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• The judiciary constituted 98 committees to hear 1,209 election petitions.
• 10 (out of 21) Supreme Court justices have handled 6,884 cases.
• 346 judges selected from various courts for election duty.
• The fastest case from the High Court to the Supreme Court can take an average of 30 years – Vanille
• In case of absence, pending cases of 346 judges will be abandoned for at least six months.
• In Lagos, 65 judges, 146 magistrates and others handle more than 11,000 cases annually, a rate of 358 cases per judge.
The woes of Nigeria’s judicial system are further exacerbated by the number of backlogs of cases where already overwhelmed judges may have abandoned the bench citing political issues.
Despite the large number of daily cases in various courts, with more than 346 judges convened to deal with 2023 election matters, routine cases will remain untouched for the next few months. It remains as it was.
This development will further delay the administration of justice in regular courts, and such delays portend serious threats to hapless nationals, foreign and local investors, and will ultimately have a negative impact on the country’s economy. Masu.
For the first time ever, judges are overworked and grossly underemployed across the country. For example, the Lagos State Judiciary alone handles an average of 11,000 cases every year.
Comparatively, Lagos ranks third after Port Harcourt, Rivers State and Anambra State in the state judiciary hierarchy with its vast archives.
The workload ratio of an average judge in Lagos is about 358 cases per year, putting all judges under undue pressure to meet the demands of their office.
With 65 judges, 146 magistrates and numerous presidents of customary courts, Lagos State, parallel to its status as Africa’s 7th largest economy and Nigeria’s commercial nerve, is a leader in the field of judicial sector reform. It has become a pioneer in the country. center.
According to the latest count, there are 101 judges in the Federal High Courts across the country, including the newly appointed Chief Justice of Nigeria (CJN), Justice Olukayode Aliwula, who was sworn in on October 4, 2023. Thirty-one judges are overseeing the case, including 23 judges. of the National Industrial Court of Nigeria (NICN).
The courts of appeal include Lagos, Kaduna, Ibadan, Enugu, Benin, Jos, Port Harcourt, Abuja, Calabar, Ilorin, Owerri, Sokoto, Yola, Ekiti, Akure, Makurdi, Asaba, Awka, Gombe and Kano. Some states utilize the nearest division and headquarters in Abuja.
The Court of Appeals has 72 judges and handles numerous cases across the division.
However, drawing 346 judges from various courts across the country, including the State High Court, the Federal Capital Territory High Court, the Federal High Court and the National Industrial Court, to adjudicate disputes arising from the 2023 general elections , poses a major challenge to the judicial system.
The CJN will initially have 10 members from Abia, 6 from Adamawa, 5 from Akwa Ibom, 8 from Benue, 5 from Borno, 8 from Cross River, 8 from Delta, 8 from Ebonyi and 6 from Edo. He appointed seven judges from Ekiti and six judges from Enugu. , eight from Kaduna and Kano states, eight from Katsina state and four from Jigawa state.
Sokoto State had eight judges join the pool while Zamfara had seven. Kebi, 8 years old. Taraba, 6 people. Yobe, 7 years old. Gombe, 8 years old. Ogi, 7. Rivers, 8. Takahara, 8; Nasarawa, 7 years old. Niger, 7 people. Lagos, 8. Ogun, 7 years old. Osan, 8 years old. Ondo, 8. Hey, 8 years old. Kwara, 8 years old. Potato, 8. Bayelsa, 2 people. FCT, 9. FHC has 4 cases, NICN has 3 cases. This brought the total number to 257, which was later increased to 346.
This means that cases pending before 346 judges in courts across the country will remain unattended for six months, thereby reducing the number of cases that could have been concluded in record time. It means becoming.
Speaking at the beginning of the 2023/24 statutory year, Judge Monica Donvan Mensem, President of the Court of Appeal (PCA), revealed that the court issued 7,295 judgments and 3,665 applications in the 2022/2023 statutory year. There might have been more if there had been no interregnum.
She added that 98 panels were constituted to hear 1,209 election petitions across the country. He said five of the petitions were submitted to the Presidential Election Petitions Tribunal and concluded, while 147 petitions submitted to the Senate Elections Tribunal have already been delivered and 417 petitions from the House of Representatives have been processed.
The PCA also announced that 557 petitions related to the state legislatures and 83 gubernatorial complaints have been processed, adding that 28 states have participated in gubernatorial elections and 24 petitions have been filed.
Dongban Mensem noted that the Abuja division of the court is currently overwhelmed and lacks adequate storage facilities and office space.
She therefore appealed to the FCT Minister, Nyesom Wike, to provide large tracts of land for the construction of the Abuja Division.
Unfortunately, the Supreme Court is not immune to the problems of a large docket and a shortage of judges. There are over 6,884 pending cases and only 10 judges are presiding over them.
According to Article 230 of the 1999 Constitution, the Supreme Court should be composed of the CJN and not more than 21 other judges, as prohibited by the Act of Parliament. There are currently 10 judges, so the court is 11 judges short.
All of this means that judges are being overwhelmed, and CJN Ali Oullah lamented a while ago that political cases are taking a huge toll on court records, saying, The court also emphasized that it is not immune to this problem. .
“We are always on the lookout and records are constantly rising in response to the challenges of the times. This is an arguable fact that Nigeria continues to rank as one of the most litigious countries in the world. It supports no facts.
“I strongly believe that the time has come to begin adopting a culture of less litigation and more alternative dispute resolution mechanisms so that courts are freed from unnecessary burdens and depletion of human and material resources.” he said.
Concerned about this trend, some lawyers have urged the National Judicial Council (NJC) to consider the need to appoint retired judges and magistrates to assist in adjudicating election petitions tribunals and to expand the number of courts. is suggesting.
Former APC Legal Counsel Dr. Muizu Banire (SAN) said the development was of serious concern to Nigeria’s economy and administration of justice.
He also frowned upon drafting judges on election petitions when their papers are excessive.
“As of today, a matter started in the High Court in some jurisdictions takes an average of five years in the Court of Appeal, a minimum of five years, and 15 years in the Supreme Court. Therefore, from the High Court to the Supreme Court The fastest court cases can take an average of 30 years, by which time most of the original parties are dead. Justice delayed is justice denied.
“Due to the appalling situation, the judicial authorities themselves have decided to treat some cases on the so-called fast track, that is, on a priority basis in the courts. Examples include anti-corruption cases, terrorism, criminal cases, etc.
“What this means is that all other cases, especially commercial cases, are not important to the current judicial system. This country wants investment from both domestic and foreign sources. I don’t know if investors would be interested in gambling with their investments when
“We are in the midst of the chaos and unbearable scenario facing the judiciary, where every four years more than half of the judicial staff are drafted into electoral judicial duties. We’ve been in it for six months. Every time something like this happens, it makes an already bad situation of delays in the administration of justice even worse.
“At all levels of judicial administration, the judicial system has now crawled to an acceptable position in Nigeria where it is easier to access the courts than to leave them,” he lamented.
Vanille pointed out that many ideas have been floated towards eliminating aspects that contribute to the enforcement of electoral justice by judges.
“I have personally considered the idea of using arbitration because of the relaxed nature of the rules of evidence. I have also considered utilizing retired judges to perform this task.” he submitted.
According to Vanile, there appears to be no choice but to recruit judges to deal with election petitions, otherwise our judicial system will eventually fail.
Secretary Afe Babalola (SAN) is also thinking along the same lines. According to the respected lawyer, the idea is ideal given the recent extension of the retirement age for trial court judges.
“Unless we’re lying, at least 5 percent of judges who retire at age 70 will still be useful in retirement,” he said.
Similarly, former Osun State governorship candidate, Mr. Kunle Adegoke (SAN), called on the NJC to consider the appointment of retired judges and magistrates to assist the court.
Unlike Babalola, Mr Adegoke believes that many of the judges who retired at the age of 65 and 70 are still sane enough to rule on such matters and have done so all their lives.
In his contribution, Dr. Yemi Omodere said electoral crimes were so prevalent in Nigeria that there was a need for a special court to deal with them.
He said the number of judges in the country is limited compared to the workload they face, adding that adding election cases to judges’ workload is tantamount to increasing the problem. .
According to him, it is not strange to have a retired but sound judge in Nigeria handle election petitions. This will reduce the burden on active judges, he said.
“It will facilitate the administration of speedy justice in the sense that cases in the courts of judges serving the Election Petitions Tribunal will be suspended for about six months.
“Even applications for transfer of such cases are unlikely to be approved as some cases are only partially tried. Are we waiting for politicians to know about our faith? I don’t think that should be the case.
“After taking into account health, age, and many other things, independent lawyers who have been practicing law for more than 30 years, have an excellent track record in the practice of law, and are of sound health should also be included. Retired judges who are 80 years of age or older Note that some judges are healthier than others under the age of 50.
“Also, retired judges may not compromise because of their past experience. They are no longer seeking wealth. Using them can also save the government costs,” Omodere suggested.
Meanwhile, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has reassured that President Bola Tinubu’s administration will address the shortage of judges in the Court of Appeal.
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Source: guardian.ng