By Joshua Nwachukwu[1]

With the official lifting of the ban on interstate travel and other restrictions, anyone who thought that the courts in Nigeria which in most cases were closed or worked far less optimally, due to the pandemic, would be more willing, like other institutions, to open and device initiatives to dispense justice more efficiently and effectively and to cover up for the backlogs, would be extremely shocked to hear that the Courts, rather than open fully are announcing their vacation.

The National Industrial Court of Nigeria and the Federal High Court will embark on an 8 weeks’ vacation from the 27th of July to Friday 25th of September 2020. Likewise, the Federal Capital Territory High Courts will begin its Annual Vacation on Monday, July 20th to the 7th of September 2020 and Oyo State will proceed on its vacation from the 25th of July to the 10th of September 2020.

AN IRRESPONSIBLE AND INSENSITIVE DECISION OR NOT?

Bearing in mind the effect Coronavirus has foisted on the administration of Justice, the backlog of cases and the sluggishness of the Judiciary to embrace virtual hearings during this period, many; legal practitioners and litigants have expressed great dismay and shock at the news of the vacation. Indeed some have declared this decision as irresponsible and insensitive. The Justice Reform Project (JRP) rightly called it “a personal interest service” and a “negation of the rule of law”.

Suspecting the unacceptability and the uproar this vacation may cause, in announcing the vacation of the Federal High Court, the Chief Judge of the Federal High Court, Hon. Justice J. T. Tsoho, said “For the purpose of allaying concerns, it should be understood that the importance of the Judge’s Annual Vacation cannot be over-emphasized. No more than ever, it is important that the morale of Judges is revitalized. This is moreso because throughout the period the lockdown occasioned by the Corona Virus pandemic (Covid-19), Judges of this court remained focused and rendered essential services despite untold attendant hardships and uncertainties”

With due respect to the Honourable Chief Judge, it is an insult/slight to the common Nigerian to say that our Judges despite not working fully and despite been given their benefits, when others got nothing or got reduction, suffered “attendant hardships and uncertainties” and need to revitalize their morale. What hardships did our Lordships suffer? Is it worse than most Nigerians? What exactly does our Lordship mean that the “Judges remained focus”. Indeed, this is an attempt to defend the indefensible.

Such statements embolden in the common man the narrative that the Honourable Judges are disconnected from the real challenges Nigerians face, hence they are incapable of effectively addressing them, rather than being the last hope they are the lost hope. This will force many to resort to self-help to get their desired justice. As a legal practitioner, it has been extremely difficult to advise my clients against self-help, when there is no other solution in sight.

While our Judges have incessantly condemned self-help from their high-horse, they have unfortunately not addressed the reasons why people seek it, rather they fuel it with their bureaucracy, inaccessibility and excessive absence from Court due to a plethora of reasons and while the litigants and lawyers sacrifice alot for the Judiciary, the Judiciary does not reciprocate, in fact, our Judges seem to be adverse to sacrifice and compromise.

Indeed this call of vacation is indeed callous and self serving, globally institutions are making compromises in order to ensure a smooth running of their organisations but the Nigerian Judiciary does not seem to care. Despite being paid from the common patrimony of Nigerians, they seem to feel no accountability to Nigerians. Little wonder, the Justice Reform Project (JRP) rightly urged the Judiciary “to be very wary of treating citizen’s right of access to justice with levity”. The thought of our Lords going for the Christmas and New Year vacation after their return in September and the other engagements that will detract from their core adjudicatory work, makes me wonder what the output for 2020 will look like.

Moreso, this pandemic gave the Judiciary a golden opportunity to revamp its image, structure and operations, we had hoped that our Lords would embrace it but it does not seem that they are interested.

VACATION: NOT STATUTORILY COMPULSORY

The Chief Judges in announcing the vacation in their various courts have sought to give the impression that they are merely complying with the relevant Orders in the various Civil Procedures Rules of their court. Infact they all cited the various orders in their circular. Even some Judges in open court in further defence have said, “Vacation is statutory”. While we affirm that vacation is statutory, it is not statutorily compulsory. Infact, a reading of the various orders cited by the various Chief Judges shows that vacation is subject to the Directions of the Chief Judge and one will presume that like all other powers that are to be exercised by a Judge, it should be exercised judicially and judiciously.

Even if it was statutorily compulsory, one would have thought the Chief Judges in light of the effect of Covid-19 would want to stick to the barest minimum rather they are not. For example, Order 46, Rule 4(d) of the Federal High Court (Civil Procedure) Rules 2019, provides that, the vacation period wouldn’t be less than 6 weeks. Meanwhile the Chief Judge did not stick to this minimum but he chose 8 weeks.

Moreso, the provision of vacation Judges is not a consolation, apart from been a normal practice, the Chief Judges haven’t increased the number of the vacation Judges nor have they increased the capacity of cases they can hear, invariably it is not a worthy remedy.

Kudos to the Chief Judge of Ogun and Jigawa State

Unlike other Chief Judges, the Chief of Ogun State and Jigawa State, in further confirmation of the power of the Chief Judge, have cancelled the Annual Court Vacation in their states. They had earlier announced the vacation but they rescinded after considering the adverse impact the vacation would have on both litigants and their counsel. Rather than a general vacation, judges will embark on vacation upon the evaluation of the Chief Judge.  For this bold and daring decision, we commend the Chief Judges and trust other Judges will follow suit and as can be seen, the heavens did not fall with the cancellation

CONCLUSION

While other Chief Judges are deliberating on whether or not to embark on 8 weeks vacation, which in 2020 is a big luxury, we beseech our Honourable Judges to toe the path of honour and think of the thousands of lives that are going to be affected by the delay of Justice. This is a golden opportunity to present the Judiciary as an ally of the people.

Indeed we are not saying that our Judges should engage in all work and no play. Far from it, we are encouraging our Lordships to engage with the bar and find a win-win solution for all.

Our Courts should not vacate, rather they should open, and open wide its doors to the thousands who are in need of their succour.

[1] Nwachukwu, a lawyer, writes from Lagos, he can be reached at nwachukwujo@gmail.com