By Othniel A. Ikpibako, FCIArb
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Greetings His Excellency, The Senate President, Right Honourable Speaker of the House of Representatives and Right Honourable Speakers of the State Houses of Assembly.
I write this open letter with a strong sense of responsibility, deep patriotism and my professional duty as a lawyer to foster the course of justice as it is a popular parlance that justice delayed is justice denied. The delay in justice delivery in Nigeria is the rational for this letter, where a civil matter could linger for well over 20 years before they are finally resolved at the apex court. This obviously is a denial of justice; in fact, it should not take the cumulative period of more than three years before any matter should be resolved from the court of first instance to the final court. The delay in justice delivery has both economic and political implications. Economically, it erodes investors and business men confidence in the system since dispute resolution is necessary concomitant of doing businesses. Politically, it is not a good index for rating a country democratically, as quick dispensation of justice is a fertiliser of the rule of law which is the hallmark of any democracy.
There is an intrinsic problem of delay in justice delivery in Nigeria being the defective structure of our courts. For example, a matrimonial cause or tenancy matter or breach of contract et cetera could found its way from the court of first instance to the Supreme Court, just one Supreme Court in Abuja. The range of cases and sheer volume of cases that get to the only one Supreme Court in the whole federation is the number one culprit for the unholy delay in justice delivery in Nigeria. Therefore, two alternative approaches are suggested below to quickly resolve this incubus of delayed justice system, either which will require constitutional amendment.
Federalising the courts
It is strongly suggested here that the courts should fully assume a federal structure by the establishment of the State Courts of Appeal and the State Supreme Courts. The nature of matter these courts can entertain should also be delineated to include tenancy matter, matrimonial causes, all contractual matters between private individuals (including arbitration matters, banker and customer relation, agency, et cetera), probate matters, torts, land matters (not involving the government), criminal proceedings for the state offences, state taxes, customary laws and chieftaincy, and other matters a committee might consider appropriate for these courts. For the forgoing matters, a case will proceed from the extant State High Court to the State Court of Appeal and to the State Supreme Court as the final court. Needless to say that there should be made a provision that both the State Court of Appeal and the State Supreme Court must determine an appeal for a period not exceeding one year each from the date a notice of appeal is filed, since these courts do not take evidence but only make decisions based on written briefs of the parties.
On the other hand, appeal will proceed form the extant Federal High Court to the extant Court of Appeal and Supreme Court. The matters the Federal High Court will entertain would correspond to its current jurisdiction including all constitutional matters, any matter between a private individual and any government and all federal offences, and any matter a committee would consider appropriate for the court. Also, a provision will be made that both the Federal Court of Appeal and Supreme Court must determine all matters within one year each of filing the notice of appeal.
Decentralising the Supreme Court
Although federalising the court is more desirable for quick dispensation of justice, it is suggested here alternatively that if federalising the court is not immediately done, the number of Justices of the Supreme Court should be increased to 49 and the Supreme Court should be decentralised with two full panels (14 Justices) in Abuja to take appeals from all former northern region, 14 Justices in Port Harcourt to take appeals from all former eastern region and 21 Justices in Lagos to take appeals from all former western region. Furthermore, a timelime for the extant Court of Appeal and Supreme Court to determine an appeal should be fixed at one year each from the date of filing the notice of appeal. Also, there could be a restriction on a wide range of matters that should end at the Court of Appeal such as garnishee proceedings, arbitration matters, any matter begun at a court lower than the High Court, torts, tenancy, probate, all contractual matters and such other matters a committee will consider appropriate to end at the Court of Appeal.
Hopefully, where either of the above, federalising the courts or decentralising the Supreme Court, is done, the age-long delay in the administration of justice in Nigeria would be a thing of the past. This will undoubtedly impact positively on her economic and political development.
God bless the Federal Republic of Nigeria!
God bless the Nigerian Parliaments!
God bless the administration of justice in Nigeria!
Othniel A. Ikpibako, is a legal practitioner and a Fellow of the Chartered Institute of Arbitrators. He can be reached on truthlawfirm@gmail.com
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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