*Says We Have To Emulate The American System Effectively
*Condemns Indiscriminate Adjournment Of Cases In Courts
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A Senior Advocate of Nigeria, Boma Alabi, OON, SAN, has advocated for constitutional amendments which would allow the establishment of state appeal courts in Nigeria.
Mrs Boma, who is a former President of the Commonwealth Lawyers Association, made this known in an interview with Punch where she addressed a range of issues relating to Nigeria’s legal system and economy.
According to the Learned Silk, to efficiently dispense justice in Nigeria especially at the appellate level, there is a need for the establishment of state appellate courts across the country, that will serve as the court of final jurisdiction over certain issues just like the American system.
She said, “You heard the Chief Justice of Nigeria at the senate confirmation hearing recently. The system, as it is, is simply not working and a constitutional amendment is needed to address this. In my considered opinion, we ought not to have so many appeals going all the way to the one Supreme Court for the entire country and for all matters. If we are emulating the American system, then, let us do so efficiently. There is a state appellate court as well as a federal appellate court in the United States of America. All 50 states have appeal courts. I don’t see why a matrimonial matter or a chieftaincy claim or indeed a land case, cannot end in the state appeal court for instance as well as appeals on interlocutory rulings, rather than meandering their way to Abuja.”
She also spoke on the issue of frequent adjournment of cases in Nigeria courts and condemned the trend as being a clog on the wheels of justice.
She noted, “Applications for adjournment in this jurisdiction are far too frequent and there is little consequence for wasting the precious time of the court. When counsel or witnesses fail to appear, the courts are generally inclined to grant an adjournment to ensure that the parties are not denied justice through no fault of their own. It is a pity. There should be consequences for wasting the time of the court.”
She continued, “I have been in court both at trial level and Appeal Court level when almost 90% of the cases on the cause list are adjourned because one side or the other is unable to proceed and applies for an adjournment. It must be very frustrating for the judges who would have read the files the night before and arrived at their courts ready to proceed only for the case to have to be adjourned in the interest of justice.”
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