Why Nigerian judiciary is on trial

The Chief Judge of the Federal High Court, John Tsoho, has said that corruption and inefficiency in the justice system have placed Nigeria’s judiciary on trial.

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Mr Tsoho spoke at a panel session at the ongoing Nigerian Bar Association (NBA)’s Annual General Conference in Enugu on Wednesday.

Represented by Justice Mabel Segun-Bello of the Enugu Division of the Federal High Court, the chief judge explained that inefficiency of the system allows unethical practices to thrive.

He, however, expressed optimism that the issues would soon be resolved.

Mr Tsoho described inefficiency in the country’s judiciary as the “greatest sponsor of corruption”.

“If a system is not working efficiently, you have provided a feeding field for corruption to thrive,” he said.

The chief judge narrated that a corrupt affidavit system in a court in Abuja, where even business centres were issuing affidavits, was solved through “a digital infrastructure.”

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“If the structure is not in place, such as a photocopier not working, users will look for easy alternatives.

“Justice is on trial for multiple reasons, such as delays, systemic inefficiency, corruption, bureaucratic bottlenecks and inconsistent judgments,” he said.

Mr Tsoho lamented that judges overwork themselves and argued that measures should be adopted to decongest the dockets.

He suggested that specialised tribunals should be introduced to handle certain disputes, pointing out that such a measure could reduce the number of cases brought to conventional courts for adjudication.

“I am not saying that tribunals should take the work of judges.

“But what I am saying is that the tribunal model, which is a specialised or quasi-judicial forum for resolving specific types of disputes, should be considered,” he said.

Continuing, he said: “Most judges are overburdened, so they are quick to adjourn cases on the slightest mistake by counsel.

“A judge’s work starts when he is done sitting in court hearing cases – from signing orders to writing rulings and judgments.”

Mr Tsoho said, in other developed societies, tribunals are adjudicating on certain areas such as immigration, intellectual property and environment, which allows conventional courts to focus on other matters.

The chief judge said that to address the inefficiency in the justice system and reduce corruption, the judiciary must urgently be digitalised.

“How many lawyers use AI (artificial intelligence) assistance? AI cannot take our jobs because our jobs are rooted in human nuances, but a lawyer who is not AI-compliant will lose his job to a lawyer who is,” he said.

“Reform is not an option. It is imperative. Let us move from tradition to transformation. Justice must be seen to be swift, and just.”

NBA president speaks

In his contribution during the panel discussion, the President of the NBA, Afam Osigwe, argued that there was a need to limit appeals that get to Nigeria’s Supreme Court for adjudication.

Giving an instance of such appeals, Mr Osigwe, a Senior Advocate of Nigeria (SAN), said landlord-tenant issues and minor theft cases should be decided at either the High Court or Court of Appeal to allow the Supreme Court to operate as a “policy court.”

“The Supreme Court should be a policy court. Cases on tenancy, stealing of chicken – these should not get there,” he said.

The president said the NBA would set up a support fund for lawyers to offer free legal services in all branches.

He lamented that the pro-bono system was now being abused by lawyers who use it to fulfil the requirement for conferment of the rank of SAN, adding that such lawyers abandon the cases once they attain the rank.

READ ALSO: 79 per cent of Nigerians lack trust in judiciary — Report

“There is now a black market in the correctional centres where prison officers sell these cases to lawyers.

“We have proposed setting up a pro-bono fund, and we will do that immediately after the conference.

“All branches will be directed to set up a pro-bono desk that will be manned by young lawyers or volunteer senior lawyers,” he said, pointing out that Abiodun Owonikoko, a SAN, will chair the committee.