By Oluwaleye Adedoyin Grace

ABSTRACT

The judiciary, as a crucial arm of government, is entrusted with the responsibility of interpreting and upholding the law. The right of individuals to live peacefully and to fully exploit available opportunities hinges on the protection afforded by institutions of justice, law, and order.[1]   However, the administration of justice in Nigeria has increasingly been perceived as dysfunctional, undermining public confidence. This perception has led many to conclude that the courts—often regarded as the last hope of the common citizen—have been compromised by external influences, resulting in the degradation of the judicial system. This article critically examines the significance of access to justice at the magistrate level, highlighting its essential role as a safeguard for human rights and the rule of law in Nigeria.

KEYWORDS

Access to justice | Nigeria | Judicial reform | Delay | Slow access to justice | Administration of Justice | Magistrate

INTRODUCTION

In Nigeria, it is estimated that over 70% of court cases experience significant delays, leaving many citizens waiting years for justice—if they receive it at all. This problem is especially acute at the magistrate court level, which serves as the primary point of contact for most litigants, particularly those from lower socio-economic backgrounds. Magistrate courts handle a large volume of civil and criminal cases, yet they are often overwhelmed by case backlogs and procedural inefficiencies that exacerbate delays.

Delay in the court is unqualifiedly bad. It is bad because it deprives citizen of a basic public service, It is bad because the lapse of time frequently causes deterioration of evidence and make it less likely that justice be done when the case is finally tried; It is bad because delay may cause severe hardship to some parties and may in general affects litigants differentially; and it is bad because it brings to the entire court a loss of public confidence, respect, and pride…[2] These observations echo Zeisel’s critique of the slow pace of justice in the judicial sector.

For many Nigerians, especially those from lower socio-economic backgrounds, access to the courts remains a mirage. As Oputa aptly noted, “in his search for justice and redress resulting in the effectuation of his rights, the ordinary citizen of Nigeria is caught in the mess of a rather vicious circle’.[3] Access to justice is a very important and crucial instrument for human rights and the rule of law to progress in Nigeria, and magistrate courts play a pivotal role in this regard.

However, numerous obstacles impede the realization of access to justice at the magistrate level. These include undue delays in the administration of justice, high litigation costs, reliance on technical legal rules such as locus standi, complex procedures, and sometimes a lack of adequate legal knowledge among judicial officers. Etc.[4]

According to the United Nations, access to justice is a fundamental principle of the rule of law. Without it, people cannot have their voices heard, exercise their rights, challenge discrimination, or hold decision-makers accountable.[5] The importance of an efficient magistrate court system in improving the lives of ordinary Nigerians and ensuring fair, speedy justice cannot be overstated. It serves as a vital barometer not only for the rule of law but also for the quality of governance and socio-economic development in the country.

WHAT IS ACCESS TO JUSTICE?

Access to justice refers to the substantive and procedural mechanisms within a society that ensure citizens have the opportunity to seek redress for violations of their legal rights through the legal system. It encompasses the rules and procedures that enable individuals to approach courts or other justice institutions to resolve disputes and enforce their civil rights and obligations.[6] It is also define as the ability of people to seek and obtain remedy through formal or informal institutions of justice for grievances[7].

For the purpose of this article, access to justice is defined as the right of every citizen to obtain justice or redress in a timely, fair, and appropriate manner. It embodies equal access to social and distributive justice, connecting the rule of law and the citizenry through constitutional guarantees, particularly those enshrined in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The effectiveness of a country’s judicial system is often measured by how accessible justice is to its people—and not just any access, but timely access.[8]. There is no true access to justice where citizens, especially vulnerable groups, fear the system, find it alien, or are financially excluded. Barriers such as lack of legal representation, insufficient knowledge of rights, and weak judicial institutions further undermine access. Access to justice involves normative legal protection, legal awareness, legal aid and counsel, adjudication, enforcement, and civil society oversight.[9]

The United Nations underscores access to justice as a fundamental principle of the rule of law. Without it, individuals cannot voice their concerns, exercise their rights, challenge discrimination, or hold authorities accountable. Access to justice involves multiple components, including legal protection, awareness, legal aid, fair adjudication, enforcement of judgments, and oversight by civil society.

Constitutionally, Section 36(1) of the Nigerian Constitution guarantees a fair hearing within a reasonable time by an impartial court or tribunal, reinforcing the right of every person to access justice. Similarly, international instruments such as the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights affirm this right, emphasizing that where there is a right, there must be an effective remedy.

THE INTERCONNECTION BETWEEN ACCESS TO JUSTICE AND HUMAN RIGHTS PROTECTION

The relationship between access to justice and the protection of human rights is deeply intertwined. Access to justice is fundamental because it is only when individuals can effectively access courts that they can assert and safeguard their basic rights.[10] For many citizens, particularly those from marginalized backgrounds, human rights protection often seems like an unattainable luxury.[11]

Professor Claude Ake insightfully contextualized these challenges, stating:[12]

“For reasons which need not detain us here, some of the rights important in the West are of no interest and no value to most Africans. For instance, freedom of speech and freedom of the press do not mean much for a largely illiterate rural community completely absorbed in the daily rigors of the struggle for survival … if a Bill of Rights is to make sense, it must include, among others, a right to work and to a living wage, a right to shelter, to health, to education. That is the least we can strive for if we are ever going to have a society which realizes basic human rights … in Africa, if liberal rights are to be meaningful in the context of a people struggling to stay afloat under very adverse economic and political conditions, they have to be concrete. Concrete in the sense that their practical import is visible and relevant to the conditions of existence of the people to whom they apply. And most importantly, concrete in the sense that they can be realized by their beneficiaries.” [13]

In Nigeria, controversies persist regarding the proper procedural framework for enforcing fundamental rights. This issue became particularly pronounced following the enactment of the Fundamental Rights (Enforcement Procedure) Rules 1979, issued under Article 42. While some judicial authorities maintain that these Rules prescribe the exclusive procedure for fundamental rights enforcement, others have adopted a more flexible approach.

For instance, in Din v. Attorney-General of the Federation.[14] Justice Nnaemeka Agu declared that: “The Fundamental Rights (Enforcement Procedure) Rules 1979 have prescribed the correct and only procedure for the enforcement of fundamental rights which arise under Chapter IV of that Constitution”.[15]

However, in the subsequent case of Alhaji Dahiru Saude v. Alhaji Halliru Abdullahi,[16] where the plaintiff commenced the action for the enforcement of his fundamental rights by originating summons after obtaining leave of court and the summons was not signed by the trial judge as prescribed in the Rules, the Supreme Court held that it was immaterial what procedure was adopted as long as it is clear that the relief sought was the enforcement of fundamental rights.

In the words of Justice Kayode-Eso: [17] he said: “It is my view that it would not matter by what manner that application has been made, once it is clear that it seeks redress for infringement of the rights so guaranteed under the Constitution”. He added that the Enforcement Procedure Rules are clearly worded and does not lay the procedure therein contained as the only procedure by which redress could be sought. Access to justice is said to be achieved when it ensures human right protection.

The Nigerian Constitution explicitly guarantees the enforcement of fundamental rights under Chapter IV. Section 46(1) empowers any person who alleges a violation of their fundamental rights to apply to a High Court for redress. Moreover, Sections 36(1) and 36(4) guarantee the right to a fair hearing within a reasonable time in both civil and criminal proceedings, respectively[18]. The Supreme Court has emphasized the importance of timely justice in cases such as Gozie Okeke v. The State, where Justice Ogundare highlighted that justice delayed may amount to justice denied[19].

JUDICIAL AND QUASI-JUDICIAL FORUMS FOR ACCESS TO JUSTICE

Access to justice in Nigeria can be pursued through a variety of judicial and quasi-judicial institutions at the international, regional, and national levels. Each forum plays a distinct role in the protection and enforcement of legal rights, providing multiple avenues for redress depending on the nature and scope of the grievance.

INTERNATIONAL JUDICIAL BODIES

  1. The International Court of Justice: The ICJ, also known as the World Court, is the principal judicial organ of the United Nations, established in 1945 and located in The Hague, Netherlands. It primarily settles legal disputes between states and provides advisory opinions to the UN and its specialized agencies. Only states have standing before the ICJ, which adjudicates disputes under international law to promote global peace and security. Besides the ICJ, there are various other international Criminal Tribunals that exercise criminal jurisdiction. These include the International Criminal Tribunal for Rwanda (ICTR), and the more recent Special Court for Sierra Leone.[20]
  2. International Criminal Tribunals

Specialized tribunals such as the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone have been established to prosecute individuals responsible for serious violations of international humanitarian law, including genocide and war crimes. These tribunals complement national justice systems by addressing crimes of international concern.

  1. The United Nations Human Rights Committee: Established under Article 28 of the International Covenant on Civil and Political Rights (ICCPR), the Human Rights Committee monitors the implementation of the Covenant and considers individual complaints alleging violations of civil and political rights.

REGIONAL JUDICIAL BODIES

  1. The African Commission on Human and Peoples’ Rights: The ACHPR was created under the African Charter on Human and Peoples’ Rights to promote and protect human rights across Africa. It reviews state reports, considers individual and NGO communications, and issues recommendations to ensure compliance with the Charter.
  2. The ECOWAS Community Court of Justice: Established in 2001, the ECOWAS Court adjudicates disputes involving member states of the Economic Community of West African States (ECOWAS), including human rights violations. It interprets and applies the ECOWAS Treaty and subsidiary legal instruments to ensure respect for law and equity within the region.

NATIONAL JUDICIAL BODIES

  1. The Nigerian Judiciary: Nigeria’s judiciary is constitutionally established under the Constitution of the Federal Republic of Nigeria (1999, as amended). It comprises a hierarchy of courts with defined jurisdictions and functions, providing the primary avenue for access to justice within the country.

Superior Courts of Record

Pursuant to Section 6(5) of the Constitution, the following are recognized as superior courts of record in Nigeria:

  • The Supreme Court of Nigeria;
  • The Court of Appeal;
  • The Federal High Court;
  • The High Court of the Federal Capital Territory, Abuja;
  • A High Court of a State;
  • The Sharia Court of Appeal of the Federal Capital Territory, Abuja;
  • Sharia Court of Appeal of a State;
  • The Customary Court of Appeal of the Federal Capital Territory, Abuja;
  • Customary Court of Appeal of a State
  • Other Courts of Special Jurisdiction

In addition to superior courts, Nigeria has specialized courts to address specific legal issues, including:

  • Juvenile Courts
  • Coroner’s Courts
  • Courts of Resolution

These courts handle matters within their specialized purview, enhancing access to justice by addressing particular societal needs.

QUASI-JUDICIAL FORUMS AND ALTERNATIVE MECHANISMS

  1. Tribunals and Regulatory Bodies: various statutory bodies empowered to adjudicate specific duties, such as securities and Exchange Commission’s Tribunals and professional discipline tribunals
  2. Alternative Dispute Resolution (ADR) Mechanisms: In recognition of the challenges posed by court delays and costs, Nigeria has increasingly embraced Alternative Dispute Resolution (ADR) mechanisms such as mediation, arbitration, and conciliation. These forums provide faster, more cost-effective, and less formal avenues for resolving disputes, particularly in commercial and community contexts. The Arbitration and Conciliation Act and the Mediation Rules of various courts institutionalize these processes, which complement the formal judicial system and broaden access to justice.
  3. Legal Aid and Support Services: Access to justice is further facilitated by legal aid organizations and pro bono services that provide free or subsidized legal assistance to indigent and marginalized populations. The Legal Aid Council of Nigeria, established under the Legal Aid Act, plays a pivotal role in ensuring that financial constraints do not bar citizens from seeking justice. Civil society organizations also contribute by raising awareness of legal rights and assisting individuals in navigating the justice system.

THE PROBLEM AND CAUSES OF DELAYED JUSTICE IN THE MAGISTRATE

The problem of delay affects both the civil and criminal aspects of justice administration and has wide-ranging negative implications not only for litigants, accused persons, and victims of crimes but also for society as a whole. As Bentham observed, justice is not a one-way or two-way traffic but a three-way traffic—justice for the appellant, justice for the accused, and justice for society. The courts have consistently condemned delay in trials. For instance, in Fanz Holdings Limited V Mrs. Patricia Lamotte[21], the Supreme Court noted that delay tactics by legal practitioners must be unequivocally deprecated, and courts should not condone such conduct.

The causes of delay in the administration of justice include:

  1. Inadequacy of Court Facilities: One significant cause is the inadequacy of infrastructural facilities in courts, especially at the magistrate level. Many magistrate courts lack adequate library resources and other essential facilities necessary for the prompt discharge of judicial duties. This deficiency often leads to unnecessary adjournments. Additionally, the attitude and work ethic of some legal practitioners and judicial officers contribute to delays. For example, prosecutors may be unprepared due to insufficient legal research, resulting in frequent adjournments.[22]
  2. Cost of Litigation: The high cost of litigation relative to Nigeria’s economic realities is another major factor. Many ordinary Nigerians cannot afford legal representation or court fees.[23] Even the middle class sometimes struggles to finance legal redress. This financial barrier is particularly acute for communities in the Niger Delta, who often suffer environmental harm from oil spillages and pollution but find it extremely difficult to pursue legal remedies.[24]
  3. Effect of Some Constitutional Provisions: Ironically, some constitutional provisions designed to protect fundamental rights inadvertently contribute to judicial delays. For example, Section 36(6)(b) of the Constitution of the Federal Republic of Nigeria (1999, as amended) provides that every person charged with a criminal offense is entitled to adequate time and facilities to prepare their defense. While this safeguard is essential for a fair trial, it often results in adjournments when an accused person lacks legal counsel and the court grants time to secure representation. Although the right to counsel is fundamental, its application in Nigeria frequently leads to undue delays due to systemic challenges.[25]
  4. Delay Due to Poor Working Conditions: Some judicial officers operate under challenging and unconducive working environments. The reluctance of many to reside in rural or remote areas has led to the abandonment of official residences allocated to them. Consequently, these officers often spend significant time commuting—sometimes up to 300 kilometers daily—between their personal homes and the courts. This excessive travel time inevitably reduces their availability and efficiency. Additionally, magistrates frequently shuttle between multiple courts due to the high incidence of adjournments, further compounding delays in case disposal.
  5. Delay Resulting from Inadequate Remuneration: In many jurisdictions within Nigeria, the salaries and allowances of judicial officers are insufficient to support a decent standard of living. This financial inadequacy discourages qualified legal professionals from accepting or remaining in judicial appointments, particularly at the magistrate or high court levels. Moreover, some defense counsels deliberately seek adjournments to prolong trials, thereby ensuring the full payment of their professional fees before concluding cases. Such practices contribute significantly to the backlog of cases and delay in justice delivery.
  6. Delay Attributable to Judicial Officers’ Attitude and Conduct: Unfortunately, some judicial officers and legal practitioners exhibit attitudes that hinder the swift administration of justice. Instances of laziness, incompetence, and corruption among members of the bench have been documented. Some defense counsels fail to adequately prepare for trials, resulting in their inability to keep pace with court proceedings. Others, remunerated based on the number of court appearances, intentionally delay criminal trials to increase their fees.

A notable example is the case of Ndu v. The State[26] which was plagued by numerous adjournments requested by the defense counsel on grounds such as unpaid fees, ill health, difficulties in procuring witnesses, and out-of-jurisdiction travel. The accused appealed on the basis that he was denied a fair hearing. In his judgment, Honorable Justice Obaseki expressed strong disapproval of the defense counsel’s lackadaisical attitude, stating: “The attitude of the defense counsel from the time the prosecutor closed his case has been one showing an unwillingness to proceed with the defense.

The frequency of applications for adjournment was sickening and unbecoming of counsel instructed to conduct the defense of an accused person charged with murder. The learned Justice further emphasized that murder being a capital offense, once a trial has commenced, any defense counsel is not only bound to appear but also to diligently perform their duties, regardless of the client’s ability or willingness to pay fees.

Justice Obaseki condemned such conduct as despicable and stressed that lawyers, as ministers in the temple of justice, must discharge their duties with the utmost responsibility. While adjournments are sometimes necessary to ensure adequate preparation, their abuse must be prevented to avoid unnecessary delays.

Similarly, in Ekang v. The State[27] a delay of ten years was attributed to various factors including the need for a new judge to start the trial afresh, a boycott of the courts by lawyers, and the appellant’s ill health at different times was frowned at and was seen as the lawyer’s lackadaisical attitude to work.

  1. Illiteracy: A significant obstacle to access to justice in Nigeria is the high level of illiteracy. This challenge has been exacerbated by the collapse of public education systems, including universities, which has rendered education an exclusive commodity accessible mainly to the affluent through private institutions.[28] Looking at the society of today, an educated man will easily adapt to the realities of the situation and have the intellectual capacity to insist on the enforcement of his rights, how much more an illiterate? Education has the power to liberate individuals from ignorance, and its absence directly impedes access to justice. Consequently, a large segment of Nigerians remains alienated from social justice and marginalized within political and economic structures[29]
  2. Pervasive Corruption: Corruption is endemic in Nigeria and significantly undermines the justice system. The widespread nature of corruption is attributed partly to relaxed moral standards and the struggle for survival without adequate government support. Within the judiciary, corruption manifests in various forms, including bribery of administrative staff who may steal or destroy crucial case documents, thereby sabotaging litigants’ chances of fair outcomes. Missing court files and undue influence by corrupt judges erode public confidence and delay justice. Wealthy suspects sometimes bribe their way to early release, further entrenching inequality and injustice. Many legal practitioners and citizens view corruption as a principal cause of judicial delays[30].
  3. Poor Living and Working Conditions: Poor living and working conditions, especially within police formations and judicial infrastructure, also contribute to delays. Police units often lack essential equipment such as vehicles and firearms, hampering their effectiveness and causing procedural delays. Court buildings, many dating back to the colonial era, remain dilapidated with little or no renovation or modernization[31]. The use of outdated and inadequate court equipment slows judicial processes, contributing to case backlogs and congestion. They contribute in no small way to the congestion of cases in court. They cause delay and incidentally delay leads to a denial of justice[32]
  4. Delays can arise from inadequate legal knowledge among judges. Occasionally, counsel may raise fundamental legal issues requiring rulings, but when judges lack sufficient expertise in those areas, they may adjourn cases to seek further clarity. Reports have also highlighted judicial officers who adopt unproductive work habits, such as sitting late and leaving early.
  5. Delay From Investigation Unit: Criminal Investigation Department (C.I.D) is usually in charge of investigation and detection of all crimes in Nigeria[33]. The judiciary, one of the organs in criminal justice administration, can hardly function without the co-operation of efficient police officers. But often times, proper investigation of cases is hampered by a number of factors like paucity and frequent transfer of officers and sponsorship of investigation[34]. Police officers often complain that expenses incurred during investigations—such as travel and night allowances—are not reimbursed, forcing them to rely on informants to fund investigations and witness assembly. Frequent transfers of investigators and inadequate representation of indigent accused persons by the Legal Aid Council further exacerbate delays.[35]
  6. Outdated Laws and Procedural Rules: Many procedural rules, especially those governing Magistrate and District Courts—which handle over 70% of Nigeria’s litigation—remain archaic, some unchanged since colonial times. These outdated laws contribute significantly to delays by imposing cumbersome procedures that do not reflect contemporary realities.[36] Also, it complicates and prolongs litigation, especially in lower courts where the majority of cases are heard[37]
  7. Delays Due to Adjournments: Repeated adjournments are a major source of delay, often punishing victims of injustice who seek redress[38]. Cases can drag on for years through lower courts, High Courts, and even the Supreme Court, with hearings postponed on various grounds. This protracted process erodes public confidence and denies timely justice.[39]
  8. Court Congestion and Overloaded Dockets: Nigerian courts, especially in populous states like Lagos, are overwhelmed with an enormous volume of cases. Judges often have hundreds of cases pending, which strains their capacity to deliver timely judgments. For example, some judges reportedly manage dockets of 600 to 800 cases, making it practically impossible to expedite proceedings[40]. This systemic overload leads to prolonged waiting times for hearings and judgments.
  9. Inadequate Number of Judicial Personnel: There is a shortage of judges and magistrates relative to the population and caseload. This scarcity results in uneven distribution of work and delays, especially when judges are transferred, elevated, or on leave[41]. The limited number of judicial officers slows down case processing and contributes to backlog.
  10. Procedural Inefficiencies and Dilatory Tactics: Lawyers and litigants sometimes exploit procedural loopholes to delay proceedings intentionally. Common tactics include filing frivolous applications, raising preliminary objections, and frequent adjournment requests[42]. Such dilatory practices undermine the efficiency of the justice system.
  11. Weak Welfare and Motivation for Judicial Officers: Low salaries, poor working conditions, and lack of motivation among judicial officers and court staff contribute to inefficiency and absenteeism, which in turn cause delays
  12. Non-Compliance with Court Orders: Some law enforcement agencies and government bodies fail to comply promptly with court orders, weakening the justice system’s integrity and causing further delays
  13. Poor Case Preparation and Investigation: Inadequate preparation by prosecuting and defense counsel, as well as poor investigative work by law enforcement agencies, cause significant delays. The Chief Justice of Nigeria has highlighted the need for thorough investigations before charges are filed to avoid dismissals and retrials[43]. Frequent transfers of police investigators and lack of resources further impair case readiness[44].

CONSEQUENCES OF DELAYED ACCESS TO JUSTICE

Delay in accessing justice has profound and far-reaching effects on individuals and society. The key consequences include:

  1. Mental Anguish: People are tired with this state of affairs and are fast losing faith in the judiciary because of the inordinate delay in disposal of cases. This is mostly with innocent people in cell awaiting trials. It is sad to know that there are lots of people in the prison awaiting trials with no hope of getting justice one day. The surprising of all is that majority of them do not know why and how they get there. Let’s be reminded of the case of Baba Gana who left northern Nigeria for better life but little did he know that the city he sought refuge will hold him captive. Nine days after he arrived at Lagos, he was thrown in the prison for alleged robbery and spent 8 years in the prison awaiting trials. What about Sodiq that was arrested in 2015 for being disorderly and if found guilty, he’d spend 90 days in prison or pay a fine of N15, 000. He spent three and a half years in the cell awaiting trials. According to him because of the hostile environment, he concluded he had been kidnapped by some groups of kidnappers. Such prolonged detention without resolution causes psychological trauma, physical hardship, financial ruin, and social stigma. This situation erodes public confidence in the judiciary as the ultimate arbiter of justice.
  2. Erosion of Public Trust in the Judiciary: Slow justice delivery diminishes the trust people place in the judicial system. When courts fail to dispense timely justice, their role as the upholders of law and order is undermined, weakening the rule of law.
  3. Negative Impact on Economic and Social Development: A weak and inefficient judiciary adversely affects economic growth and social progress. Delays in justice contribute to lower per capita income, higher poverty rates, reduced private sector activity, deteriorating public infrastructure, and increased crime rates.
  4. Encouragement of Vigilantism: When the judiciary is perceived as ineffective, individuals and communities may resort to taking the law into their own hands. This breakdown of legal order fosters social instability and undermines the legitimacy of formal justice institutions.
  5. Reduced Judicial Transparency and Public Confidence: Delays obscure the transparency of judicial processes and tarnish the judiciary’s public image. Prolonged cases raise suspicions of inefficiency or corruption, further eroding confidence in the justice system.
  6. Adverse Effects on Witness Testimony: Delays impair the accuracy and reliability of witness testimony. Memories fade over time, making it difficult for witnesses to recall details accurately during cross-examination. Child witnesses are especially vulnerable to memory deterioration, which can compromise the integrity of trials.
  7. Increased Cost of Litigation and Economic Burden on Litigants: Prolonged cases often lead to escalating legal fees and related expenses, which can financially cripple litigants, especially those from low-income backgrounds. This economic burden may deter individuals from pursuing legitimate claims or defenses.
  8. Overcrowding of Prisons and Human Rights Violations: Extended pre-trial detention contributes significantly to prison overcrowding, exacerbating poor conditions and human rights abuses. This also strains the criminal justice system and public resources.
  9. Undermining of Rule of Law and Democratic Governance: Systemic delays weaken the rule of law, which is foundational for democratic governance. When justice is not accessible promptly, it undermines citizens’ belief in the fairness and legitimacy of state institutions.
  10. Loss of Evidence and Case Deterioration: Besides witness memory fading, physical evidence can be lost, degraded, or tampered with over time, weakening cases and potentially leading to miscarriages of justice.

ENHANCING ACCESS TO JUSTICE AND REDUCING DELAY AT THE MAGISTRATE COURT LEVEL THROUGH ALTERNATIVE DISPUTE RESOLUTION (ADR) IN NIGERIA

Magistrate courts, as courts of summary jurisdiction handling a large volume of civil and criminal cases, often face significant delays due to case backlogs and procedural inefficiencies[45]. ADR mechanisms—such as arbitration, mediation, conciliation, and negotiation—offer practical alternatives that can alleviate these delays by resolving disputes outside the traditional court process.

ADR helps magistrate courts by:

  • Decongesting court dockets: By diverting suitable cases to ADR, magistrate courts can reduce their caseload, enabling faster resolution of remaining cases[46].
  • Reducing costs and delays: ADR processes are generally faster and less expensive than formal litigation, which is critical at the magistrate level where many litigants are low-income and vulnerable[47].
  • Increasing access to justice: ADR’s informal, flexible, and culturally sensitive procedures make justice more accessible, especially for marginalized groups who may find courts intimidating or costly.
  • Preserving relationships: ADR encourages cooperative dispute resolution, which is valuable in family and community disputes commonly handled at magistrate courts.

Challenges specific to magistrate courts include:

  • Limited awareness and understanding of ADR among magistrates and litigants due to lack of training and institutional support[48].
  • Resistance from some legal practitioners accustomed to traditional litigation.
  • Need for stronger legal frameworks and enforcement mechanisms to ensure ADR outcomes are respected and implemented.

To maximize ADR’s impact at the magistrate level, it is essential to:

  • Integrate ADR training into magistrates’ education and judicial capacity-building programs.
  • Establish and promote ADR centers accessible to magistrate courts, especially in rural areas.
  • Encourage magistrate courts to actively refer appropriate cases to ADR before trial.
  • Increase public education to raise awareness and acceptance of ADR among ordinary litigants.

By effectively mainstreaming ADR in magistrate courts, Nigeria can significantly reduce delays, unclog court dockets, lower litigation costs, and enhance timely access to justice for its citizens, particularly at the grassroots level where magistrate courts serve as the primary point of contact with the justice system[49].

LEVERAGING DIGITAL INNOVATIONS TO ADDRESS DELAY AND ENHANCE ACCESS TO JUSTICE AT THE MAGISTRATE COURT LEVEL IN NIGERIA

E-filing and digital case management systems significantly reduce delays at the magistrate court level by minimizing reliance on physical document submission and manual case tracking. These technologies enable litigants and lawyers to file cases electronically and courts to monitor case progress in real time, helping prioritize urgent matters and avoid administrative bottlenecks that traditionally slow down case disposal[50].

Virtual hearings and remote access have expanded access to justice by allowing parties in remote or underserved areas to participate without the cost and time of travel. This is crucial at the magistrate level, where many litigants cannot afford frequent court appearances. Virtual hearings also help maintain court operations during emergencies, such as the COVID-19 pandemic, ensuring continuity and reducing backlog[51].

Challenges remain in infrastructure, digital literacy, and cybersecurity, which affect full implementation at the magistrate level, especially in rural areas. Addressing these requires investment in internet connectivity, training for judicial officers and litigants, and robust legal frameworks to protect data privacy and ensure fairness[52].

Recent developments like the Federal High Court Lagos Division’s e-filing launch and Lagos State Judiciary’s e-filing system demonstrate the judiciary’s commitment to digitization, which can serve as models for magistrate courts nationwide[53]. Judicial pronouncements against delay tactics also reinforce the judiciary’s resolve to expedite case disposal[54].

Future prospects suggest that sustained investment in digital infrastructure, policy reforms, and stakeholder engagement can significantly reduce delays, enhance transparency, and build public confidence in magistrate courts, thereby improving access to timely and equitable justice[55].

In summary, embracing e-filing, digital case management, and virtual hearings at the magistrate court level addresses critical causes of delay and barriers to access, offering a transformative path toward a more efficient and accessible justice system in Nigeria.

RECOMMENDATIONS FOR IMPROVING ACCESS TO JUSTICE AND REDUCING DELAYS

To address the challenges of delayed justice and enhance the efficiency of Nigeria’s judicial system, the following recommendations are proposed:

  1. Modernization of Court Facilities: Courts should be equipped with modern infrastructure and technology, including electronic case management systems, digital recording devices, and reliable power supply. This modernization will facilitate faster case processing, reduce paperwork, and improve transparency[56]
  2. Provision and Renovation of Basic Infrastructure: Dilapidated courtrooms and facilities, many dating back to colonial times, require urgent renovation and upgrading to create conducive environments for judicial work. Adequate libraries, waiting areas, and courtroom amenities should be provided to support judicial officers and litigants[57]
  3. Continuous Training and Capacity Building for Judicial Officers and Court Staff: Regular training and retraining programs should be instituted to update judges, magistrates, and court personnel on new laws, technologies, and case management techniques. This will enhance their competence and efficiency in handling cases[58]
  4. Granting Financial Autonomy to the Judiciary: The judiciary should be granted full financial autonomy to enable it to manage its resources independently and meet its operational needs without undue interference. This autonomy is critical for sustaining reforms and improving service delivery
  5. Reduction of Adjournments through Strict Case Management: Courts must adopt robust case management practices, with judges actively controlling the pace of litigation. Strict enforcement of timelines, limitation of frivolous applications, and sanctions for unnecessary adjournments will help reduce delays[59]
  6. Review and Simplification of Court Rules and Procedures: Procedural rules, especially those governing lower courts, should be reviewed and simplified to reflect contemporary realities. This will eliminate archaic practices that cause unnecessary delays and make the justice system more accessible[60]
  7. Adoption of a Judicial Examination System Inspired by the Chinese Model: To ensure a steady supply of qualified judges, Nigeria could adopt a national judicial examination system for law graduates aspiring to judicial appointments, particularly in the lower judiciary. This would enhance the quality and readiness of judicial officers
  8. Promotion of Alternative Dispute Resolution (ADR) Mechanisms: Greater awareness and utilization of arbitration, mediation, and other ADR methods should be encouraged to alleviate court congestion and provide faster, cost-effective dispute resolution options
  9. Embrace of Digital Transformation and E-Justice Initiatives: The judiciary should accelerate the digitalization of court processes, including e-filing, virtual hearings, online payment of fees, and electronic case tracking. Investments in cybersecurity and training are essential to maximize the benefits of technology and ensure data protection
  10. Embrace of Digital Transformation and E-Justice Initiatives: The judiciary should accelerate the digitalization of court processes, including e-filing, virtual hearings, online payment of fees, and electronic case tracking. Investments in cybersecurity and training are essential to maximize the benefits of technology and ensure data protection[61]
  11. Establishment of Specialized Courts and Mobile Courts: Creating specialized courts for specific offenses and mobile courts for minor infractions can reduce the burden on regular courts and expedite justice delivery
  12. Strengthening Accountability and Transparency Measures: The establishment of judicial public complaints committees and mechanisms to investigate judicial misconduct will promote accountability and enhance public confidence in the justice system[62]

CONCLUSION

The problem of delayed justice in Nigeria’s magistrate courts is legendary and remains one of the greatest barriers to equitable access to justice for ordinary citizens. While Information and Communication Technology (ICT) tools and alternative dispute resolution mechanisms exist that can help alleviate these delays, their adoption at the magistrate court level has been slow and uneven.

The justice system is not only about crime, prisons, and courts; it is fundamentally about ensuring that the rights and responsibilities of every citizen are recognized and enforced. Magistrate courts, which handle the bulk of cases affecting everyday Nigerians, must be strengthened to deliver timely justice. It is disheartening that for many, especially those awaiting trial or involved in minor civil disputes, the magistrate court system—often their last hope—has become a medium of denial through slow or no access to justice.

Delay in access to justice causes severe hardship and disproportionately affects vulnerable litigants. It also undermines public confidence and respect for the judiciary and can lead to mental and emotional distress for affected parties.

As a famous British historian once said, “Delay is the deadliest form of denial.” Justice delayed is justice denied—no matter how cliché this sounds. Therefore, it is fundamental and mandatory that magistrate courts provide quick, accessible, and effective justice to all Nigerians. Only then can the judiciary truly fulfill its constitutional mandate and restore faith in the rule of law.

2.0 REFERENCES

Dakyen, I.C.(2006) The Nigerian Judicial System Problems, Challenges and Prospects, In Judicial Integrity Independence and Reforms. Essays in Honour of Hon. Justice M.L Uwais (GCON, CJN) (Enugu: Snaap Press Ltd) at Pp.350-352.

See Ani Comfort Chinyere “Access to Justice in Nigeria Criminal and Civil Justice System” available at < https://lagalpediaonline.com/access-to-justic- in-nigeria-criminal-and-civil-justice-systems/amp/>  accessed on 8th march, 2022.

Dele P. (2005)Public Prosecution and the Concept of Restorative Justice In Nigeria, Fountain Quarterly Law Journal, May 2005, Vol.2 No.1 Publication of the Ekiti State Ministry of Justice Ado-Ekiti at p.83

Oyeyipo, T.A.(2007) et al (eds): Judiciary and Democracy in Nigeria – Essays in Honour of Hon Justice Salihu Modibu Alfa, Belgore CJN (Rtd) GCON (Enugu: Snaap Press Ltd.) at p.323.

Alabi A.A.(2004) Case Flow Management in the Lower Courts  Problems and Solutions. In Conference of All Nigeria Judges of the Lower Courts 2002 (Lagos: Mij Professional Publishers.) at Pp.56-57)

Idoko A(1996) Case Flow management and the Role of Lawyers In: All Nigerian Judges Conference Papers, 1995 (Lagos JCJ Professional Publishers Ltd,) at p.92.

Justice for all   Nigeria,           “How  to increase performance          in courts: Introduce a case management system and      reduce trial      delays” https://www.j4a-nigeria.org accessed on 25th February, 2023

Hon. Justice    A. U. Kalu, “Speedy Dispensation of Justice Through Effective Case          Management in             Nigeria ”delivered at the 2011            Biennial National Convention            of the   All Nigeria Magistrates Association          on 10th May 2012 at Uyo, Akwa        Ibom    State.

Adeloye S.F(1994) State High Courts and Judicial Control of Funding in All Nigeria Judges Conference (Lagos: Anatraco Ltd) at p.88

Mbadiwe v Independent National Electoral Commission (2010) All FWLR (Pt 547) 745 @ 773-7755 VE   Dike,   ‘Managing   the   Challenges   of   Corruption   in   Nigeria’   (June,   2003)   Available   at http://web.archive.org/web/20180412082414id_/http://www.bribenigeria.com/wpcontent/uploads/2011/07/managing-corruption-in-Nigeria.pdf  Accessed on 27 February, 2023

[Answered] Discuss the impact of slow Judiciary and delayed justice on Indian economic growth. Give some solutions. available at https://blog.forumias.com/answered-discuss-the-impact-of-slow-judiciary-and-delayed-justice-on-indian-economic-growth-give-some-solutions/  accessed on March 2nd, 2023

Angelo B. Dube, assisted by a team of researchers and legal practitioners. Assessment Study On Delayed Justice Delivery, final report 2010 available at https://www.researchgate.net/publication/334443381_justice_delayed_is_justice_denied_an_empirical_study_ of_causes_and_implications_of_delayed_justice_by_the_nigerian_courts accessed on march 3rd, 2023

Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State.

oluwaleyeadedoyingrace@gmail.com  ,08106289069 or 08155618455

[1] M T Ladan, ‘’Access To Justice And The Justice Sector Reform In Nigeria’’, A Paper Presented At The First International Conference Of The State Affairs Of Africa, Organized By The International Institute For Justice And Development  (IIJD), Boston Massachusetts, USA, Oct. 26-28, 2006, available at http://www.iijd.org/PDF%20FilesMuhammedTawfiqLadanJusticeSectorReformNigeria.pdf accessed 26 July, 2022.

[2] H Zeisel, H Halven & B Bucholz,  delay in court  (1959)  xxii, as above, v.

[3] See Ani Comfort Chinyere “Access to Justice in Nigeria Criminal and Civil Justice System” available at < https://lagalpediaonline.com/access-to-justic- in-nigeria-criminal-and-civil-justice-systems/amp/>  accessed on 8th march, 2022.

[4] Oluwaleye Adedoyin Grace “Access to Justice in Nigeria: A Call For Review” available at https://barristerng.com/access-to-justice-in-nigeria-a-call-for-review-by-oluwaleye-adedoyin-grace/ , accessed on 26 July, 2022.

[5] ‘’Access to Justice- United Nations and the Rule of Law” available at https://www.un.org/ruleoflaw/thematic-areas/access-to-justice-and-rule-of-law-institutions/access-to-justice/ accessed on 27 July, 2022.

[6] Okogbule N. S., “Access to Justice and Human Rights Protection in Nigeria: Problems and Prospects”, in Sur, Rev. int. direitos human. vol.2 no.3 São Paulo Dec. 2005. Available at: http://www.scielo.br/scielo.php?script=sci_arttext&pid Accessed on 26 July, 2022

See also: See UNDP definition of access to justice Available at: http://www.undp.or.id/factsheets/2008/GOV%20Legal%20Empowerment  accessed 26 July, 2022

[7] ‘’Necessary condition: Access to Justice | United State Institute of Peace” available at https://www.usip.org/guiding-principles-stabilization-and-reconstruction-the-web-version/rule-law/access-justice  accessed on 27 July, 2022.

[8] A C Chinyere ‘’ Access to Justice in Nigerian Criminal and Civil Justice Systems’’ available at https://legal pediaonline.com/access-to-justice-in-nigerian-criminal-and-civil-justice-systems/amp/  accessed on 26 July, 2022.

[9] UNDP, “Access to Justice,” 2004.

[10] Ani Comfort Chinyere “Access to Justice in Nigeria Criminal and Civil Justice System” abovenote 3

[11] . See T. A. Aguda, The Crisis of Justice (Akure, Nigeria: Eresu Hills Publishers, 1986), pp. 31-33.)

[12] C. Ake, “The African Context of Human Rights” being a paper presented at the International Conference on Human Rights in the African Context held in Port Harcourt, 9-11 June 1987, quoted in T. AkinolaAguda, Human Rights and the Right to Development in Africa (Lagos: Nigerian Institute of International Affairs, 1989), p. 26.

[13] J. N. Aduba, “Human Rights and Social Justice in Nigeria: Issues, Dilemma and Options”, in A. U. Kalu& Y. Osinbajo (eds.), Perspectives on Human Rights (Nigerian Federal Ministry of Justice, 1992, p. 220), pp. 229-231.

[14] 1986) 1 NWLR pt. 17 p.471

[15]  Id., p. 478.)

[16]( 1989) 4 NWLR pt. 116, p. 387.)

[17] Id., p. 419.

[18] [PDF] Access to Justice under the Nigeria Constitution 1999 – IIARD available at https://iiardjournals.org/get/IJSSMR/VOL.%2010%20NO.%207%202024/ACCESS%20TO%20JUSTICE%20UNDER%20157-175.pdf  accessed on July 2, 2025.

[19] Access to Justice and Human Rights Protection in Nigeria – Sur available at  https://sur.conectas.org/en/access-justice-human-rights-protection-nigeria/ accessed on July 2, 2025.

[20] Ani Comfort Chinyere “Access to Justice in Nigeria Criminal and Civil Justice System” abovenote 3

[21] (1990) NWLR (part 12) 105. Also Agiende Ayambi V. The State decided in 1985, cited in Obiokoye available at https://repository.up.ac.za/upspace/bistram/2263/942/1/obiokoye_io_1.pdf accessed on 28 July 2022.

[22] Ibid[16]

[23] Nlerum S. Okogbule ‘’ Access To Justice And Human Right Protection In Nigeria’’ available at https://sur.conectas.org/en/access-justice-human-rights-protection-nigeria/#:~:text=The%20relationship%20between%20access%20to,protection%20of%20their%20basic%20rights.  Accessed on March 3rd, 2023.

[24] (See J. F. Fekumo, “The Problem of Jurisdiction in Compensation for Environmental Pollution and Degradation in Nigeria: A Fundamental Rights Enforcement Alternative” being a paper presented at the Nigerian Bar Association Annual Conference held in Abuja, 22-27 August 2004, p. 26.)

[25] See N. S. Okogbule, “The Nigerian Factor and the Criminal Justice System” (University of Benin Law Journal n. 7, 2004), p. 165.)

[26] Ndu v. The State 7 NWLR PT.164 (1990),

[27] (2001) 20 WRN 30.

[28] See A. G. Shettima, “Socio-Economic Obstacles to the Realization of a Just Society: The Nigerian Experience”, in Y. Osinbajo et al. (eds.), Human Rights, Democracy and Development in Nigeria (Lagos: Legal Research and Resource Development Centre, 1999), pp. 100-104.

[29] Access to Justice and Human Rights Protection in Nigeria – Sur available at  https://sur.conectas.org/en/access-justice-human-rights-protection-nigeria/ accessed on July 2, 2025.

[30] Page 1 of 8 https://www.unodc.org/res/justice-and-prison-reform/access-to-justice-for-all_html/Abrahams_Children_Foundation.pdf accessed on July 2, 2025.

[31] REVISTA SUR available at https://bdjur.stj.jus.br/jspui/bitstream/2011/22070/Access_to_Justice_and_Human_Rights_Protection_in_Nigeria.pdf accessed on July 2, 2025.

[32] Akanbi M.M, ‘’Delay in the Criminal Admin istration of Justice in Nigeria’’ available at https://core.ac.uk/download/pdf/234649906.pdf  accessed on February 26, 2023

[33] Judicial delays raising Nigeria’s financial risk profile – UBA GMD available at  https://punchng.com/judicial-delays-raising-nigerias-financial-risk-profile-uba-gmd/ accessed on July 2, 2025.

[34] DR. Agbonika John, Alewo Musa Associate Professor, Faculty of Law, Kogi state University, Anyigba, Nigeria. “Delay in the Administration of Criminal Justice in Nigeria: Issue From a Nigerian Point of View” Journal of Law, Policy and Globalization. ISSN 2224-3240 (paper)  ISSN 2224-3259 (online) Vol. 26, 2014.

[35] Agbonika          John,      “Delay   in             the          Administration     of            Criminal Justice    in Nigeria:Issues from        a                Nigerian Viewpoint, available at ” www.iiste.org  accessed 26th February, 2023.

[36] David G. Mann ‘’Curbing delay in the administration of justice: case management in the magistrate court’’ available at https://nji.gov.ng/images/workshop_Papers/2017/Orientation_Newly_Appointed_Magistrates/s2.pdf accessed on February 27th, 2023

[37] 25 MAJOR CAUSES OF ACUTE DELAY IN JUSTICE DELIVERY IN … available at https://triplenet.com.ng/imetrowatch/metro_body.php?myId=3149&myView=67 accessed on July 2, 2025.

[38] Nigeria: Amid Calls for Reforms – Lawyers Lament Delays in Judicial Trials available at https://allafrica.com/stories/202505050131.html accessed on July 2, 2025.

[39] Nigeria’s Justice System In Crisis: Delays, Despair, And A Cry For Reforms available at  https://independent.ng/nigerias-justice-system-in-crisis-delays-despair-and-a-cry-for-reforms/ accessed on July 2, 2025.

[40] Mounting suits, infrastructural challenges worsen delayed cases … available at https://punchng.com/__trashed-33/ accessed on July 2, 2025.

[41] Nigeria: Causes, Consequences of Failing Justice System in Nigeria available at https://allafrica.com/stories/202504170268.html accessed on July 2, 2025.

[42] [PDF] Solving the Problem of Delay in Adjudication of  in Nigeria … available at https://journals.unizik.edu.ng/jocarl/article/download/5417/4497/12336 accessed on July 2, 2025.

[43] Nigeria: Amid Calls for Reforms – Lawyers Lament Delays in Judicial Trials available at https://allafrica.com/stories/202505050131.html accessed on July 2, 2025.

[44] [PDF] Delay in the Administration of Criminal Justice in Nigeria – CORE available at https://core.ac.uk/download/pdf/234649906.pdf accessed on July 2, 2025.

[45] [PDF] The Case for Alternative Dispute Resolution(ADR) in the Magistracy … available at https://www.iiste.org/Journals/index.php/JLPG/article/download/21717/21908 accessed on July 2, 2025.

[46] EXAMINATION OF THE ROLE OF NIGERIAN COURTS IN ADR PROCESS available at https://keffi.nsuk.edu.ng/server/api/core/bitstreams/1c226631-1c53-40e5-9bec-d4b4d73c9c29/content accessed on July 2, 2025.

[47] Sponsored by https://www.unodc.org/documents/nigeria/publications/Otherpublications/Training_manual_on_alternative_dispute_resolution_and_restorative_justice.pdf  accessed on July 2, 2025.

[48] Exploring Adr in Criminal Process: a Panacea to Effective Administration of Justice in Nigeria available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4723566 accessed on July 2, 2025.

[49] The Resurgence Of Alternative Dispute Resolution In Nigeria’s … available at  https://i-adrnigeria.org/the-resurgence-of-alternative-dispute-resolution-in-nigerias-legal-system/ accessed on July 2, 2025.

[50] Navigating Digital Transformation in Nigerian Law: LegalDigitalNG’s … available at https://legaldigitalng.com/navigating-digital-transformation-in-nigerian-law-legaldigitalngs-guide-to-the-future/ accessed on July 2, 2025.

[51] Improving Justice Administration Through Remote Court Proceedings – NEWS AGENCY OF NIGERIA available at https://nannews.ng/2023/01/24/improving-justice-administration-through-remote-court-proceedings/  accessed on July 2, 2025.

[52] USING TECHNOLOGY TO INCREASE ACCESS TO JUSTICE available at  https://www.partnersglobal.org/wp-content/uploads/2024/02/Using-Technology-to-Increase-Access-to-Justice-Best-Practices-from-the-Reforming-Pretrial-Detention-in-Nigeria-Project.pdf accessed on July 2, 2025.

[53] From Paper to Portal: Advancing Nigeria’s Judiciary Through E-Filing and Court Digitization available at https://www.linkedin.com/pulse/from-paper-portal-advancing-nigerias-judiciary-court-odoemelam-esq-8wezf accessed on July 2, 2025.

[54] Effectiveness of the Administration of Justice in Nigeria Under the … available at https://www.lawjournal.digital/jour/article/view/314 accessed on July 2, 2025.

[55] PPDC Unveils Court Management Technology to Improve Justice … available at https://humanglemedia.com/ppdc-unveils-court-management-technology-to-improve-justice-delivery-in-nigeria/ accessed on July 2, 2025.

[56] Innovations for the development of remote justice in Nigeria available at https://www.ibanet.org/article/BA479B88-55BA-43EA-9DF6-80A0FB6C3668 accessed on July 2, 2025.

[57] West Africa: Still in Pursuit of Judicial Reforms in Nigeria available at  https://allafrica.com/stories/202406240425.html accessed on July 2, 2025.

[58] A Letter to National Judicial Council: Technology for the Future of the Nigerian Court System – 1828 – Championing Freedom available at  https://1828.org.uk/2023/12/22/a-letter-to-national-judicial-council-technology-for-the-future-of-the-nigerian-court-system/  accessed on July 2, 2025.

[59] Nigeria’s court procedural landscape is sluggish and inefficient and … available at  https://oal.law/nigerias-court-procedural-landscape-is-sluggish-and-inefficient-and-needs-reform/ accessed on July 2, 2025.

[60] Reforming Court Rules for Speedy Justice Delivery: A Catalyst for … available at  https://oal.law/reforming-court-rules-for-speedy-justice-delivery-a-catalyst-for-nigerias-economic-growth/ accessed on July 2, 2025.

[61] From Paper to Portal: Advancing Nigeria’s Judiciary Through E-Filing and Court Digitization available at https://www.linkedin.com/pulse/from-paper-portal-advancing-nigerias-judiciary-court-odoemelam-esq-8wezf  accessed on July 2, 2025.

[62] Modernizing the Judicial Process: Innovations of the Supreme Court …  available at https://www.olaniwunajayi.net/blog/modernizing-the-judicial-process-innovations-of-the-supreme-court-rules-2024/  accessed on July 2, 2025.

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