The 2019/20 legal year was heralded at the Federal High Court Headquarters in Abuja, with a court session attended by respected jurist from the Bar to the Bench, as well as learned silks who harped on salient issues affecting the judiciary and how to confront them. KEHINDE OSASONA was there.
The peculiar situation in the judiciary was in the fore burner of discussions at the special court session marking the commencement of its new legal year 2019/2020 in the FCT. According to the acting Chief Judge of the Federal High Court, Abuja, Justice John Tsoho acting Chief Judge of the federal high court, Abuja, Justice John Tsoho, “There was no provision in the 2019 budget for the appointment of new judges for the court.”
Quick justice dispensation
Justice Tsoho, who said that in the last three months alone, 16,144 cases were filed out of which about 12,692 of them were disposed, noted that with dearth of judges at the Federal High Court, which instance is a court with the widest jurisdiction in terms of spectrum of subject matters it is competent to adjudicate on, justice dispensation in the court and by extension the nation’s judiciary would be at the receiving ends.
Describing the Federal High Court as the hub of the judicial system, he said appeal on its decisions constitutes a substantial fraction of cases pending before the appellate courts.
“It is pertinent at this juncture to highlight the status of litigation before this court in the past legal year. It is obvious that the judges were overburdened with work in the last legal year. We therefore need to engage more judicial officers to help out.
“However, it appears that there was no provision for appointment of judges in the current budget. I will make efforts to discuss with the relevant stakeholders to see to the possibility of facilitating the recruitment of more judicial officers in the course of the year.” Justice Tsoho observed.
While commending the judges of the court for “the efficient way pre-election matters were handled,” he, however, queried whether with pending cases to contend with the nation’s judiciary could possibly overcome the quagmire that has not only rendered the institution inefficient over the year, but had also become a cog in the wheel of quick justice dispensation.
In the same vein, the Chief Justice of Nigeria (CJN) Ibrahim Tanko Muhammad, in his speech tasked judges to redouble their efforts in order to quicken dispensation of justice in the country.
“As a way of ensuring speedy dispensation of justice in the country, Judges in the country should discharge their judicial duties in order to decongest our courts of the high volume of cases,” he said.
SANs seek unbundling of Courts
The Body of Senior Advocates of Nigeria (BOSAN) also bared its minds on some of the clog which in their opinion has negated the activities of the legal practitioners and the judicial institution as a whole.
Chairman, BOSAN, Abdulahi Ibrahim (SAN) wondered how a judge copes with about 25 cases in a day, even as described the situation as unnecessary workload.
Represented by Chief Adegboyega Awomolo (SAN), the chairman of the body maintained that the Federal High Courts must be broken into specialized divisions to increased productivity.
He said, “In the same cause list, you have suits on aviation fundamental rights enforcement, bankruptcy and insolvency, terrorism, mines and minerals including pollution, natural gas, including arbitration matters, arms and ammunition, cybercrimes, treasonable felony and allied offences and interpretation of the Constitution causes.
“The learned trial judge moves from one law to the other within hours with rulings and judgments to be delivered thereon.
“My Lord, specialised divisions of the federal court will lead to specialisation, increased productivity; reduce the much-talked-about delay in the administration of justice arising from unnecessary workload.”
Speak out at critical moment – NBA
On its part, the Nigerian Bar Association (NBA) called for introspection for Bar and Bench to ruminate on national issues particularly those that affect the justice sector.
The National President, NBA, Usoro Usoro, took a swipe at the executive arm of government, alleging that they are unceasingly critical of the judiciary and its decision particularly in matters that that the government and its agencies may be interested in.
He noted that the society needed and can only survive it had independent-minded judges.
“It is not unusual these days to hear high officials of government talk down the judiciary and ridiculously and rather ill-advisedly dump all the ills of society on the judiciary.
“Decision by your Lordships are sometimes brazenly denigrated and attributed to ulterior ill motives. Society is diminished when judges are robbed of their independent minds and thought processes and the confidence of the ordinary person in the judiciary is thereby diminished, if not destroyed. Self-help and Anarchy ultimately become the available remedy.” He observed further.
New grounds
Despite the challenges identified by stakeholders at the ceremony, the Nigerian judiciary has nevertheless recorded some feats which have placed it on pedestal of progress.
While he was reeling out some of the achievements and new grounds broken by the Federal High Court, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, particularly applauded the court for the newly-introduced Federal High Court (Civil Procedure) Rules, 2019, and expressed optimism that the new rules would addressed some peculiar challenges of the 2009 Rules.
According to Malami, the new rules, which replaces the 2009 edition, would help in upholding the rule of law, ensure speedy and efficient dispensation of justice.
“It must further be noted that the 2019 Rules comes with new provisions which include but not limited to the following: establishment of communication and service centre for e-filling; provides where such matters would be heard; provides for consolidation of suit and the extension of days required to file defence to originating summons from fourteen (14) days to thirty (30) days, amongst others,” he said.
