Nigeria Judiciary System Problems and Way Out
CHAPTER ONE
Objectives of Study
The following are the objectives of this study:
- To examine the problems in the Nigerian judicial system.
- To identify the way out of problems in the Nigerian judicial system.
- To determine the factors encouraging problems in the Nigerian judicial system.
CHAPTER TWO
LITERATURE REVIEW
Review of Empirical Literature
In a research of this nature, the importance of empirical literature cannot be underestimated. It evaluates the adequacy of the various research work done by scholars on the judiciary as a major unit of criminal justice system in Nigeria.
Research conducted by Obi – Okoye (1988), gave a historical survey of judicial trials in Nigeria tracing its way back before 1914, when trials took place in haphazard courts, some traditional, some commercial or group interest courts and other statutory courts. The book epitomized one of the greatest contributions as it captured the development of judicial trials in Nigeria. The author critically examined the ambit of the courts and their subsequent jurisdictions. He equally acknowledged the noticeable strides in the judicial determination of disputes.
Yusuf (2006: 13), emphasized diverse issues such as “the role of an independent judiciary in an emerging democracy, the rights of prisoners and detainees in Nigeria, EFCC and dispensation of justice, and the removal of judicial officers by the executive arm”. The author argued that the main objectives of any criminal justice dispensation are the prevention and control of crime, the correction of offenders and by implication, the action and preservation of legitimate individual liberty rights and freedoms.
Dambazau (1994), made an in-depth study of the theories of law and proceeded to dissect the meaning of law and its functions in the society from the jurisprudential, sociological and anthropological perspectives. He also examined by statistical data, crime that are rampant in Nigeria and the punishments as he considered the ineffectiveness of police to curb crime and also discussed the problems of the Nigeria police.
Yakubu and Agbede (2000), variously made their contributions to the understanding and constraints of justice in Nigeria. They noted the problems associated with law enforcement in Nigeria pointing out the fact that there is hardly any provision that takes care of a criminal after he must have served his term of imprisonment, and as such many become recidivist with serious security implication on the citizens.
Available research made by Adeyemi (1994) and Ahire (2004), have established that justice agents especially the police and the judiciary frequently exercise their discretion in the administration of justice to the detriment of the poor and the underprivileged and in favour of the rich. The arbitrary use of discretion by these agents of justice was reported in Adeyemi’s (1994) study, of the sentencing disposition of a sample of judges and magistrates in Lagos. This study revealed that the most heavily used disposition was imprisonment.
In the same vein, Fadipe (2000), expressed his disappointment that some magistrates and judges in Nigeria do not take time to study the provisions of the Procedure Act and other relevant laws regarding sentencing which provide for other forms of sentencing. Thus, Ahire (2004) dwelt extensively on the lack of “Fit” between the declared policy of penal reform in Nigeria and the practical realities within it.
According to Aderemi (2004) most judges believe that he who pays the piper dictates the tune or that since their bread is buttered by government, they must not give decisions that run contrary of the action even if illegal of the government. He emphasized that delay in respect of an accused who is awaiting trial or who is being tried, definitely affects the potency of the established law enforcement.
CHAPTER THREE
DISCUSSION AND ANALYSIS
Factors Militating the Judiciary System
Propositions I: Factors that are responsible
- Case flow management
- Frequent adjournments
- Absence of counsel
- Absence of witnesses
- Judiciary involvement in politics
The overall objective of the court is a just and timely determination of every case that comes before the court. The court’s process should be open, efficient, understandable and accessible.
Case flow management process is intended to contribute to the achievement of those objectives and in the process, create a better environment for those working within the system and better job delivery for the public they serve.
Each judge is expected to manage the cases filed before him or sent to him in order to avoid congestion in his court. But when new cases come to him in rapid succession, as does happen in some jurisdictions, congestion will build up and become unavoidable. However, even in such circumstances, one can easily distinguish a lazy judge from a hardworking judge. If a judges output is low, the pending cases can build up, which is not necessarily that many cases have been placed before him to handle. Some judges crawl in writing, others engage in unnecessary arguments with counsels during hearing, while still others cannot sit for long at a stretch (Idoko, 1995).
CHAPTER FOUR
SUMMARY, CONCLUSION AND RECOMMENDATION
Summary
This study was carried out to evaluate the judiciary in Nigeria there problem and suggest a way out from it. The performance of judiciary should be expeditious, efficient, effective and credible in the society.
The study used three propositions to discuss and analyze the factors that are responsible for slow dispensation of justice in the Nigerian judiciary system, the financial autonomy of judiciary and the condition of service of judiciary staff.
The research identified legal constraints that impede the progress of justice from the judiciary in Nigeria using Enugu State as a reference point, and noted that such constraints stem from the problem of case flow management, long adjournments, absence of counsels and absence of witnesses. Quick dispensation of justice arguably remains the most perturbing aspect of justice system as faultless rules are destined to become redundant, unless adequate safeguards exist for substantial minimization of delays in the judiciary justice system. It was observed that there remains the recurrent problem of case flow management, where a judge is expected to manage the cases filed before him or sent to him in order to avoid congestion in his court.
Conclusion
In the light of the fact that the Nigeria judicial system is besieged by both institutional and legal constraints, it is obvious that changes are inevitable and that judiciary system should move and adapt to changes in society. Any legislation that fails to respond to societal needs is bound to be fraught with the inevitability of failure. Laws therefore need to be revisited in the form of amendments to evolve a system that has just, humane and responsive in line with what obtains in more advance countries.
Recommendations
The problem of judiciary in Nigeria as seen from the reference pointEnugu State is enormous. To establish a firm and functioning judiciary, the following are thereby recommended for speedy dispensation:
The objective of the court is a just and timely determination of every case that comes before the court. Court process should be open, efficient, understandable, and accessible in other to create a better environment for those working within the system and better job delivery for the public they serve. The judges should manage the cases filed before them or sent to other court in order to avoid congestion in his court.
References
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- Ahire, T. A. (2004). “Prison congestion: The role of police, the judiciary and lawyers”. The Reformer 1(4) 26 – 32.
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- Barton, C (2003) Restorative justice. The empowerment model. Sydney: Hawkins press.
