ADDRESSING DELAY IN JUSTICE ADMINISTRATION
Besides tackling corruption, there is need to overhaul the entire judicial structure
The concerns raised by both the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) over persistent delays in judicial determination of corruption cases deserves attention. But the challenge of justice administration in Nigeria goes beyond the delay in corruption cases. It is a general problem that has festered over several decades, now compounded by the appointment of sitting judges as members of election petition tribunals and commissions of enquiry. With that assignment which many crave and lobby for, other cases in their courts are usually adjourned for several months or in some instances, years.
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, recently waded in by saying that where judges familiarise themselves with relevant laws and case management techniques, their decisions would come with minimal delay. “The modern judge is not a passive arbiter. While impartiality remains paramount, judges are expected to exercise informed and active control over proceedings to ensure fairness, efficiency, and procedural discipline,” said Kekere-Ekun who called on Judges to curb delay tactics that compromise the trial process. “Undue or routine adjournments to rule on issues of admissibility should be discouraged, as they contribute to delay and undermine the momentum of trial proceedings.”
However, beyond the action of some Judges, the rules of procedure in our courts have also placed undue emphasis on technicalities which are invariably exploited to delay hearing of cases. In some instances, cases which commence at the customary/area courts and magistrate courts are also pursued to the Supreme Courts by aggrieved parties. Other challenges include working conditions that are detrimental to a speedy determination of cases by Judges. Owing to lack of accommodation in some jurisdictions, judges are compelled to share court rooms. As law libraries are ill-equipped, lawyers are requested by judges to submit photocopies of legal authorities cited by them in their submissions.
Indeed, the trouble with the Nigerian judiciary can be located in the entire structure, starting from the court gatemen to bailiffs to clerks to registrars down to messengers and typists—officials who equally play important roles in the dispensation of justice. Oftentimes, these judicial personnel are responsible for the delay of cases in our courts. For instance, when bailiffs refuse to serve court processes simply because they could not extort money from the litigants/counsels, there is bound to be a delay. That explains why in many courts, there are several instances when litigants would get to court only to learn that their case files have either been misplaced or lost.
While there have been efforts to address some of these challenges, not much has been achieved in that direction. Two years ago, the House of Representatives mandated its Committee on Constitutional Review to seek practical solutions to this nagging problem of delay in justice administration. The Benjamin Kalu-led committee was tasked with consulting experts, civil society, and citizens to gather inputs for meaningful reforms with December 2025 set as deadline. The resolution followed the adoption of a motion titled, “The need to review Nigeria’s justice and judicial system to restore public trust in the judiciary and address the delay in providing justice,” sponsored by Ganiyu Ayuba.
Beyond dealing with the foregoing issues, we also support the idea of the alternative dispute resolution mechanism being practiced in some states. Many Nigerians are hardly involved in interminable litigations in the “regular” courts which are patronised in urban centres. In most rural communities in the country, disputes are largely resolved through mediation and arbitration. The traditional judicial mechanism has worked effectively from time immemorial. A few of the 36 states have also adopted it by introducing the imported multi-door system and mediation centres. It is a worthwhile idea.
