Mazi Afam Osigwe, SAN, the President of the Nigerian Bar Association (NBA), has been vocal about addressing justice delays in the Nigerian legal system. In a recent speech, he emphasized the urgent need for comprehensive court reforms to enhance the efficiency and effectiveness of the judiciary. Osigwe highlighted that justice delayed is justice denied, and the prolonged duration of cases in courts undermines public confidence in the legal system.
He proposed several reforms, including the adoption of technology to streamline court processes, better case management systems, and the reduction of unnecessary adjournments. Osigwe also called for increased funding for the judiciary, better training for judges and court staff, and the establishment of specialized courts to handle specific matters more efficiently.
The NBA President further reiterated the association’s commitment to collaborating with the government and other stakeholders in ensuring that these reforms are implemented, thus improving access to justice for all Nigerians. He emphasized that without a swift and reliable justice system, the rule of law cannot be upheld, which is detrimental to the overall development of the nation.
Read full statement below;
I must remind us that there is a growing perception among many Nigerians that judicial officers are often appointed without regard to merit, that our courts do not deliver justice, waste a lot of time, are corrupt, and often fail to protect the indigent as well as the rights and interests of the citizens The negative perception about judicial decisions appears to be highest concerning judicial decisions in electoral cases.
I therefore agree with the late Honourable Justice Dahiru Musdapher when he said, “Hard as it may be to accept, we feel it is less important to focus on whether this assessment is fair or not. The important thing is for us to transparently come to terms with the prevailing realities, accept the gap in expectations, and do our utmost to bridge it”.
Notwithstanding the negative perception, I must admit that our courts have done creditably well but will go further to admit that a lot more could still be done. This is because no matter how good anything or the situation is, there is always room for improvement. A revered past President of the NBA, J.B. Daudu, SAN, once said, “The judiciary has had its share of the good, bad, and ugly. But it still remains the last hope of the common man. The judiciary is the gum that binds society. To prevent a situation where every family or street will have a warlord whose sense of justice is determined by his temperament, the judiciary must be alert and proactive in ideas and actions.”.
As we take a moment to look back on the previous year, it is crucial to address the significant difficulties that continue to hinder the administration of justice in Nigeria. One of the most pressing concerns is the persistent issue of delays in justice delivery. For many Nigerians, the pursuit of justice has been arduous and protracted.
These delays, often attributed to an overburdened court system, procedural bottlenecks, and insufficient resources, erode public trust in the judiciary. As we embark on this new legal year, it is imperative that we collectively renew our commitment to addressing these inefficiencies.
It is unacceptable that many Nigerians, particularly those from rural or marginalized communities, are unable to access the justice system due to geographical, financial, or procedural barriers. Former Chief Justice Mohammed Lawal Uwais once remarked, “For a judiciary to function effectively, it must have the trust and confidence of the people.” However, trust in the judiciary is only possible when people believe that justice is accessible and attainable.
We must, therefore, explore innovative solutions to make justice more affordable and accessible, such as the greater use of alternative dispute resolution (ADR) mechanisms and the digitization of court processes. Another pressing area of reform is the reduction of the backlog of cases.
The reality is that our courts are overwhelmed by the sheer volume of cases, leading to significant delays in justice delivery. As a nation, we must embrace the modernization of our court systems, including the use of technology to expedite case management and reduce unnecessary delays. We must also reduce the number and types of appeals that come to this Court.
NOTICE TO MEMBERS REGARDING NBA STAMP APPLICATION
At the Bar, we shall advocate for the computerization of the litigation process, including the recording of court proceedings in all superior courts of records. We will also propose Judicial Reform in the following areas (Case Management and scheduling with time slots, notification to Lawyers of adjournments, enforcement of the use of NBA email addresses in the filing of all processes, and customised email addresses for all court registries.
The NBA will work to improve access to justice by developing courts that are user-friendly, prompt the disposal of cases, and put in place measures that ensure quick dispensation of justice without resorting to technicalities, time-wasting, or unnecessary applications for adjournments.
NOTICE TO ALL LAWYERS IN NIGERIA ON COMPLIANCE WITH ANTI-MONEY LAUNDERING AND TERRORISM FINANCING PROVISIONS OF THE RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS, 2023
NBA shall work with the NJC and various Heads of Courts to ensure effective utilization of the Legal Mail project initiated by the NJC as well as work for the commencement of electronic filing and payment platforms for all superior and appellate courts in Nigeria to end the unnecessary costs, delays and inefficiencies encountered in filing processes in our courts.
We also hope that such collaboration will lead to the amendment of various laws and court rules to accommodate electronic methods in conducting activities in courts: filing and services of processes as well as hearing of matters and applications.
Thank you for your kind attention
Mazi Afam Osigwe, SAN
NBA President.
