary will be restored, and more people will swiftly seek
redress in the temple of justice.
Final Thought
The judiciary branch of government is tasked with interpreting the law of
the land and applying it when necessary. This puts a great deal of weight on
the judiciary's crucial role in society.
The law of the land serves as the foundation upon which decisions are
made, so it is crucial that its interpretation and application be carried out
with the utmost care and speed.
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