The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has decried the unpredictability of court sittings in Nigeria, describing it as one of the deeply distressing frustrations endured daily by litigants, lawyers, and ordinary citizens.
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Osigwe made the observation on Monday at the opening ceremony of the 2025/2026 Legal Year of the Federal High Court and its 41st Annual Judges’ Conference in Abuja.
According to the NBA President, Nigerians rise before dawn, navigate long distances, brave insecurity on the highways, spend scarce resources on transportation, and appear in court with the hope that their matter will finally move forward, only to be met with the disheartening announcement that “the Court is not sitting,” “your case will not go on, so take a date,” or even waiting for hours only for one’s matter to be adjourned off record.
“For many, this means wasted time, wasted resources, renewed anxiety about the progress of their case or loss of confidence in the ability of the court to deliver timely justice. More critically, this experience chips away public faith in the judicial system. Justice that is unpredictable in its administration risks becoming inaccessible in its outcome,” Osigwe stated.
He stressed that the constitutional guarantee of fair hearing within a reasonable time, enshrined in the 1999 Constitution, cannot be achieved where litigants repeatedly encounter avoidable, unexplained disruptions.
The NBA President warned that the judiciary must guard its independence with utmost vigilance, for its authority rests not on force but on public confidence in its neutrality.
He noted an unsettling trend in which political actors increasingly rush internal party disagreements, nomination disputes, leadership tussles, and other intra-party governance issues to the courts as strategic weapons.
“These disputes, which ought to be resolved through party constitutions, internal appeal processes, and political negotiation, appear not to be brought before the Court for genuine adjudication, but for tactical advantage or the securing of court orders or judgments to secure political advantage. This practice not only lends the judiciary to perceptions or allegations of political involvement but threatens to drag the Court into the centre of partisan storms,” he said.
Osigwe recalled that in PDP v. Sylva (2012), the Supreme Court restated clearly that the right to nominate or sponsor a candidate for an elective position is a domestic right of a political party, and that issues of leadership and membership are internal affairs of a political party.
“It is therefore our understanding from many judicial pronouncements including Ufomba v. INEC & Ors that the court does not have jurisdiction to make appointments of persons to hold party offices, represent a party in elections or to determine any dispute arising from the internal affairs of a political party. However, recent pronouncement from this Court have left us uncertain as to the current position of the law on the principle of ‘political question,'” he stated.
The NBA President identified several systemic challenges affecting the Federal High Court, including:
- Case backlog and delays due to increasing volume and complexity of cases
- Limited judicial capacity and infrastructure relative to caseloads
- Inconsistent application of practice directions across divisions
- Technology gaps and digital divide in case management
- Absence of electronic case assignment to judges, giving perception of partiality
- Delays in enforcement of court orders, especially against government agencies
- Professional conduct and courtroom culture issues
Osigwe proposed several reforms for consideration, including:
- Enhanced case management and specialization with designated judges for complex areas like taxation, insolvency, and intellectual property
- Expansion of judicial capacity through appointment of additional judges
- Strengthened and uniform practice directions across all divisions
- Deepening judicial technology with e-filing, electronic service, and hybrid hearings
- Firm enforcement of court orders with zero tolerance for disobedience
- Promotion of Alternative Dispute Resolution (ADR) mechanisms
- Ethical re-orientation at the Bar
The NBA President called attention to the yet-to-be-commissioned Federal High Court building in Lagos, noting that Lagos remains Nigeria’s commercial capital and the busiest judicial hub of the court.
“The new complex, modern, secure, and dignified, is a national asset. Its delayed commissioning unnecessarily burdens judges, lawyers, and litigants operating in outdated facilities. We respectfully urge My Lord, the Chief Judge, to look into its commissioning so that it can begin full operation,” he said.
Osigwe urged the Bench and the Bar to recommit themselves to a shared vision of renewal, calling for the 2025/2026 Legal Year to be defined by courageous and independent adjudication, efficient and timely justice delivery, professional excellence at the Bar, and renewed public confidence in the courts.
SPEECH BY THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION AT THE OPENING OF THE 2025-2026 LEGAL YEAR OF THE FEDERAL HIGH COURT AND JUDGES CONFERENCE“The Nigerian people are watching, not with cynicism alone, but with a deep and enduring hope that their courts will rise fully to the demands of this moment. History is watching. Posterity is listening. May we all be found faithful,” he concluded.
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