*Say Slow Disposal Of Cases Is Detrimental To Administration Of Justice
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Justice of Industrial Court, Dr. Benedict. B.Kanyip and lawyers have poorly rated the disposal of cases in court, noting that the disparity between the number of cases pending before the various courts in Nigeria and the actual rate of disposal of these cases is not encouraging.
The President of the National Industrial Court (NIC), Hon. Justice (Dr.) Benedict B. Kanyip and other lawyers – Dr. Adedamola Bamgbose of Hogan Lovells; Adeyinka Aroyewun, Director of the Lagos Multi door Courthouse, and Osaro Eghobamien, managing partner at the law firm of Perchstone & Graeys in a different panel session discussed the slow nature of the Nigerian administration of justice system.
This low case disposition rate, according to Hon. Justice Kanyip, is an outright failure that should alarm any right-thinking litigant. He believes that finance is an important part of the solution. He, on the other hand, dismissed the notion that simply appointing more Judges and Justices would solve the problem of court overcrowding – for the simple reason that most, if not all, of these appointments are simply replacements (for those who have died, retired, or otherwise become incapable) rather than additions to the number of judges and justices. The expansion of alternative dispute resolution mechanisms (or ADR) methods, which are slowly but steadily gaining recognition in many jurisdictions across the country and around the world, is a far better answer to court congestion, according to the NIC President.
The other panelists expressed significant support for ADR, while Eghobamien cautioned that the system should be more cautious in its use of ADR. He urged lawyers to gain a better grasp of ADR in order to make the most of it, and judges to be less hesitant to refer appropriate cases to ADR; the cases might still return to court in the form of settlement judgments following the settlement.
The panelists agreed that frequent adjournment of court cases is a problem, with Bamgbose advocating for a stricter cost regime for frivolous adjournments or challenges to awards by lawyers. He also urged for a deeper commitment to current programs from all stakeholders, rather than a hurry to create new schemes and initiatives, when it came to creating schemes and initiatives to address the problem of congestion.
More widespread use of electronic means of carrying out trials, such as relaying evidence and even communication between the Judge and others involved in those processes, is another solution proposed by the panelists, despite the challenge of technological malfunction and disruptions that may occur from time to time.
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