Introduction
As the Nigerian bench and bar prepare for new leadership with the retirement of Justice Ariwoola as Chief Justice of Nigeria and the scheduled inauguration of Mazi Afam Osigwe, SAN as President of the Nigerian Bar Association, one critical area that demands immediate attention is the speed of justice delivery. Nigeria’s justice system is notoriously slow, with available statistics indicating that simple cases can take between 6 to 10 years to conclude. This glacial pace has far-reaching implications, deterring potential investors and negatively impacting revenue for both legal professionals and the nation as a whole.
The antics of lawyers, judicial attitudes, court rules, and procedures have significantly contributed to this sluggish pace, not only denying citizens timely access to justice but also hindering the country’s economic growth. To address these challenges, it is imperative to reform court rules and procedures, focusing on enhancing the efficiency of justice delivery. This article explores the need for such reforms and their potential impact on Nigeria’s economy.
The adjournment culture: A barrier to swift justice
One of the most significant obstacles to speedy justice delivery in Nigeria is the deeply entrenched “adjournment culture.” Lawyers often exploit procedural devices such as adjournments, call-overs, extension of time and frivolous applications to delay proceedings. Judges, who are also lawyers by training, often empathize with these tactics. This unspoken collusion between the bench and the bar effectively deprives litigants of their day in court and perpetuates a slow, inefficient justice system.
Embracing case management: A path to efficiency
To counter the adjournment culture and accelerate justice delivery, Nigerian courts must adopt a robust case management approach. This involves judges taking an active role in controlling the pace of litigation by setting and enforcing strict timetables, ensuring cases progress efficiently, identifying key issues early in the proceedings, disposing of meritless claims promptly, and limiting the scope of discovery and evidence. By implementing these measures, judges can streamline proceedings and prevent unnecessary delays, thus significantly reducing the time required to resolve disputes.
Harnessing technology for seamless court operations
Reforming court rules should also involve leveraging technology to enhance efficiency and accessibility. Key technological improvements should include implementing electronic filing systems, enabling online fee payments, providing remote access to court proceedings, automating case assignment, and utilizing case management software. These technological advancements can significantly reduce bureaucratic bottlenecks, enable round-the-clock court operations, and help judges and court staff better manage their caseloads and track case progress.
Promoting alternative dispute resolution (ADR)
Incorporating ADR mechanisms, such as mediation and arbitration, into the court system can help alleviate the burden on courts and provide faster, more cost-effective dispute resolution options for litigants. By mandating ADR for certain categories of cases, such as simple debt claims and tenancy disputes, courts can focus their resources on more complex matters while ensuring that all cases receive appropriate attention. This approach not only speeds up the resolution process but also promotes a more collaborative and less adversarial legal culture.
Simplifying procedures and enhancing Judicial feedback
Simplifying court procedures and using plain language in drafting rules can make the justice system more accessible and user-friendly. Additionally, judges should provide timely feedback to parties and their counsel, indicating their provisional views on issues and encouraging settlement discussions when appropriate. This proactive approach can help narrow down contentious issues, promote cooperation between parties, expedite case resolution, and reduce the overall time and resources spent on litigation.
The economic imperative for swift justice delivery
A slow, inefficient justice system has far-reaching consequences for Nigeria’s economy. Businesses are reluctant to invest in an environment where commercial disputes cannot be resolved promptly, leading to a loss of investor confidence. The World Bank’s Ease of Doing Business rankings consistently place Nigeria among the lowest-ranked countries, partly due to the difficulties in enforcing contracts and resolving commercial disputes.
By reforming court rules to prioritize speedy justice delivery, Nigeria can create a more attractive investment climate, foster private sector growth, enhance its reputation in the international business community, improve its standing in global economic rankings, and unlock its vast economic potential.
Conclusion
Reforming court rules and procedures to ensure speedy justice delivery is not merely a matter of legal efficiency; it is a crucial step towards building a more prosperous and inclusive Nigeria. By adopting case management techniques, leveraging technology, promoting ADR, simplifying procedures, and enhancing judicial feedback, the Nigerian justice system can overcome the challenges posed by the adjournment culture and deliver swift, effective justice.
As Nigeria seeks to diversify its economy and attract foreign investment, a well-functioning, efficient judiciary will be a key enabler of economic growth and development. The time for action is now, and all stakeholders – including the government, judiciary, and legal community – must work together to implement these much-needed reforms. By doing so, Nigeria can unlock the potential of its justice system to drive economic progress, improve the lives of its citizens, and position itself as a leading destination for global investment and business operations.
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
