Victor Ihekweazu reviews the problems bedeviling the nations jucidicial system and profers possible solutionsThebase for sustenance of human freedom, free enterprise, fundamental rights, democracy, due process and justice lie in having an effective and efficient judiciary with potent structures and capacity that deliver excellent service. It is a strong arm of government existing in cohesion with other arms to achieve and secure good governance. A weak judicial system ushers in a failed state where impunity and lawlessness thrive. No matter the effectiveness of the Executive and Legislative Arms of government, a weak or failed judicial system brings down the society gradually and drives it to complete anarchy. A society is built by the people for the well-being of the people. A state or society that fails in creating the good of its people fails in value and essence.Our system allows cases to become protracted for over four years and at the appellate levels for between three to 12 or more number of years before conclusion. In addition, the process of enforcement of judgments has also remained slow and in some cases almost impossible. The result is that in most cases people reap value in death or in a state where the value achieved comes to nothing but for records and jurisprudence.Under Section 6 (6) (a) and (b) of the 1999 Constitution (as amended), the judicial powers extend to all inherent powers and sanctions of a court of law and to matters between persons, government or authority and to any person in Nigeria and to all actions and proceedings for the determination of any question as to the civil rights and obligation of that person. This provision allows the court to exercise its civil jurisdiction and when matters are conclusively determined, effect ought to be given to the judgment to give validity to the judicial exercise and not subject the decision to further exercise of power by another arm of government in some instances as section 84 of the Sheriffs and Civil Process Act provides. The section requires the consent of the Attorney General before execution can be levied against government establishments in Garnishee Proceedings against such establishments. The effect is that the Attorney General can withhold his consent and in effect make nonsense of the exercise of judicial powers. This section, with due respect, appears to be in conflict with the constitutional powers of the court and can be used to frustrate the exercise of judicial powers.This development calls for serious concern and urgent amendment. In the interim, there is need for an urgent policy direction to protect the exercise of judicial powers. A stitch in time, they say, saves nine. As we watch helplessly hoping for improvement without effort, so will our society continue to drift to a state without an effective judicial system. This must not happen and we must rise up to the calling for the desired change.The standard for judicial appointments at the High Court level should be made to be the same with the standard for elevation to the rank of Senior Advocates of Nigeria. In fact, holders of the position of Senior Advocate of Nigeria should be encouraged to go to the Bench even at the High Court levels, as it is done in England where most appointments similar in nature are made from the class of holders of the ranks of Queens Counsel.In addition, discipline at the Bar and clear evidence of excellent record in legal practice must be glaring with clear recognitions and attestations. It is now time to have judges and justices who have practised up to the highest court in the land with wealth of exposure and records of decided and reported cases. This may look difficult but it is the only way forward.A high court judge must possess the record of having concluded at least six cases each at the High Court and the Court of Appeal within a period of not more than 10 years to be eligible for appointment. The same applies to appointments to our appellate courts with judges having excellent experience in the appellate courts. Experience has shown that justices appointed to appellate courts from the Bar with good practice experience have performed extremely well. A judicial position is not a position you learn on the job but where you advance the course of justice and freedom of democratic rights from the position of rich knowledge, experience and proven integrity while recognising your power and jurisdiction under the constitution.It must be admitted that our courts in some cases work under deplorable conditions. They also lack technological support for excellent service. The state of infrastructure and support materials in Abia State and Imo State high courts for instance, require urgent attention. I have had reason to visit these courts, especially in Owerri, Aba and Umuahia. The state of the courts is deplorable in terms of infrastructure and working conditions, though I believe there are other states with similar poor conditions. I must commend the efforts of the Rivers and Lagos state governments on the improvements in their infrastructure and support materials for the magistrate and high courts. There is need for states to continue to improve in these areas. A judicial officer must be supported to improve his or her service delivery. Research support and assistants, as well as materials and needed equipment for the job provided to aid their work. The challenges are huge and we must not allow a situation where a judicial officer or administrative staff will be asked to catch or kill a lion with bare hands.Administrative officers and other personnel must fully understand their call to duty. Where a court delivers a decision, the Certified True Copy of the decision must be produced in at least two or three days at most otherwise it should be a matter of hours if possible. The process of enforcing the decision must be smooth upon settlement and perfection of appropriate court processes. It must not be a cash and carry thing but a process that allows for diligent assessment of fees and prompt action upon payment of statutory fees. The essence of approaching the court is to reap the relief or be justified in defeat where defence succeeds. If this cannot be achieved, then the purpose of establishing the judiciary would have failed.Legal practitioners also have their role to play in ensuring an effective judiciary. In truth, lawyers constitute a large number of critics of the judicial system but the extent to which they have through their branch and national structures assisted in bringing solutions to the system remains abysmally low. I must confess that the Bar has the power and potential to re-engineer the judicial system and make it work better in co-operation with other related institutions under the justice sector. The judiciary cannot exist without lawyers in advocacy. Advocates in practice must earn their living through processes initiated and conducted in our courts.Professional monitoring helps build the society. It creates sanity within the respective sectors in related fields and by extension adds value to the political order and socio-economic life of the citizens. How then can this be achieved in the judiciary' The Bar must look inwards and give effect to its internal structures allowed under its national constitution and the respective branch constitutions. All committees and office structures must be made potent to give effect to its functions. In relation to the judiciary, the Bar must create monitoring committees across its branches to be constituted by members with courage and integrity to monitor the judicial system. These committees must serve as watchdogs on the performance level of the judicial officers and administrative personnel of the respective courts to report to the national body through the branches or to the branches as the case may be for appropriate steps to be taken regarding the affected judicial division.The constitution guarantees the right of appeal. This right in most cases has suffered terribly as most structures enabling the exercise of their rights are either weak or full of gaps that cause unnecessary delays. Clearly and from the structures of the courts of first instance to the Court of Appeal and to the Supreme Court, the process of transmission of records and exhibits appear slow in most cases thus making practitioners to personally follow up on these processes. In court proceedings, reasons for adjournments range from tardiness of practitioners to obstacles created by administrative staff of courts and other reasons. In most divisions of the Court of Appeal, the panels cannot constitute quorum due to one reason or the other. Seminars and workshops are organised and fixed for judges without recourse to adjourned matters and hearing dates for matters thus leading to frustrating adjournments and unnecessary delays. The effect is that the backlog of appeal cases keeps piling up while new ones are filed daily in those Divisions. The danger is that appeals filed this year, unless where accelerated hearing is granted, may have to wait for between two to five years before it is considered and heard. The question one may ask is whether it is not possible to have a well defined yearly calendar for every court so that their yearly programmes and events can be adjusted with regard to pending matters before the respective courts. The worst situation with due respect is at the Supreme Court where few justices presently face the daily challenge of dealing with appeals with only one panel sitting. The court has the capacity of functioning with at least two or three panels in terms of legal framework. Appeals are filed in hundreds yearly while the capacity of the court under the constitution remains 22, with the court operating with less than 15 presently. In truth, the court is presently operating with limited number of justices and under poor support systems. There is the need to sustain the legal framework and ensure consistency in its constitutional provisions. It is believed that over 15,000 cases may be pending before the Supreme Court. This number is very high as one wonders how many of these cases can be concluded in three to five years with the court working at full capacity. It will indeed be a tall ambition.It is my view that there is the need for constitution amendment to increase the number of justices to 30 or 35. In addition, the age of appointment should be between 45 and 55. There should also be regular health checks every three years to be conducted by recognised health institutions as it is done in some companies and government establishments. Appointments should also not be limited to Justices of the Court of Appeal as it is presently the custom but extended to the Bar and the Academia in the case of a person that have shown exceptional distinction with experience of having handled high number of cases before the Supreme Court and Industry in terms of law Publications. This will improve on the capacity and output of the court.In the Supreme Court, there are no research assistants and the administrative structures are equally weak. The process of transmission of processes to the court and arrangements of processes in appeal files for justices to take on matters is very slow. There are instances of cases where processes filed are not transmitted to the court files for months, just for the lawyer to appear in court and for his matter to be adjourned for that singular reason.We must admit that there is danger which calls for concern. We cannot continue to watch and hope. The government and the affected professional bodies and institutions must rise to the occasion and help restore the system. It is not impossible. It is very possible and doable if only the will is there. We have the resources and qualified manpower.In the present state of our judiciary and justice delivery system there are clear indications for immediate implementation of changes that will aid in improved services. Our socio-economic wellbeing, to a great extent, depends on its potency and effectiveness. It concerns all of us no matter how peaceful we live and manage our affairs.Recently, the Chief Justice of Nigeria set up a special Committee for Reform of the Judiciary under the chairmanship of a former Chief Justice of Nigeria, Justice Muhammadl Uwais. This is a welcome development as it could not have come at a better time. The success of the judiciary will bring good governance, peaceful coexistence and guarantee welfare and security. The earlier the better they say so let us act fast. Our positive step in this direction will help the present and future generations.
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