The President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, has called for urgent reforms in the judiciary to address the growing problem of conflicting judgments by Nigerian courts.
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Osigwe warned that the trend is creating uncertainty in the legal system, making it difficult for lawyers, litigants and the public to predict what the law is on important issues.
He made the call while speaking at the Law Week of the NBA Anaocha Branch, with the theme: “Justice Delivery and Prevailing Conflicting Judgements: An Imperative for Urgent Judicial Reforms.”
Speaking on the state of the justice system, the NBA President said conflicting decisions, especially in political cases, have made it increasingly difficult for lawyers to advise their clients with confidence.
According to him, where courts give different decisions on similar facts or legal issues, it weakens certainty, creates confusion and affects public trust in the administration of justice.
Osigwe noted that the problem is not limited to political litigation. He said it also affects disciplinary proceedings involving legal practitioners, particularly appeals from decisions of the Legal Practitioners Disciplinary Committee.
He lamented that lawyers sanctioned by the LPDC are sometimes left in uncertainty because of the unresolved controversy over the proper appellate forum for challenging such decisions.
The NBA President pointed out that in some cases, the Supreme Court had referred affected lawyers to an Appeals Committee of the Body of Benchers, even though such a committee is not in existence, thereby creating more procedural confusion in the disciplinary process.
Osigwe stressed that certainty, consistency and predictability are essential to the effective administration of justice and the preservation of the rule of law.
He said urgent reforms and a change in judicial attitude are necessary to address the recurring problem and restore confidence in the courts.
The NBA President commended the NBA Anaocha Branch for choosing a timely and important theme for its Law Week, saying the topic speaks directly to some of the most serious challenges facing Nigeria’s justice sector.
He congratulated the branch on the successful hosting of the programme and wished members fruitful deliberations.
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