When Getting Court CTCs Remains a Hurdle

For many Nigerians, the courts have become a source of frustration, not just for issuing frivolous orders or delivering controversial, vague, and inconsistent judgments, but also for the growing delays in providing certified true copies of those judgments to litigants, Davidson Iriekpen writes

One of the major fallouts from the Federal High Court in the suit filed by Senator Natasha Akpoti-Uduaghan against the Senate over her suspension was the delay in releasing the Certified True Copy (CTC) of the judgment. About a week after the verdict, both the Senate and Akpoti-Uduaghan’s lawyers waited anxiously for the CTC to know the next line of action to take, for a document that should have been released the same day.

CTCs of court judgments are a vital and verified duplicate of the original court decision, officially stamped and signed to confirm their authenticity. They are necessary documents for various legal processes, such as filing an appeal, seeking enforcement of judgments, or proving a court decision in other legal matters.

While the judgments may already be written down, the process of certifying and issuing them is thought to be relatively straightforward—simply requiring the judges to sign off on the written documents and release them to the litigants.

The process for obtaining a CTC typically involves applying to the court that issued the judgment and paying the prescribed fee. 

When the judgment in the Akpoti-Uduaghan versus Senate’s case was delivered by Justice Binta Nyako, due to the timely non-release of the CTC, news all over the media platforms and even the suspended senator’s camp was that the court had ordered her immediate reinstatement. 

It was a week after when the CTC was released that parties in the suit and Nigerians in general knew that the reverse was the case.

Under the law, CTCs of court judgments are stipulated to be made available within seven days. But many lawyers said they often wait for months to obtain the copies and sometimes miss the three-month deadline to file an appeal. This, lawyers say, has become a big problem in the administration of criminal justice in Nigeria and has led to the denial of justice.

In the United Kingdom and other developed countries Nigeria strive to emulate, from the Magistrate’s Court to the Supreme Court, immediately judgments are delivered, they simultaneously release the CTCs to the public and social media for all to see. The same cannot be said of Nigeria.

Currently, there are growing concerns over the delay in issuing CTCs of court judgments delivered. Though the judgments were read aloud in open courts for some hours, litigants and legal professionals still wait for the CTCs for weeks and months after their delivery.

These delays usually lead to widespread confusion and misinterpretations surrounding the judgment’s content, with many individuals taking positions based on hearsay or personal sentiment rather than the actual text of the decision.

On many occasions lately, the legal community and the public have had to raise questions on why it takes courts, including the Supreme Court, a long time to produce and issue CTCs after judgments are delivered.

A farmer in Ilawe Ekiti in Ekiti State, Babatunde Adebisi, recalled how the delay in obtaining a CTC of a judgment forced him to forfeit two plots of land in 2015.

Adebisi said his lawyer told him that he was waiting for the copy for more than three months. He believed that he could have reclaimed the land if he had been able to appeal the judgment.

Another litigant’s experience was at the National Industrial Court in Akure, Ondo State. He said it took more than 90 days to obtain the CTC of the judgment delivered by the court against his client.

Many have attributed the delay in releasing CTCs of court judgments in Nigeria to a combination of factors, including bureaucratic process, inadequate resources and corruption.

There are strong allegations that some delays are perpetrated deliberately to give the judges and even the court officials in connivance with dubious lawyers the opportunity to alter the original judgment to suit a particular party in a dispute.

The difficulties in obtaining CTCs can hinder access to justice for individuals and organisations. In some cases, it may even prevent individuals from pursuing legitimate legal claims. 

While the legal framework generally supports the issuance of CTCs, practical challenges in implementation can make it difficult to realise this right. 

For example, the Evidence Act 2011 requires CTCs of public documents for admissibility in court, but obtaining them can be challenging. Section 104 of the Evidence Act specifically addresses the admissibility of such documents. 

One of the major concerns surrounding the delay is the growing number of misconceptions about judgments. Those who were not present during the reading of some judgments or have not yet seen the CTC are relying on word of mouth or interpretations from others.

Legal practitioners fear that this could lead to significant errors in understanding, particularly if individuals or media outlets take parts of the judgment out of context.

A legal practitioner, who spoke to THISDAY on account of anonymity, argued that while it is understandable that preparing the CTC may take time, the extended wait is hindering a clear understanding of the judgment. 

“The delay is creating room for misinterpretation and misconceptions on several aspects of the judgment. Most of the people taking positions on the judgment have not read it or were not present when it was delivered, which is leading to blind conclusions.”

He emphasised that for those who were present in the courtroom, it is nearly impossible to retain all of the information presented during a one-hour-and-thirty-five-minute reading. 

“That’s why the CTC is crucial—it provides clarity and allows for accurate reference,” he added.

“There may be other procedural matters, like ensuring that the judgment is fully accurate and in line with legal norms, that could explain the delay. But the lack of transparency in how long this takes is undoubtedly raising questions about efficiency,” said another lawyer who did not want his name mentioned.

The delay in releasing the CTC of the judgment of the Federal High Court in Abuja is also drawing attention to broader concerns about the pace of the judicial process and the need for the courts to streamline their procedures. 

As the final arbiter in the nation’s legal system, courts’ decisions hold significant weight, and ensuring transparency and clarity in their processes is essential for upholding the rule of law and public confidence.

While it is understood that courts have internal processes to manage, it is clear that the timely issuance of CTCs is critical for the public, litigants, and legal practitioners alike. The public trust in the judiciary’s work depends on its ability to provide clear, accurate, and prompt judgments.

For now, litigants and the public are hoping for a more efficient system moving forward. The courts should address this issue to prevent future delays and confusion.