The yearly recess period for Nigerian courts which lasts between
eight and 12 weeks contributes to delayed trials, an advocacy
group, Access to Justice, has said.
Adenike Aiyedun, the group’s deputy director, said in a
statement Thursday that an immediate review of the courts’ vacation
is needed for the efficiency of Nigeria’s judicial system.
“From the outset, we acknowledge that Nigerian judges face
enormous challenges, as with many other Nigerians, with regards to
a lack of proper infrastructure and difficult working conditions,
and also understand that many judges often extend their official
working hours into their private time in order to meet the
exigencies of their dockets,” Ms. Aiyedun said.
“Yet, in spite of these challenges, there are also important
counterveiling considerations. So much of what the public and the
country expects of the judiciary is not being met at this time, and
this has created significant agitation among court users,
ultimately reducing the level of trust placed in this arm of
government.”
Many federal and state high courts went on vacation last week
and would resume in September and October.
The courts also go for Easter and Christmas recess which lasts
two weeks each.
Ms. Aiyedun said the Nigerian judiciary enjoys one of the
lengthiest vacation systems in the world, despite the country
having some of the most intractable problems of court delays among
its peers around the world.
In most western countries, Ms. Aiyedun said, superior court
judges go on leave for between four to 12 weeks every year.
“During these vacation periods, however, the criminal justice
system is not put in abeyance as a result.
Many countries ensure that judges’ holidays are staggered and
not cumulative to make sure that the justice system remains in
service all through the year,” she said.
“Some countries have abolished General court recess all
together, to ensure, the efficacy of their criminal justice system
and guarantee the protection of fair trial rights for their
citizens.
“In India, for instance, which shares some social
characteristics with Nigeria, judges go on recess for only nine
weeks cumulatively.”
Court delays account for about 70 percent of the awaiting trial
inmate population in Nigerian prisons, according to Access to
Justice.
“Long court vacations also jeopardize the fair trial rights of
persons who are in prison custody and are undergoing trial, or
persons who are not entitled to bail, or have not been able to meet
bail terms,” said Ms. Aiyedun.
“Furthermore, long court recesses negatively impact on the trial
of corruption cases, and are also partly responsible for the
tardiness in the conclusion of those cases.
“Given the public interest in the timely disposition of
corruption cases, there is an urgent need to reform how judges
handling corruption cases should break for vacation.
“Moreover, long court vacations adversely affect the
availability of witnesses to give evidence during trials, and can
have serious impact on the outcome of trials.”
The group urged the National Judicial Council to, as part
of its reform agenda, adopt policies limiting judges’ vacation
period to a total nine months every year.
“And, particularly, changing vacation procedures so that all
criminal courts run continuously throughout the year, with
exceptions being made for individual or staggered vacation for
criminal court judges.”
The yearly recess period for Nigerian courts which lasts between
eight and 12 weeks contributes to delayed trials, an advocacy
group, Access to Justice, has said.
Adenike Aiyedun, the group’s deputy director, said in a
statement Thursday that an immediate review of the courts’ vacation
is needed for the efficiency of Nigeria’s judicial system.
“From the outset, we acknowledge that Nigerian judges face
enormous challenges, as with many other Nigerians, with regards to
a lack of proper infrastructure and difficult working conditions,
and also understand that many judges often extend their official
working hours into their private time in order to meet the
exigencies of their dockets,” Ms. Aiyedun said.
“Yet, in spite of these challenges, there are also important
counterveiling considerations. So much of what the public and the
country expects of the judiciary is not being met at this time, and
this has created significant agitation among court users,
ultimately reducing the level of trust placed in this arm of
government.”
Many federal and state high courts went on vacation last week
and would resume in September and October.
The courts also go for Easter and Christmas recess which lasts
two weeks each.
Ms. Aiyedun said the Nigerian judiciary enjoys one of the
lengthiest vacation systems in the world, despite the country
having some of the most intractable problems of court delays among
its peers around the world.
In most western countries, Ms. Aiyedun said, superior court
judges go on leave for between four to 12 weeks every year.
“During these vacation periods, however, the criminal justice
system is not put in abeyance as a result.
Many countries ensure that judges’ holidays are staggered and
not cumulative to make sure that the justice system remains in
service all through the year,” she said.
“Some countries have abolished General court recess all
together, to ensure, the efficacy of their criminal justice system
and guarantee the protection of fair trial rights for their
citizens.
“In India, for instance, which shares some social
characteristics with Nigeria, judges go on recess for only nine
weeks cumulatively.”
Court delays account for about 70 percent of the awaiting trial
inmate population in Nigerian prisons, according to Access to
Justice.
“Long court vacations also jeopardize the fair trial rights of
persons who are in prison custody and are undergoing trial, or
persons who are not entitled to bail, or have not been able to meet
bail terms,” said Ms. Aiyedun.
“Furthermore, long court recesses negatively impact on the trial
of corruption cases, and are also partly responsible for the
tardiness in the conclusion of those cases.
“Given the public interest in the timely disposition of
corruption cases, there is an urgent need to reform how judges
handling corruption cases should break for vacation.
“Moreover, long court vacations adversely affect the
availability of witnesses to give evidence during trials, and can
have serious impact on the outcome of trials.”
The group urged the National Judicial Council to, as part
of its reform agenda, adopt policies limiting judges’ vacation
period to a total nine months every year.
“And, particularly, changing vacation procedures so that all
criminal courts run continuously throughout the year, with
exceptions being made for individual or staggered vacation for
criminal court judges.”
Read more https://nairalaw.com/nigerian-judges-vacation-too-lengthy-group-says/