A legal practitioner, Mr Chimezie Ihekweazu, in this piece, argues that a weak judicial system will usher in a failed state and that a strong and efficient judicial system  is a recipe for stability within the society.

The base for sustenance of human freedom, free en-terprises, fundamental rights, democracy, due process and justice lie in having an effective and efficient judiciary with potent structures and capacity that deliver excellent service.  It is a strong arm of government existing in cohesion with other arms to achieve and secure good governance. A weak judicial system ushers in a failed state where impunity and lawlessness thrive. No matter the effectiveness of the executive and legislative arms of government, a weak or failed judicial system brings down the society gradually and drives it to complete anarchy. A society is built by the people for the well-being of the people. A state or society that fails in creating the good of its People fails in value and essence.

Over the years, the Nigerian judicial systems have witnessed innovations in rules and laws to aid justice delivery across the country.  Efforts have been made to re-engineer the system to make it work better under the democratic environment in the best interest of our people. Unfortunately, these changes have failed to create the desired results in terms of timely dispensation of justice in our courts. Our system allows cases to become protracted at the first instance venue for over four years and at the appellate levels for between three to twelve or more number of years before conclusion. In addition, the process of enforcement of judgments has also remained slow and in some cases almost impossible. The result is that in most cases people reap value in death or in a state where the value achieved comes to nothing but for records and jurisprudence.

Under Section 6 (6) (a) and (b) of the 1999 Constitution (as amended) the judicial powers extends to all inherent powers and sanctions of a Court of law and to matters between persons, government or authority and to any person in Nigeria and to all actions and proceedings for the determination of any question as to the civil rights and obligation of that person. This provision allows the court to exercise its civil jurisdiction and when matters are conclusively determined, effect ought to be given to the judgment to give validity to the judicial exercise and not subject the decision to further exercise of power by another arm of government in some instances as Section 84 of the Sheriffs and Civil Process Act provides. The Section requires the consent of the Attorney General before execution can be levied against government establishments in garnishee proceedings against them. The effect is that the Attorney General can withhold his consent and in effect make nonsense of the exercise of judicial powers. This Section, with due respect, appears to be in conflict with the Constitutional powers of the Court and can be used to frustrate the exercise of judicial powers.  This development calls for serious concern and urgent amendment. In the interim, there is need for an urgent policy direction to protect the exercise of judicial powers. A stitch in time they say saves nine. As we watch helplessly hoping for improvement without effort, so will our society continue to drift and drift to a state without an effective judicial system. This must not happen and we must rise up to the calling for the desired change.

It must be recognized that within our judiciary there exist dedicated and diligent officers that are determined to ensure justice. This must be appreciated though the unfortunate thing is that they appear to be in the minority and can hardly bring the desired change across the entire Nation.

The standard for judicial appointments at the High Court level should be made to be the same with the standard for elevation to the Rank of Senior Advocates of Nigeria. In fact, holders of the position of Senior Advocate of Nigeria should be encouraged to go to the Bench even at the High Court levels, as is done in England where most appointments similar in nature are made from the class of holders of the ranks of Queen’s Counsel. In addition, discipline at the Bar and clear evidence of excellent record in Legal Practice must be glaring with clear recognitions and attestations. It is now time to have Judges and Justices who have experienced practice up to the Highest Court in the land with wealth of exposure and records of decided and reported cases. This may look difficult but it is the only way forward. A situation where practitioners graduate to judicial position with little or no practice experience or by compensatory or geographical representation (without adherence to standard guidelines) will only bring failure and disaster to the system. A High Court Judge must possess the record of having concluded at least six cases each at the High Court and the Court of Appeal within a period of not more than 10 years to be eligible for appointment. The same applies to appointments to our Appellate Courts with Judges having excellent practice experience in the Appellate Courts. I am aware that there are guidelines for appointment of Judges and Justices of our Courts. One can only wonder whether there has been compliance with these guidelines in a manner that will produce Officers exhibiting the desired passion for judicial work. There is need for strict compliance and improvement on these guidelines while having recourse to the basic Constitutional requirement. Experience has shown that Justices appointed to Appellate Courts from the Bar with good practice experience have performed extremely well.  A Judicial position is not a position you learn on the job but where you advance the course of justice and freedom of democratic rights from the position of rich knowledge, experience and proven integrity while recognizing your power and jurisdiction under the Constitution.  The failure in this regard leads to delay, corruption and very poor output in the service. A situation where decisions suffer more than two adjournments before being delivered is a clear indication of either incompetence, lack of professional drive  and passion, corruption, laziness and a total failure of judicial responsibility. At the High Court level, most practitioners have had experiences of their Court decisions being adjourned severally over a period of over five or six months and in some bad situations over a year. This is the truth and can lead to chaos or even death, though difficult to appreciate. Where cases are fixed  for hearing and adjourned severally, again and again, it could be either as a result of congestion of court list, lack of preparedness by the lawyer, unwillingness of the judge to rise up to his or her responsibility, cheating, corruption, incompetence or laziness. These must be identified in specific circumstances and properly addressed for corrections and change.

It must be admitted that our courts in some cases work under deplorable and poor condition that lack technological support for excellent service. The state of infrastructure and support materials in Abia State and Imo State High Courts require urgent attention. I have had reason to visit these Courts especially at Owerri, Aba and Umuahia. The State of the courts is deplorable in terms of infrastructure and working conditions in these two states, though I believe there are other states with similar poor conditions. I must commend the efforts of the Rivers and Lagos States Government on the improvements in their infrastructures and support materials for the Magistrate and High Courts. There is need for states to continue to improve in these areas. A Judicial Officer must be supported to improve his or her service delivery.  Research support and Assistants must be introduced, materials and needed equipments for the job provided to aid their work.  The challenges are huge and we must not allow a situation where a Judicial Officer or Administrative Staff will be asked to catch or kill a Lion with bare hands. Even in the Bible where Samson killed a Lion, he did so with Special grace and Power from God. Our appreciation of the enormous challenges in the judiciary calls for serious support and close monitoring for assessment. Results and outputs must be checked regularly and failing Officers disciplined. Every State Judiciary must set up structures to regularly check performance of Judicial Officers in a transparent manner, same with other support staff like Court Registrars, Secretaries, Bailiffs and Sheriffs.  We must begin to assess our records in certain terms to evaluate success and benefit to the Socio-economic well being of the Society.  It is important to note regularly how many cases are filed and disposed of on a quarterly basis in every State Court and also for Federal Courts as the case may be. Courts retaining huge number of indisposed cases over a long period without justification, must be exposed for appropriate action and their output shown to reduce unnecessary waste of tax payers money. Decisions of the Courts must be perfected and made ready for easy access to litigants and for public records to enable exercise of rights under the Constitution and the Freedom of Information Act. Under Section 294 of the Constitution of the Federal Republic of Nigeria 1999 it is provided that “Every Court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of delivery thereof.” There is need to ensure that this provision is adhered to strictly for justice delayed in most cases can mean justice denied. Weak and or corrupt officers must not be allowed to cheat and suffocate the system by remaining in office. The negative socio-economic effect on the People and Society can be huge.

It can be argued that human existence and its socio-economic well being is secured by having a strong judicial system delivered and operated by courageous and dedicated Officers. It is therefore not out of place to ensure that our Judicial Structures are efficient.

The Administrative Structures manned by diligent personnel help to support service delivery and results in the Judicial System. The Personnel Structures affect every action in Court starting from Commencement, Process, Records, Assignment, Service, Proceedings, Perfection of decisions to Executions of Decisions, Post Judgment Proceedings and other support services.  Their role is critical and helps the Litigant gain satisfaction in seeking reliefs or defending any action in Court. Every stage of administrative control and service is very important and failure or delay will stop the wheel of justice.  When a case is filed at the Magistrate Court or High Court, it must be duly entered and assigned within two or three days and for urgent matters assignment must be immediate, while service should be effected upon payment of statutory fees promptly. A situation where litigants and their counsel wait for weeks for assignment tells a sad story. Service of process must be prompt. The practice of Lawyers coming day by day to follow up on assignment of cases and service is shameful. A lawyer has no business coming to court to follow up such things either personally or through litigation clerks upon filing, except to get result.

In filing Processes, payments are usually made for service, except where a lawyer undertakes to serve in some cases, so the Sheriff or bailiff should ensure that service is effected promptly since it is expected that monies for service should be transmitted to the Bailiff Section as soon as it is paid. Monies paid for service of processes or court assignment as statutorily required should be transmitted to the appropriate Department for use. A delay or failure in this regard will be counter-productive.

The Administrative System must ensure that its Officers deliver.  Their positions must not be reduced to “a road block where you pay as you go” for service which they earn monthly salary from tax payers money and where Litigants pay for such Service.

Divisional Heads of the Administrative Structures must meet regularly to assess and check performance and discuss Reports on performance in their Divisions. Administrative Officers and other personnel must fully understand their call to duty. Where a Court delivers a decision, the Certified True Copy of the decision must be produced in at least two or three days at most otherwise it should be a matter of hours if possible.  The process of enforcing the decision must be smooth upon settlement and perfection of appropriate Court Processes.  It must not be a cash and carry thing but a process that allows for diligent assessment of fees and prompt action upon payment of statutory fees.  The essence of approaching the Court is to reap the relief or be justified in defeat where defence succeeds. If this cannot be achieved, then the purpose of establishing the Judiciary would have failed.

I therefore posit that proper training and retraining of Administrative Officers within each Judicial System across the Nation be done regularly in all States and Divisions. They must be made to clearly understand their roles and the callings of their respective duties to ensure that result is achieved. Necessary equipment and facilities that will aid the discharge of their duties must be provided and maintained for sustenance of the Judiciary in its aim to ensure justice delivery. Issues of corruption and lack of effective capacity must be addressed. Regular assessment of their performance must be done through internal structures and external processes engineered by the BAR, The Federal and State Judicial Service Commissions and the Ministries of Justice. These processes, if properly managed, will help reinforce the Judiciary in a positive way.

Legal Practitioners also have their role to play in ensuring an effective Judiciary. In truth, Lawyers constitute a large number of Critics of the judicial system but the extent to which they have through their Branch and National Structures assisted in bringing solutions to the System remains abysmally low.  I must confess that the Bar has the power and potential to re-engineer the Judicial System and make it work better in co-operation with other related Institutions under the Justice Sector. The judiciary cannot exist without lawyers in advocacy. Advocates in practice must earn their living through Processes initiated and conducted in our Courts. A failed Court system transcends to a total failure of preserved rights under the Constitution and even loss of livelihood for Advocates in the System. Even Solicitors will be affected as the legality of their professional activities may have recourse to the Courts for interpretation, validity or other required perfections. It is in this regard that I dare say that every lawyer must rise and play his or her role in a way that will contribute towards an effective Judiciary in the Country.

Professional monitoring helps build the Society. It creates sanity within the respective Sectors in related fields and by extension adds value to the political order and socio-economic life of the citizens. How then can this be achieved in the Judiciary? The Bar must look inwards and give effect to its internal Structures allowed under its National Constitution and the respective Branch Constitutions. All Committees and Office Structures must be made potent to give effect to its functions. In relation to the Judiciary, the Bar must create Monitoring Committees across its Branches to be constituted by members with courage and integrity to monitor the Judicial System. These Committees must serve as watchdogs on the performance level of the Judicial Officers and Administrative Personnel of the respective Courts to report to the National Body through the Branches or to the Branches as the case may be for appropriate steps to be taken regarding the affected Judicial Division. The practice of Law must not be allowed to suffer or die. Members of the Bar must rise to the occasion and help change our Society through their work. Effective disciplinary measures in place must be reinforced and strengthened to caution members against wrongdoings or any other professional misconduct. The Bar must continually sustain training for its members and make them realize the benefits of competence as a tool for result oriented service in the Judiciary and Administration of Justice. In Civil and Criminal Proceedings, the Bar must strive to present members, rich in discipline and diligent in handling of their matters. This approach will definitely make the work of the Judge easy and also bring benefit to the Society.

The Constitution guarantees the right of Appeal. This right in most cases has suffered terribly as most Structures enabling the exercise of their rights are either weak or full of gaps that cause unnecessary delays. Clearly and from the structures of the Courts of first instance to the Court of Appeal and to the Supreme Court, the process of transmission of Records and Exhibits appear slow in most cases thus making Practitioners to personally follow up on these Processes. In Court proceedings, reasons for adjournments range from tardiness of practitioners, to obstacles created by Administrative Staff of Courts and other reasons as affect the Judicial Officers. In most Divisions of the Court of Appeal the Panels cannot constitute quorum due to one reason or the other. Presently most Judges are on National assignments resulting from Election Petitions across the Country. Seminars and Workshops are organized and fixed for Judges without recourse to adjourned matters and Hearing dates for matters thus leading to frustrating adjournments and unnecessary delays. A case of doing the right thing in the Wrong manner. The effect is that the backlog of Appeal cases keeps piling up while new ones are filed daily in those Divisions. The danger is that Appeals filed this year, unless where accelerated hearing is granted, may have to wait for between two to five years before it is considered and heard. The question one may ask is whether it is not possible to have a well defined yearly Calendar For every Court so that their yearly programmes and events can be adjusted with regard to pending matters before the respective Courts. This will help so that where matters cannot proceed proper notification are issued and sent either directly or electronically to Counsel.

The worst situation with due respect is at the Supreme Court where few Justices, presently face the daily challenge of dealing with Appeals with only one Panel sitting. The Court has the capacity of functioning with at least two or three Panels in terms of Legal Framework. Appeals are filed in hundreds yearly while the capacity of the Court under the Constitution remains Twenty two, with the Court operating with less than fifteen presently. In truth, the Court is presently operating with limited number of Justices and under poor Support Systems. There is the need to sustain the legal Framework and ensure consistency in its Constitutional provisions. It is believed that over fifteen thousand cases may be pending before the Supreme Court. This number is very high as one wonders how many of these cases can be concluded in three to five years with the Court working at full capacity. It will indeed be a tall ambition. It is my view that there is the need for Constitutional amendment to increase the number of Justices to thirty or thirty-five. In addition the Age of Appointment should be between forty-five and fifty-five. There should also be regular health checks every three years to be conducted by Recognised Health Institutions as is done in some Companies and Government Establishments. Appointments should also not be limited to Justices of the Court of Appeal as is presently the Custom but extended to the BAR and the ACADEMIA in the case of a person that have shown exceptional distinction with experience of having handled high number of Cases before the Supreme Court and Industry in terms of law Publications. This will improve on the capacity and output of the Court.

In the Supreme Court there are no Research Assistants and the Administrative Structures are equally weak. The process of transmission of Processes to the Court and arrangements of Processes in Appeal files for Justices to take on matters is very slow. There are instances of cases where Processes filed are not transmitted to the Court Files for months, just for the lawyer to appear in Court and for his matter to be adjourned for that singular reason. In fact in desirable cases the Court should stand down the case and order the Registrar to produce the documents for proceedings to go on. It is an affront on the Court which calls for immediate action. There are no pre-hearings before an Appeal comes up for hearing in open Court and the result is that an Appeal fixed for hearing can be adjourned for the slightest reasons.  A Pre-hearing before a Registrar helps to certify a case to be ripe for hearing and clears all incidental issues that will require to be regularized. This will help so that once a case is fixed for hearing before the Court retaining its majesty and powers, there will be 99% certainty that it will go on. Presently it is said that the Court is dealing with Old Appeals filed between the periods 2000 to 2005. Working under these conditions and circumstances very few judgments are delivered. Unless in criminal cases and Election Petition matters, Civil Appeals filed this year may not be heard until 2020 or even beyond that time. How then would a Litigant feel if he or she will have to wait for between fifteen to twenty years to know his or her fate in a judicial process terminating at the Supreme Court. Can the rights created under the Constitution still be classified as viable? Lawyers and Litigants lament regularly of travelling from far distances for Appeals at the Supreme Court only to witness an adjournment of the Matter. Where the Court will not sit there is no medium or Structure enabling Litigants or their Counsel to be notified.

We must admit that there is danger which calls for concern. We cannot continue to watch and hope. The Government and the affected Professional Bodies and Institutions must rise to the occasion and help restore the System. It is not impossible. It is very possible and doable if only the will is there. We have the resources and qualified manpower.

In the present state of our Judiciary and Justice Delivery System there are clear indications for immediate implementation of changes that will aid in improved services. Our Socio-economic wellbeing to a great extent depends on its potency and effectiveness. It concerns all of us no matter how peaceful we live and manage our affairs. Recently the Chief Justice of Nigeria set up a Special Committee for Reform of the Judiciary under the Chairmanship of the Retired Chief Justice of Nigeria Hon. Justice Muhammad Lawal Uwais. This is a welcome development as it could not have come at a better time. The success of the Judiciary will bring good governance, peaceful coexistence and guarantee welfare and security. The earlier the better they say so let us act fast. Our positive step in this direction will help the present and future Generations to come.

CHIMEZIE VICTOR .C. IHEKWEAZU

08033018974

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(Mr Ihekweazu is a legal Practitioner based in lagos.