Court Delays Drive Up Cost of Justice, Says Youngest Female SAN

Wale Igbintade 

The youngest female Senior Advocate of Nigeria (SAN), Mrs. Olamide Mojigbotoluwa Adekunle, has identified delays in justice delivery as a major cause of high litigation costs and limited access to justice, urging Nigerian courts to adopt more effective case-management strategies to expedite the resolution of disputes.

Adekunle, a partner at Afe Babalola & Co., said prolonged litigation imposes significant financial burdens on litigants and can force them to accept unfavourable settlements or abandon otherwise meritorious claims.

She made the observations while reflecting on her elevation to the Inner Bar, the challenges confronting Nigeria’s justice system and the reforms needed to strengthen the rule of law and promote economic development.

According to her, delays in justice delivery are not merely one of several problems facing the judiciary but a major underlying factor that aggravates other challenges, including the high cost of legal services and restricted access to legal representation.

She explained that every adjournment increases litigation costs through additional professional time and lost working hours for litigants. The longer a case remains in court, she added, the greater the financial burden on the parties.

Adekunle also expressed concern about the implications of delayed justice for the criminal justice system, noting that awaiting-trial inmates constitute a large proportion of Nigeria’s custodial population.

Although she cautioned against sacrificing justice in the pursuit of speed, the lawyer maintained that delays could be substantially reduced through effective case management, appropriate incentives and greater discipline in the conduct of litigation.

Citing election litigation as an example, Adekunle said the strict constitutional timelines governing the resolution of electoral disputes demonstrated that cases could be determined within prescribed periods when the necessary discipline was applied. 

She noted that election tribunals must deliver their judgments within 180 days of the filing of petitions, while appeals must be heard and disposed of within 60 days of the relevant judgment.

She also highlighted the constitutional timelines for pre-election disputes, under which courts of first instance must deliver judgments within 180 days of the filing of suits, while appeals must be heard and disposed of within 60 days of their filing. 

According to her, these provisions demonstrate the importance of firm deadlines in ensuring timely adjudication.

Adekunle argued that delays in ordinary litigation are substantially influenced by incentives and case-management practices, rather than being attributable solely to a lack of institutional capacity.

To reduce the workload of the Supreme Court, she proposed expanding the categories of cases in which decisions of the Court of Appeal would be final, thereby limiting the number of disputes proceeding to the apex court.

She also advocated the establishment of specialised commercial divisions in every state, with fixed timelines for resolving contractual and debt disputes.

 According to her, the effective enforcement of contracts is a practical measure of the investment climate and an important factor in economic development.

The lawyer further called for the effective implementation of the constitutional provisions guaranteeing the financial autonomy of state judiciaries and urged public institutions and individuals to obey court orders promptly. She stressed that reforms would achieve their intended purpose only if existing legal provisions were implemented in practice.

On access to legal services, Adekunle said Nigeria already had mechanisms for assisting indigent citizens, including the Legal Aid Act, provisions for reduced court costs for qualifying litigants and pro bono services encouraged by the legal profession. 

She called for greater public awareness of these initiatives, noting that many Nigerians remained unaware that such assistance was available.

She also urged law firms to create supportive working environments that accommodate women through different stages of their lives, including maternity and childcare.

 According to her, professional mentorship, sustained effort and a workplace that supports women’s personal and professional responsibilities are essential to career advancement.