Nigeria: Chief Judge Seeks Speedy, Fair Determination of Cases Amid, Condemns Media Attacks

2 December 2024

The Chief Judge urged judges and staff to rededicate themselves to improving efficiency in the new legal year.

The Chief Judge of the Federal High Court, John Tsoho, on Monday, called for speedy and fair determination of cases.

"As we navigate the challenges confronting the judiciary and the Federal High Court in particular, it is imperative that we adhere to best practices in Justice delivery. Judges must maintain the highest standards of impartiality and fairness in all their judicial functions, Mr Tsoho said during the event marking the commencement of the court's 40th Legal Year in Abuja.

He urged the judges of the court to ensure that their decisions are "based solely on the law and the evidence presented, without fear or favour."

"We must strive to resolve cases expeditiously while ensuring that justice is not compromised. Delays in the administration of justice erode public confidence and undermine the rule of law," he added.

He urged judges and staff to rededicate themselves to improving efficiency in the new legal year.

Mr Tsoho made this call amid a mounting number of cases which he said climbed to 155,969 at the beginning of the new 2024/2025 legal year.

"It is necessary at this juncture to give the status of litigation before this Court in the past Legal Year, 2023/2024. That Legal Year officially closed in July 2024.

"At the beginning of that Legal Year, a total of 152, 469 cases were pending and carried over from the previous Legal Year. Within the Legal Year under review (2023/2024), a total of 13 648 cases were filed and 10 148 were disposed of, leaving 155 969 cases pending, which have been carried over to the current Legal Year," he said.

He provided a breakdown of the unresolved cases: 43,030 civil cases, 41,335 criminal matters, 28,760 fundamental rights enforcement cases, and 42,844 involving the Asset Management Corporation of Nigeria (AMCON), petitions, and motions.

Despite these figures, Mr Tsoho praised the court's performance because of the impact of the 23 judges appointed in late 2023 and the elevation of eight judges to the Court of Appeal.

However, the Chief Judge acknowledged the ongoing challenge of a growing case backlog and called for alternative dispute resolution mechanisms to help expedite case resolution.

Judicial Independence and media attacks

Mr Tsoho condemned increasing criticisms of judicial decisions in the media.

He warned that such actions threaten the judiciary's independence and the rule of law.

"I am compelled to seriously deprecate the current pervading attitude of some lawyers, litigants and public commentators of launching virulent attacks in the media against Judges and their decisions. The Federal High Court regrettably, has been worse for it, arising from its wide territorial and vast subject matter jurisdiction.

"This trend seems to have become a ready means of seeking fame, employed mostly by failed lawyers and litigants. They do not realise that the field of law and indeed adjudication, is not a pedestrian affair," he noted.

He stressed that a sustained increase in the judiciary's budgetary allocation is essential to address infrastructural and technological gaps and to enhance the court's ability to meet its constitutional mandates.

Reforms and funding challenges

Reflecting on the previous legal year's achievements, Mr Tsoho said the court has implemented an e-affidavit system, which streamlined court processes and reduced costs.

He also mentioned two significant practice directions, including those aimed at managing non-performing loans through the Asset Management Corporation of Nigeria (AMCON).

Mr Tsoho further called on the administration of President Bola Tinubu's administration to increase the judiciary budget.

"The increased budgetary allocation this year is a testament to his commitment towards strengthening our Judicial institutions. This vital support will enable us to address critical needs, improve our infrastructural facilities and the delivery of justice across the nation."

"We are particularly grateful for the resources allocated towards the safety and security of our Honourable Judges and court personnel which are of paramount importance."

NBA president calls for judicial reforms

In his remark at the event, the President of the Nigerian Bar Association (NBA), Afam Osigwe, has called for urgent reforms to restore public confidence in the judiciary.

He cited widespread perceptions of inefficiency, corruption, and undue influence as key factors damaging trust in the legal system.

"Many Nigerians believe our courts waste time, are corrupt, and fail to protect the interests of ordinary citizens," Mr Osigwe said.

He also criticised the practice of "forum shopping," where litigants intentionally seek favourable jurisdictions or judges and raised concerns about the Federal High Court handling cases outside its jurisdiction.

Mr Osigwe proposed reforms to improve judicial efficiency, including adopting advanced technologies like e-filing and online payment platforms, as well as penalties for lawyers who engage in obstructive litigation tactics.

He also called for judges to remain in one division for at least three years to enhance case familiarity and efficiency.

Both Messrs Tsoho and Osigwe emphasised the need for greater collaboration between the judiciary and legal practitioners to strengthen Nigeria's justice system.

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