Senate passes bills to increase number of judges of Federal High Court, appellate court

A bill seeking to increase the number of judges of the Federal High Court from 70 to 90 has passed second reading in the Senate.

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Another bill seeking to increase the number of justices of the Court of Appeal from 70 to 110 also passed second reading.

The bills, sponsored separately by the Senate Leader, Opeyemi Bamidele, were passed during Wednesday’s plenary session.

The Senate President, Godswill Akpabio, announced the passage of the bills after a majority of senators supported them through separate voting sessions.

After the passage, the bills were referred to the Senate Committee on Judiciary, Human Rights, and Legal Matters.

The bill seeking to increase the number of Federal High Court judges aims to amend the Federal High Court Act, Cap. F12, Laws of the Federation of Nigeria, 2004, to accommodate more judges and address delays in the administration of justice.

Leading the debate on the bill, Mr Bamidele said the increase was necessary to ensure the timely and effective administration of justice.

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“The essence of every judicial system is to ensure the timely and effective administration of justice, as justice delayed is justice denied. It is a known fact that no democracy can thrive where citizens and institutions are unable to obtain prompt judicial determination of disputes. As such, it is imperative that the justice sector is well equipped with both human and material resources for it to be able to perform its constitutional role effectively,” he said.

The Senate leader noted that the volume of cases before the Federal High Court has increased significantly due to economic expansion and increasing demands on the justice system.

“Over the years, the volume of cases before the Federal High Court has increased exponentially. The expansion of economic activities, growth in commercial transactions, advancements in technology, the emergence of cybercrime, the rise in anti-corruption prosecutions, and the complexity of modern governance have significantly increased the Court’s workload.

“However, in spite of these developments, the statutory number of judges of the Federal High Court has remained inadequate relative to the demands placed upon the Court, which has resulted in congestion of court dockets, prolonged delays in hearings and determination of cases. Increased cost of litigation to litigants.”

Need for more Court of Appeal justices

Speaking on the bill seeking to increase the number of justices of the Court of Appeal, Mr Bamidele said the proposal would not only increase the number of justices but also ensure equitable representation of all states and the Federal Capital Territory in the composition of the court.

He added that the bill would clarify issues related to seniority and ranking among justices, strengthen the court’s administrative functions, and improve the efficiency of appellate adjudication.

The senate leader noted that the legislation would promote adherence to the federal character principle, ensure broader national representation within the court, and enhance public confidence in the administration of justice.

Virtual Court Proceedings

Mr Bamidele also said the bill would provide a legal framework for virtual court proceedings.

“Another salient provision of this Bill is the introduction of Virtual Court Proceedings, which many jurisdictions across the globe have institutionalised due to its effectiveness and expediency during the COVID-19 pandemic.

“Furthermore, the proposed amendment empowers the Court to conduct proceedings electronically in accordance with its Rules. This initiative aligns with our appellate system, with global technological developments, and the broader digital transformation agenda of the government. Another innovative provision of the Bill is the establishment of an Alternative Dispute Resolution Centre within the Court of Appeal. This mechanism has become an indispensable tool for reducing court congestion and encouraging amicable settlement of disputes,” he stated.

The bill also clarifies the composition of appellate panels and introduces enhanced requirements for certain categories of appeals involving complex legal questions.

According to Mr Bamidele, these measures would strengthen the quality of appellate decisions and ensure broader judicial consideration of matters of exceptional importance.

The Senate leader said the current number of Court of Appeal justices is grossly inadequate, given the increasing volume of appeals emanating from courts and tribunals across the country.

“The existing number of Justices has become grossly inadequate in view of the increasing volume of appeals emanating from courts and tribunals across the country. The consequence has been a substantial backlog of cases, prolonged delays in the hearing and determination of appeals, and increased pressure on judicial officers. This proposed amendment is therefore intended to reduce case congestion; facilitate quicker disposal of appeals; and promote the constitutional guarantee of fair hearing within a reasonable time, etc.”

Nigeria’s judiciary has long grappled with a backlog of cases, with many civil, commercial and criminal matters spending years in courts before final determination. Legal experts have repeatedly attributed the delays to an inadequate number of judges and justices relative to the volume of cases filed nationwide.

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The Federal High Court, which has jurisdiction over matters relating to taxation, banking, maritime affairs, intellectual property, terrorism, cybercrime, corruption and disputes involving federal agencies, has witnessed a significant increase in its caseload in recent years due to expanding economic activities and the rise of complex financial and technology-related crimes.

Similarly, the Court of Appeal has faced mounting pressure as appeals from federal and state high courts, election tribunals and specialised courts continue to rise. The congestion has contributed to prolonged delays in the hearing and determination of appeals, leaving litigants, businesses and government institutions waiting years for final judicial decisions.

Lengthy delays in the justice system can discourage investment, increase litigation costs, weaken public confidence in the courts, and undermine the constitutional principle that justice should be delivered within a reasonable time.

If eventually enacted and implemented effectively, the proposed increase in the number of judges and justices could help reduce case backlogs, speed up the resolution of disputes, improve access to justice and strengthen the efficiency of Nigeria’s judicial system.

The provision for virtual court proceedings and alternative dispute resolution mechanisms is also expected to ease pressure on the courts and accelerate case disposal.