The government initiative to accelerate adjudicatory dispute resolution in Lagos State is an ingenious precedent-setting strategy that aligns with global fair trial standards. The scheme is overdue, considering that the country’s judiciary has been characterised by slow machinery that has often frustrated litigants, some of who die before the conclusion of their cases.
The Attorney-General and Commissioner for Justice of Lagos State, Lawal Pedro (SAN), disclosed that plans are underway by the Lagos State Government State (LASG) to enact an Administration of Civil Justice Law (ACJL). The bill, which is before the State House of Assembly, seeks to abridge the time for litigation at the trial courts. When it is eventually metamorphosed into a law, civil trials are expected to be concluded within 18 to 24 months, and tenancy matters will be dispensed between three and six months.
As regards the Lagos State criminal justice system, Mr Pedro explained that the delay in obtaining the Director of Public Prosecution (DPP) legal advice and prosecuting suspects has been addressed. He added that the Lagos State Criminal Information System (LSCIS) has been established to capture photographs and biometrics and identify the cases of all inmates in the state’s Correctional Centres.
The judiciary, as the dispenser of justice, protector of the rights of the people, guardian, protector, custodian and embodiment of the laws, plays a crucial role in society. An efficient judicial sector is a fundamental catalyst for political stability and economic growth. It is expedient for progressive-oriented societies to have a periodic performance-enhancing judicial system. The need to reform lifelong, slow-paced justice administration in Lagos State cannot be overemphasised.
Whilst the extant federal and state governments have prioritised the economic well-being of judicial officers, very little is being done to improve the judicial institution. Several cases instituted in the 80s and 90s are still pending before various first-instance courts in the country. Cases traversing the appellate courts up to the Supreme Court may take decades.
The Lagos State Government is taking the right direction by planning to streamline justice administration, and other states should follow suit. If properly implemented, the proposed law would substantially solve the fundamental problem of delayed justice prevalent in the state. It stands to reason that “If legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.” Delays sometimes lead to the degradation of evidence, compromise the rights of the parties, and unavailability of victims and witnesses (due to death, relocation, or any other circumstance). Simply put, “Justice delayed is justice denied”.
However, it is expected that LASG will ensure strict compliance with the intended ACJL. The 1999 Constitution in Section 294(1) mandates every constitutionally established court to deliver its decision in writing not later than 90 days after the conclusion of the evidence and final addresses and furnish all parties with duly authenticated copies of the decision within seven days of its delivery. In practice, this constitutional provision is observed in default without any consequences. The proposed legislation should not be left to suffer the same fate. The state government should demonstrate the willpower to enforce it to the letter.
An adjudicatory mechanism that takes eternity to run its course is not trustworthy. Consequently, to inspire public confidence, judicial officers must conduct their business through a process that is manifestly seen as fair and prompt and upholds the rights and dignity of litigants. Not only is the present national justice system anachronistic, but it is also completely broken. To remedy the situation, the judiciary has to undergo holistic reform. A hybrid system (that leans heavily on the digital process) that promotes efficient management of cases, speedy dispensation of justice, and protection of the rights and interests of the disputants and members of society is recommended. Timelines should be set for every stage of judicial proceedings, including enforcement of judgments. Litigants should be able to conveniently monitor the progress of their matters from time to time.
To assume that any planned reform would yield the desired results without the reformation of the system operators would be naive. Even a perfect procedural system will not work if it is not run by highly professional players (i.e. judges, court officials, lawyers, and law enforcement officers) of good conscience. While every stakeholder is obligated to contribute to strengthening the system, judicial officers have a more significant role.
The era of judicial indiscipline should be relegated to the annals of history – Judges must sit at least four working days a week and should only be excused from sitting on cogent grounds. Habitual absenteeism should constitute sufficient grounds for disciplinary action. Judges’ primary responsibility is to identify and eliminate the barriers to quick justice delivery. Jurists should master the art of concise judgment writing and avoid superfluous repetition of facts. Judgments should capture the real issues in controversy, the court’s resolution of the same and the reason(s) for the decision.
The court should maintain zero tolerance for stalling tactics usually deployed by lawyers to frustrate the adverse party. Frivolous applications should be struck out with substantial costs imposed on the counsel for the applicant. Similarly, impediments to the enforcement of judgments should be dismantled. Judgment creditors are entitled to their decisions and should not be unduly burdened with corruption-laden bureaucracy. Court officials should be compelled to do their jobs or face the consequences!
Concerning criminal matters, the investigating authority must do its due diligence before indicting or arraigning suspects. The prosecution should obtain the advice of the DPP before arraignment. Additionally, bail conditions for simple offences and misdemeanours should be liberal to decongest the correctional facility.
Furthermore, each Ministry of Justice of each state should have a special unit to handle ‘awaiting trial cases’. It is inhumane to jail accused persons and refuse to try them in court. Every person, under Nigerian criminal law, is presumed innocent until found guilty by a court of competent jurisdiction.
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