Why The Judiciary Seem To Have Gradually Been Losing Its Status As The Last Hope Of The Common Man By Hameed Ajibola Jimoh Esq. – TheNigerialawyer

The judiciary in the democratic Nigeria is the third arm or one
of the three arms of government. The main purpose of the judiciary
is to settle disputes between litigants and to interpret the
laws.

Citizens have been conferred the Constitutional right of access
to court to champion their cause before a competent court for
remedy. Also, the judiciary represented or symbolized by the
Nigerian courts have thereby become or perceived as the last hope
of the common man as every litigant is mandated or under the
obligation to respect and obey and or abide by whatever the Court
decides regardless of whether the decision of the court is right or
wrong or perceived as such. However, there comes the gradual loss
of the status of being the last hope where common man resorts to
for settlement of disputes. This paper aims to share some pieces of
reasoning perceived by the writer or author as the cause or reason
for this sudden gradual loss of the status of the Nigerian
judiciary.

The socio-economic right of every Nigerian citizen to social
justice has been guaranteed by the Constitution of the
Federal Republic of Nigeria, 1999 (as amended)-herein after
referred to as the Constitution, which is the social objective
provided by section 17 of the Constitution thus ‘17.—(1) The State
social order is founded on ideals of Freedom, Equality and Justice.
(2) In furtherance of the social order— (a) every citizen shall
have equality of rights, obligations and opportunities before the
law ; (b) the sanctity of the human person shall be recognised and
human dignity shall be maintained and enhanced ; (c) government
actions shall be humane ; (d) exploitation of human or natural
resources in any form whatsoever for reasons other than the good of
the community shall be prevented ; and (e) the independence,
impartiality and integrity of courts of law, and easy accessibility
thereto shall be secured and maintained.’. (Underlining is
mine for emphasis). Also see Articles 3 and 7 of the African
Charter on Human and Peoples Rights (Ratification and Enforcement)
Act, 1990, Laws of the Federation of Nigeria (2004 as
amended). From this provision, it is clear that the door
to approach a court of law in time of need is open to every citizen
of Nigeria without any discrimination. Also, this right to access
Nigerian courts are also conferred on even a foreigner whose
country is a member of the African Unity, as the words used in the
African Charter on Human and Peoples Rights (Ratification
and Enforcement) Act, 1990, Laws of the Federation of Nigeria (2004
as amended) is ‘individual’ and not ‘citizen’ as used in the
Constitution to only cover only Nigerian citizens. This
right to access Nigerian courts in compliance with laid down
procedures is also conferred on every individual who is a member of
the United Nations as conferred by Articles 7, 8, 9, 10 and
11 of the United Nations Universal Declaration of Human Rights
Resolution 219A (III) of 10, December, 1948, to which Nigeria is a
member. To this point being made by the above referenced
laws, it is clear that the right of every citizen of Nigeria to
access the court of law for remedy is sacrosanct.

Nevertheless, here comes the challenge of citizens departing
from the path of approach to court for judicial determination
rather, they engage in self-help, jungle justice, vengeance,
retaliation, among others. It must however be clarified that it is
not really that those citizens or individuals do not know that
court of law exists or that the court is to be approached for
redress, but because, the trust that majority of citizens have in
the judiciary is dying though in a gradual process. Citizens no
more have faith in a just determination of disputes by the
impartial umpire- the Court- and in the court’s system rather they
prefer to do their things or decide their matters in their own
ways, the situation which if allowed to stand, would lead to
anarchy and chaos making things to fall apart and forbidding the
center to hold itself together. It is important for the reader and
the government to be bothered by this sudden gradual loss of
judicial status as the last hope of the common man and to
investigate the likely causes of this great challenge. In my humble
view and with my respectful reasoning, I have observed some of
these causes which I would like to share. I understand that though,
there might be contrary view from the reader, this view remains
mine as I reason.

One of the causes is the alleged judicial bribery and corruption
which has had its way into some judicial officers. Members of the
public no doubt, do not forget these allegations so easily. It
remains in their memory and forms parts of their considerations in
dealing with the judiciary or the way that they perceive the
judiciary. The National Judicial Council which is the symbol of the
judiciary and the Courts must continue to do its best by ensuring
that allegation of corruption against any judicial officer is duly
investigated and the perpetrator should be disclosed and not to be
covered to be allowed to escape disciplinary measures/punishments.
Also, the National Judicial Council should keep sensitizing members
of the public on the courage to report any suspected corrupt
practices against any judicial officer as judges are also not
exempted from discipline by the National Judicial Council.

Another cause in my humble view, is compiled cases in court
which is experienced in the Nigerian courts starting from the lower
courts to the Supreme Court of Nigeria. The court is becoming very
difficult to have a quick determination of disputes, despite that
justice delayed is justice denied. Due to the number of
adjournments in even tenancy matter in court, a landlord is
compelled to tolerate recalcitrant or stubborn tenant to remain on
his premises for many years more in addition to the tenant’s
refusal or inability to pay his rent. I personally have a tenancy
matter that has been lingering for two years now. The tenant
remains on the premises and has not paid his rent for about three
years. Is the landlord not frustrated by the court’s process, which
gives rise to why some landlords resort to self-help or use the
police to eject the tenant or remove the roof or disconnect social
amenities entitled to by the tenant rather than approaching a
court, in addition to his litigation expenses. There is no doubt
that a court system will not effectively work where a judge has to
sit to hear about not less than twenty (20) cases a day and will
have to record proceedings in his hand written, give ruling and or
judgment as the circumstances determine, etc. Even at the Court of
Appeal, adjournment is a curse! I had got an adjournment in a
matter at the Court of Appeal in the month of June, 2019 adjourned
to the month of June, 2020. Even at the Supreme Court of Nigeria,
it has been reported that no date for a fresh matter earlier than
the year 2023 (though, I do not know how true this fact is). So,
how will a litigant believe in a crawling judicial process?! These
adjournments have occasioned a compilation of cases in court as
cases keep approaching the courts for determination. This
overwhelming cases in court awaiting judicial determination have
caused a setback in the relationship between the bench and the bar
as both now engage in confrontation at some occasions even though
they are all Ministers in the Temple of Justice. Judges no more
have the relief to have time to converse and communicate with the
bar. Some Senior Advocates of Nigeria too, with due respect, make
narrations that also take away the time of the court. Judges now
function as personnel undergoing pressures. Another pressure is
that National Judicial Council must not query them, so, they have
to just do their best!

Furthermore, judges are human beings. They undergo all natural
characteristics of human beings. So, they could not work as a
robot. No matter their passion and dedication to hear matters, they
have to relax and prepare for their official duties. So, there is
the need for them to also not over burden themselves with
compilations of cases.

Also, executive interference in the independence of the
judiciary is another challenge. Executive arm of government at both
the Federal and State Governments, have been alleged to disobey
validly made court’s orders. This situation annoys the trust of the
members of the public in approaching a court of law, especially the
poor and the less privileged. Poor budget allocation to the
judiciary is another cause.

Finally, it is my recommendation that the National Judicial
Council and other government’s arm must deliberate on these
observations that I have made in this paper and other likely causes
of the gradual loss of the judicial status of being the last hope
of the common man. This status must be regained in no time in the
interest of justice and that of the public.

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