Ahmed Raji SAN Delivers Keynote Address At NBA Gwagwalada 3rd Edition Of CJ Annual Lecture And Merit Awards.

TOWARDS A BETTER NIGERIA; BENCHMARKING PERFORMANCE, RESETTING STANDARD, AND RETHINKING JUSTICE.

Being the text of the keynote address delivered by Ahmed A. Raji, SAN, FCIArb. (UK) at the 2024 edition of the Nigeria Bar Association, Gwagwalada Branch, Chief Judge AnnualLecture and Merit Awards, in honour of Hon. Justice Husseini Baba-Yusuf, Chief Judge of the High Court of the Federal Capital Territory, held on the 24th of May 2024, at the Auditorium, Faculty of Law, University of Abuja.

“To no one will we refuse or delay right or justice.”– Magna Carter.
“Each Person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty.” – John Rawls.
1.0. INTRODUCTION:
1.1. John Rawls, an American moral, legal and political philosopher in his scholarly Treatise, “A Theory of Justice” theorised justice to be “fairness”, postulatingthat in every structured society, each person should have the same rights and liberties as the other. Therefore, justice, as: “the basic value underlying a system of law, or the objective which that system seeks to attain”, is one of the indices of a society’s development. A society which upholds the tenets of justice, i.e., “fairness”, may be deemed as developed, in that, the administration of justice is a cornerstone of governance, reflecting the values and principles upon which a nation is built.
These principles not only guide the administration of justice and/or shape the legal system, but also, the social fabric of a society, influencing how individuals interact, resolve disputes, and seek redress for grievances.
1.2. In Nigeria, the gatekeeper of justice is the Judiciary; and in recent times, the Judiciary, more than ever before, has come under serious scrutiny, largely due to the advent of social media and advancements in technology. Judgments of courts make breaking news, and in turn, become topics for discussion by all and sundry – not the learned few who are trained to give the proper scrutiny to same.
The nigerian society is also evolving. Acceptable norms in times past are taboo today, and so too is the concept of justice and justice delivery, evolving. Who would have thought that the widespread practice of ‘spraying monies’at parties will be criminalized, let alone the punishment[with imprisonment] of individuals for same, by our courts?
1.3. Hence, as we evolve as a Society, and in our notion of justice, it is essential for us to align our administration of justice with global best practices, without loosing sight of our unique history, culture, aspiration and overall circumstances as a country. In other words, our justice delivery system, just like what obtains in civilized nations, should play a vital role in upholding the Rule of Law and ensuring equality before the Law, supporting Constitutionalism/Constitutional Democracy, and fostering a Society built on fairness and accountability. This implies a system where everyone is equal before the law; a system which is transparent.
1.4. Against the foregoing background, I find the topic not only timely, but necessary, especially coming on the heels of the just concluded justice Sector Reforms Summit organized by the Honourable Attorney General of the Federation, with the theme: “Repositioning the justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”. This shows a consensus and a commitment aimed at entrenching a more effective justice system in Nigeria.
Each of the sub themes of the instant topic is thought-provoking, and geared towards the objectives of this gathering. They also reflect the urgent need for a comprehensive evaluation of our justice system. Hereunder, I present my modest contribution to the topic in line with each of the subthemes: Benchmarking Performance, Resetting Standard, and Rethinking Justice.          

“The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that every thing must be done according to law. It means also that government should be conducted within the frame-work of recognized rules and principles which restrict discretionary power, which Coke, colorfully spoke of, as “golden and straight and of law as opposed to the uncertain and crooked cord of discretion”(see 4 Inst. 41). “More relevant to the case in hand, the rule of law means that disputes as to the legality of acts of government are to be decided by Judges who are wholly independent of the executive. See Wade on Administrative Law 5th Edition p. 22 – 27. That is the position in this country where the Judiciary has been made independent of the executive by the Constitution of the Federal Republic of Nigeria 1979 as amended by Decree No. 1 of 1984 and No. 17 of 1985.
The Judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law. It is both in the interest of the government and all persons in Nigeria. The law should be even handed between the government and citizens.”
[Emphasis ours]
The old case of LAKANMI v. A.G. WESTERN NIGERIA is also instructive here.
2.2. Our current democratic experiment has also benefitted immensely from the industry of the Judiciary. See cases like MARWA & ORS. v. NYAKO & ORS. (2012) LPELR – 7837 SC at pp. 23 – 25, paras. F, where the Supreme Court, following its precedent in OBI v. INEC & ORS. (2007) LPELR – 2434 SC had reasons to determine from when, the tenure of a democratically elected governor, commences. And so on, and so forth.
2.3. I have also reached the above conclusion, i.e., that the Judiciary has performed creditably, when the following factors militating against its effective delivery of justice in Nigeria are considered.
a) Infrastructure Deficit:
It goes without saying that our justice delivery mechanism suffers inadequate infrastructure, including law enforcement agencies, correctional facilities, courts, legal professionals, and support services. This often results in overcrowded courts, lengthy delays, and limited access to justice for marginalized communities.
For instance, the number of Policemen in Nigeria falls far below the ratio of 1 Policeman to 450 civilians recommended by the United Nations. Similarly, the number of correctional facilities compared to suspects and the number of awaiting trial inmates are incredibly high.
It is a notorious fact that Judges and Magistrates who are critical stakeholders in our justice delivery system often sit under leaking roofs, in poorly lit courtrooms, in stuffy courtrooms, in rented halls, while also taking notes in long hands, with no verbatim recorders or retrofitted machines, among other such poor state of infrastructure. In fact, it was reported in National Dailies recently that the Chief Judge of Ekiti State, justice Oyewole Adeyeye escaped death by the whisker when a section of the State High Court complex collapsed on him while in office.
The Honourable Chief Judge was injured in the incident. We are grateful that his life was not lost in the process. The incident is a sad reflection of the deplorable state of infrastructure in most court buildings in Nigeria and the pitiable state of facilities available to court officials and users in the country. Nigeria boasts of some of the best judicial officers and lawyers in the world, but the same cannot be said of court facilities across the country. For effective dispensation of justice, court facilities including courtrooms, offices, Judges/Magistrates’ chambers, toilets, libraries, electricity, etc., are necessities.
All these are lacking in most states in the country. It is also on record that the country can only boast of about 1,200 judges in our superior courts. This is grossly inadequate for a nation of over 200 million citizens. It is also auspicious to note that, of these 1,200 Judges, over 400 of them were pulled out to adjudicate in the just concluded Election Petition Tribunals for the 2023 general elections. This means that all these courts were shut down for almost one legal year. This disruption is unimaginable! It is also noted that before the election, over 4,000 pre-election matters were instituted from the Federal High Court of different divisions all the way to the Supreme Court. The Judges are naturally and consequentially overburdened by the workload!
b) Inadequate and obsolete legal frameworks: It is a glaring deficiency that most of our Rules of Court are deficient and obsolete.
They are often unable to cope with and adapt to the demands of the 21st Century. For instance, our Law of Evidence, and Criminal Procedure Law, among others, were not reviewed for more than thirty years after adoption from Britain until 2011 and 2015, respectively. Indeed, in my view, they are already due for review now.
The Rules of Court of some States have never been reviewed from inception to date. The most disturbing is our Constitution, which allows all manners of appeal to the Supreme Court. How is itthat land matters, family disputes, customary or Sharia law-related matters, simple issues of assault, or what the Police call “two fighting”, landlord-tenant matters, divorce, etc., go as far as the Supreme Court?
There is no doubt that in most countries, the apex court is a policy court and should certainly not be burdened with such matters that are not of constitutional importance to our democracy.
c) Resource Constraints:
This is one of the major factors militating against an efficient and effective justice delivery system in Nigeria. Poor funding, no doubt, hinders the smooth functioning of the justice delivery system. Insufficient funding leads to understaffed courts, poorly equipped facilities, and inadequate training for judicial personnel.
The budget for the Judiciary is incredibly low in comparison with the other arms of government. The same can be said of both the Police and the Prisons. However, the query has continually been raised in some quarters about the effective and accountable use of the allocated budget to these sectors on an annual basis. Some have wondered whether the reported budgetary allocation of about One Hundred and Ten Billion Naira for the Judiciary, has been effectively, judiciously, andtransparently utilized. In fact, the expenditure of the Judiciary has been said to be shielded from public scrutiny.
 d) Corruption and Political Interference: Corruption and political interference pose significant challenges to the administration of justice in Nigeria. Judicial bribery and political manipulation undermine the independence and impartiality of the Judiciary, thereby eroding public trust and confidence in the justice delivery system. Corruption in the Nigerian judiciary poses a significant threat to the administration of justice, democratic governance, and the Rule of Law. Addressing this pervasive problem requires concerted efforts to strengthen judicial independence, enhance transparency and accountability, implement judicial reforms, strengthen anti-corruption institutions, and promote civic engagement. Political interference is an aspect of corruption and it can easily be traceable to the mode of appointment of our Judges.
There is no doubt that the political system and/or politicians play pivotal roles in the appointment of our Judges. He who pays the piper calls and/or dictates the tune. It is not uncommon for interested applicants to lobby the Executives at both the State and Federal levels. In addition to this, the bulk of allowances and capital votes of the Judiciary are at the beck and call of the Governors.   e) Legal Pluralism:
The uniqueness of our diversity as a nation with over 250 ethnic groups and many religious groups such as Christianity and Islam, also has its drawbacks. The demonstration of this is exhibited in the existence of both the traditional and customary legal systems, coexisting alongside the formal legal frameworks. While legal pluralism can enrich legal traditions, it also creates complexities and inconsistencies in the administration of justice, particularly concerning the recognition and enforcement of rights.
f) Access to justice:
Access to justice remains a major challenge in Nigeria, particularly for marginalized groups such as women, children, persons with disabilities, and rural communities. Barriers such as geographic remoteness, language barriers, lack of awareness and affordability impede access to legal remedies and redress.
g) Delays and backlog:
When justice is delayed, the potential that justice will be denied is very high. In other words, the possibility of the expected benefit being dissipated due to delayed justice is real, thereby making the efforts to seek justice a mere academic exercise. The backlog of cases in our courts not only delay justicebut also undermines public confidence in the legal system: An inefficient and ineffective justicedelivery system brings about delays in dispute resolution and thus denies citizens their right to a speedy dispute resolution and also largely responsible for backlogs and congestions in our cases.
h) Recruitment/Appointment of Judges:
This is a major issue in the justice delivery mechanism of our Nation. Of late, the appointment procedure has been criticized for some reasons. It is in the public domain that the procedure appears to be tainted with undue influence by powerful members of our society. The appointment to appellate courts, too, has not been problem-free. The argument has been whether the exercise should continue to be seen as a promotion from a High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court? Or that the appointment should be merit-based? Of course, it is without gainsaying that getting the appointment procedure wrong has a devastating and catastrophic adverse impact on the effective, efficient, and transparent justice delivery system.•Mazi Afam Osigwe, SAN.
2.4. From the above, there is no gainsaying that our justicedelivery system is plagued with some challenges that urgently call for attention and institutional reform. The multifarious challenges facing our justice delivery system can be traced to socioeconomic, political, and cultural factors among others. Of course, multisectoral efforts in different dimensions have been explored to find a lasting solution to some of the challenges bedevilling our justicedelivery system. It is an ongoing exercise and all stakeholders are enjoined to sustain the tempo.
3.0. RESETTING STANDARDS:
3.1. Billian Promise Agunia suggests the way out of the identified problems besetting the Judiciary. I endorse his views, as follows:
THE WAY OUT.
“The inadequacies that exist within the Nigerian Legal System entirely mock the existence of effective legal operations. As Nigeria moves from different layers of legal development to another, challenges also advance to obstruct the flow of justice.
These challenges are not such that cannot be truncated; therefore, there are certain common but neglected instruments to be adopted in order to improve the justice system of the country.
1. “The independence of the judiciary provided for in the constitution should be adhered to stricto sensu, thereby addressing the various problems analysed in its four elements in this work. Its practical existence will create an inbuilt confidence in the judiciary as the last hope of every person.
2. “Court orders and constitutional provisions should be treated with sanctity and extreme enthusiasm. The law is a respecter of no man and does not aid the hands of corrupt men. Those who disobey court orders should be brought to book so as to imprison its subsequent occurrences.
3. “The criminal justice system of Nigeria needs an urgent reconstruction. The constitutional rights of suspects and accused persons should be given a backbone. Strategic platforms should be made for prison management and quick trial of accused persons. This begins from having the right people in the police force, equipping them, and giving them befitting remuneration.
4. “Nigeria is one of the jurisdictions in the world that has good and democratic laws. So, we are not devoid of laws; rather, it is the implementation of these laws. Thus, law enforcement agents have to appointed and supervised without sentimentality. And their functions and activities have to spin fairly from the ordinary citizens to the very lawmakers because everyone is equal before the law.

5. “There has to be personnel and infrastructural improvement throughout the law faculties and law campuses across the country. More of them should be established in order to accommodate the vast population of Nigerians who desire to be in the legal profession. Also, the remuneration of the lecturers should be one of the major focuses.”
3.2. In the foregoing premise, I propose the following:
a) The strengthening of Legal Institutions:
There is an urgent need for us to put in place the necessary mechanism to enhance the administration of justice by investing in the capacity-building of legal institutions, including courts, law enforcement agencies, and legal aid organizations. This includes recruiting and training qualified personnel, improving infrastructure, and promoting professional ethics and integrity.
There is therefore no doubt that strengthening our legal institutions is pivotal to an effective and efficient justice delivery system, which will in turn promote a timely, expeditious, fair, and accountable justice delivery mechanism. It is of note that judicial integrity is sine qua non to any justice delivery system in the World. Hence, the low public perception of the Judiciary requires urgent attention. Indeed, justice is rooted in impression. It is equally imperative for legislative intervention. For instance, there may be the need to create specialized courts such as constitutional courts.
The perennial problem of trapping hundreds of our judges in election petition tribunals for almost a whole legal year is unhealthy for the justice delivery system that is already struggling. With the establishment of such specialized courts, the Judges engaged in such assignments will be free to continue with their normal assignments in their respective courts.
b) Promoting Legal Education and Awareness: Increasing legal literacy and awareness among the populace is essential for empowering individuals to assert their rights and navigate the justice system effectively. Legal education programs, community outreach initiatives, and public awareness campaigns can help demystify legal processes and promote a consciousness of accountability to citizens’ constitutional rights.
c) Strengthening Judicial Independence:  Safeguarding judicial independence is crucial for upholding the rule of law and ensuring impartial adjudication, which lies at the heart of the fair and transparent justice delivery system anywhere in the world. Nigeria must enact legal reforms and institutional safeguards to protect judges from political interference, intimidation, and undue influence, thereby bolstering public trust in the judiciary. This is not to state that Judges should be made to be above the law but they should be put in such a condition to enable them to do their job without fear even though in an accountable manner. In addition to the above, there may be an urgent need for legislative intervention to strengthen the National Judicial Council to review the process of appointment and elevation of Judges, in a way and manner that will make the process more merit-driven. The recent constitutional amendment increasing the age of Judicial officers has generated diverse opinions. While some share the view that it will be helpful in our justice delivery system, others think otherwise. It would appear that the impact on the justice delivery system is a grey point and time will tell. This is given the surrounding circumstances under which our judges operate. It is certainly not the same with other judicial systems, where their judges serve till 70 years of age or more or even for life.

d) Promoting Alternative Dispute Resolution:
Embracing alternative dispute resolution mechanisms, such as mediation, arbitration, and traditional justice systems, can complement formal legal processes and facilitate the timely and cost-effective resolution of disputes. These mechanisms can also promote community cohesion and reconciliation, particularly in culturally diverse societies like ours. For instance, traditional justice systems offer a range of benefits that complement formal legal frameworks and contribute to the overall well-being of communities.
From preserving cultural heritage to promoting inclusivity, restorative justice, accessibility, and social cohesion, these systems play a vital role in maintaining peace and harmony within societies. While challenges and limitations may exist, recognizing and harnessing the strengths of traditional justice systems can enhance the effectiveness and legitimacy of justice delivery mechanisms by ultimately fostering sustainable and peaceful coexistence.
4.0. RETHINKING JUSTICE:
4.1. The world over, it is the desire of every society to attain justice. The Supreme Court recognized its role in this regard when in the case of NISCHAZWAWA LTD. v. JETHWANI (1984) 12 SC p. 234, it held that:
“The purpose for which this court exists is to do justice to the parties by hearing their cases and deciding their rights on merits. Consequently, in cases where strict adherence to Rules will clash with this fundamental objective, the court will adopt a liberal interpretation of that Rule.”
And in the case of EDUN v. ODAN COMMUNITY (1980) 1 S.C. p. 103, it held that:
“The Court of last resort will indeed do justice by procedure laid down by the law and constitution. The moment a court ceases to do justice according to law and the procedure laid down for it, it ceases to be a regular court and becomes a kangaroo court.”
4.2. In the foregoing decisions of the apex court, we find some pathways to rethinking justice and its delivery, in Nigeria. The first is that there must be just laws. This is because, justice is often dispensed in accordance withlaw. As we know, the function of law is to regulate society.
Therefore, law must be fashioned towards creating a society of its dreams and same must put into consideration existing cultural values, without which a form of conflict of interest could result, causing anarchy and acrimony that may disintegrate the fabric of social existence in such society. This is why every law that must generate impact must arise from the people’s culture and not a contrivance of an alien culture, or an elitist package driven by elitist political class.4.3. Second, there must be just, judicious and impartial Judges to administer the laws. As stated by his lordship, Uwaifo JSC, “A corrupt judge is more harmful to the society than a man who runs amok with a dagger in crowded street”.
As such, the selection process for our judges must be such that produces just, judicious and impartial Judges. We know that: “…by virtue of his position as an impartial arbiter, a trial Judge has the sacred duty of determining disputes between parties not only speedily and efficiently but in a manner that ensures even-handed justice to both sides. The adage is that justice must not only be done it must manifestly be seen to have been done, A judge is expected to consider the evidence led by all the parties before him and determine in whose favour the imaginary scales of justice tilt. In the conduct of proceedings, he must be seen to be fair to both sides.” – per Kekere-Ekun JCA (as he then was) in the case of ATOBATELE & ORS v. FASERU & ORS (2012) LPELR – 9305 CA.
4.4. Third, the executive arm of government must be made to observe the Rule of Law. The Judiciary has a big role to play in this regard as they must not shy away from holding the executive arm of government to accountwhen the occasion demands. The independence of the judiciary should also be secured. One way of achieving this end is by ensuring that funding for the Judiciary is not at the whims and caprice of the executive.
4.5. Fourth, access to court and justice must be made easier.Impediments to justice like delays, cost of litigation, complex legal rules and procedure, lack of awareness and legal knowledge must be checked. In this regard, technology should be embraced. The role of technology in improving access to justice and promoting justice reforms in Nigeria is crucial and multifaceted. Technology offers innovative solutions to long-standing challenges within the justice system, such as inefficiencies, limited access, and procedural complexities.
By using digital platforms, mobile applications, and data analytics, technology can make justice processes more accessible, transparent, and efficient. One of the ways Technology is transforming the justice sector is by improving access to legal information and services. Various platforms offer legal advice, document preparation, and case management services, which significantly reduce barriers to justice, particularly for those in remote or underserved areas. Moreover, technology can enhance case management and court administration through digital filing systems, online dispute resolution (ODR) platforms, and case tracking systems. These tools streamline court procedures, reduce delays, and increase transparency, thereby improving the overall efficiency of the justice system and the experience for those seeking justice. Technology also plays a pivotal role in justice reforms by facilitating evidence-based policymaking.
4.6. Through data analytics, it is possible to identify system bottlenecks and inefficiencies, inform targeted reforms, and monitor the impact of these changes over time. This evidence-based approach is crucial for developing sustainable solutions to systemic problems within the justice system. Leveraging technology can enhance the efficiency, transparency, and accessibility of justice systems in developing nations, Nigeria inclusive.
Digital court management systems, online dispute resolution platforms, and mobile legal aid services can help streamline processes, reduce case backlogs, and expand access to justice, particularly in remote areas. Shockingly, lawyers often travel both by road and by air only for them to be informed that the court is not sitting due to foreseeable reasons, such as “my Lord is attending a conference” my Lord is out of town, etc., and in the case of appellate courts, to be told that quorum cannot be formed among other excuses. All these are no doubt avoidable by using an integrated technology platform at little or no cost.
Save for the cost of data, WhatsApp messages are almost free, different emails are free; and all the available social media platforms can be put to great use for effective communication to enhance service delivery at reduced cost. Through an AI-powered chatbot, instant legal information, guiding users through basic legal queries instantly, guiding users through legal concepts and procedures among others are accessible, free, and available 24/7.
4.7. I am not oblivious of the important role of electricity in the use of technology. It is not hidden that the power sector is facing a lot of challenges which seems to have defied solutions. It is hoped that the current effort by the government will yield positive results so that our judicial system can take maximum benefit of technology. Power is very key to technology and I am happy that the current administration appears to be ready to confront the challenges in the sector frontally.4.8. Funding and conditions of service for judicial officers: Consistent with global best practices, one of the potent ways to entrench an effective and efficient justice system is to ensure adequate funding for the judiciary by way judicial autonomy. It is not in doubt that the Constitution of the Federal Republic of Nigeria, 1999 (as altered) makes clear provisions on the funding of the judiciary. One of such constitutional provisions which enshrines the judicial autonomy of the Nigerian Judiciary is Section 81(3) of the Constitution which provides that: “The amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the States under section 6 of the Constitution.”
4.9. The above constitutional provisions, including section 84 thereof are designed to ensure the independence of the judiciary for an efficient dispensation of justice. It is however regrettable that since return to civil rule in 1999 and the coming into force of the extant Constitution of the country, successive governments at the centre have turned blind eyes to the above sacrosanct constitutional provisions, thereby contravening with impunity, the Supremacy provision of Section 1(1) of the Constitution and shying away from the compelling need for a self-sufficient and independent judiciary. The sad reality is that our quest to attain an effective and efficient justice system will remain a mirage, if we continue to operate a system of government where the judiciary remains reliant on the executive for funding. However, in fairness to the present administration, we must commend the President and the Honourable Attorney General of the Federation and Minister of Justice, for the proposed upward review of the remunerations of judicial officers in the country. We also urge that this laudable step taken by the Federal Government be sustained in such a manner that there should be periodic review of salaries of judicial officers to meet the prevailing economic realities of the time.4.10. Fifth, we must develop a system that promotes access to justice for all members of society. This includes ensuring the affordability of legal services and it also addresses barriers such as language, literacy, and geographical location. Legal aid programs, pro bono services, and community-based legal clinics are examples of initiatives that can help bridge the gap and provide assistance to those in need.
4.11. Sixth, the system must be such that is amenable to the need for continuous improvement and adaptation to changing societal needs and values including the flexibility to accommodate global best practices across the civilized nations of the world. This requires a commitment to ongoing reform and innovation, as well as a willingness to learn from best practices and experiences from around the world. By embracing a culture of learning and openness to new ideas, justice systems can evolve and strengthen over time.
This is in view of the reality of the interconnectivity of the global village, that we do not have to reinvent the wheels. In many Commonwealth countries, we share similarities in legal systems and indeed, many of our stakeholders in the justice industry are trained in England and other Commonwealth countries. This is in addition to the fact that many legal instruments particularly in the commercial world have been developed for ease of adaptability by global industry players such as the World Bank, IMF, World Trade Organisation, Organization for Economic Cooperation and Development (OECD), and United Nations among others.
4.12. Seventh, stiff punishment for unwholesome practices: Proceedings and Directions of the Legal Practitioners’ Disciplinary Committee (LPDC). Bearing in mind that, as enabled by the Legal Practitioners Act and the Rules of Professional Conduct for Legal Practitioners, the paramount objective for the proceedings and Directions of the Legal Practitioners’ Disciplinary Committee is deterrence, there is a need to review the relevant provisions of the Legal Practitioners Act so as to prescribe stiffer punishments for legal practitioners whom the Disciplinary Committee found to have contravened the hallowed Rules of Professional Conduct. In this regard, it is recommended that “admonition” as a form of punishment should be deleted from the Act such that no matter how repentant or remorseful an erring lawyer may appear during proceedings before the LPDC, upon finding merit in the Petition before it, the least punishment that should be imposed by the Disciplinary Committee is suspension of the erring lawyer from legal practice for a period of not less than one year. The above recommendation becomes imperative because a reading of the Legal Practitioners Act, particularly Section 12 thereof and the Directions of the LPDC over the years shows that the Disciplinary Committee exercises wide discretionary powers while administrating punishments to erring lawyers, which in some cases, results in a “go home and sin no more” outcome.4.13. The recommendation that admonition as a form of punishment for erring lawyers be expunged from the Legal Practitioners Act is founded on the premise that professional ethics for legal practitioners are deeply rooted in public policy. Admittedly, public policy is an unruly horse to ride; but if the standards for legal practice in Nigeria and the performance of our justice system are to be developed in accord with global best practices, it must not be too liberal in its approach. Thus, in a chapter of the law so intimately associated with administration of justice as professional conduct for legal practitioners, it must not be pedestrian or give room for recidivism.Further to the above, besides the publication of the Directions and Rulings of the LPDC in the Nigeria Weekly Law Report, there is a need for wider publication of the Directions of the Committee so as to keep lawyers abreast of the numerous punitive decisions of the Committee, and in turn, shape professional conducts of legal practitioners and deter further   contraventions of the rules of professional conduct.
4.14. There is also a need for mandatory continuous education for lawyers especially in a rapidly changing world. This is to bring lawyers in tandem with current trends such that those in practice will be aware of what is expected of them. Such an initiative can be handled by the National Judicial Institute [NJI] in conjunction with the Body of Benchers and the Nigerian Law School. Surely, lawyers need to update their knowledge. After all, Judges always go through several programmes organised by the courts and NJI among others.
4.15. Frivolous Suits and applications in courts: There should be no place in our courts for frivolous suits such as suits that are not supported by any law and suits in respect of which there is at least one subsisting decision of an appellate court (most especially the Supreme Court)ousting the jurisdiction of all courts in the land to entertain the subject matter of such suit. Frivolous applications which are in most cases, filed mala fide by lawyers to clog expeditious determination substantive suits should also be sternly frown upon and discouraged by the courts. In this regard, since frivolous suits and frivolous applications are laced with abuse of court and judicial process, the courts should not merely strike out such processes, but dismiss same with substantial and punitive cost awarded against the lawyer who signed the frivolous court process or appeared in the matter. In cases where the court process found to be frivolous was signed by a lawyer of ten years post call, beyond dismissing the ill-fated process and awarding punitive cost against Counsel, the court should commit such lawyer for contempt in facie curiae.
4.16. Scheduling of causes: In view of the large number of cases pending in our courts and the need for speedy dispensation of justice, it is recommended that all courts in the country, particularly the superior courts of record, commence scheduling of matters in their cause lists on each adjourned date. In this regard, such sensitive cases as criminal matters and Fundamental Rights applications should be attended to first by the judge. Thereafter, all other matters on the cause list should be attended to in order of the year each was instituted. To realise this without hitches, one of the privileges enjoyed by Senior Advocates of Nigeria in all tiers of our courts which include calling matters in which learned Silks appear as Counsel out of turn should be reviewed, so that only causes and matters coming up for interim or interlocutory applications in which learned Silks are Counsel, will be called out of turn. In any event, if scheduling is fully implemented, it will take care of the problem of mentioning cases out of turn. Each matter will be allotted a specific time.4.17. Frivolous applications for adjournment: There should be express provision in the Rules in all tiers of our courts that in every matter before the courts, Counsel shall be entitled to not more than two adjournments before judgment is delivered in the case. Every application for adjournment must be filed and served on all parties in the matter not later than two clear days before the date the matter is slated to come up before the court, and such application if found to be frivolous, must be refused by the court.
4.18. Non-contentious applications: Irrespective of the subject matter of the case before the court, all non-contentious applications before all courts in any civil or criminal proceeding should be taken in Chambers, and not in the open Court. Non-contentious applications in this regard include Ex parte applications and every Motion on Notice to which none of the respondents thereto has filed any process in opposition and the time within which they are to file same has lapsed without any application for enlargement of time pending in the court’s file.
4.19. Applications under the Slip Rule: Any application to the Supreme Court of Nigeria for the invocation of its power of review under the Slip Rule should not be abused by lawyers. To eschew such abuse, there is a need to amend Order 8 Rule 16 of the Rules of the Supreme Court Rules, 2014. It provides as follows:
“The Court shall not review any judgment once given and delivered by it save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the Court decided nor shall the operative and substantive part of it be varied and a different form substituted.”
4.20. It is contended that the clause “or to vary the judgment or order so as to give effect to its meaning or intention” should be deleted from the above provision of the Supreme Court Rules, so as to discourage unnecessary applications to the apex Court seeking a review or variation of its clear and unambiguous judgments under the guise of applications brought pursuant to the Slip Rule. Thus, the apex Court should exercise its power to correct clerical errors or mistakes arising from accidental slip or omission only in cases where, after the delivery of the judgment, no event has occurred and nothing has intervened to make it inequitable to apply the Slip Rule. Any other issue not within that narrow compass should not be permitted under the Slip Rule, since the judgment of the Court would then have represented what the Court decided and any alteration or variation would be a variation of the substantive part of the judgment.
It follows therefore that save where in deserving circumstances, the Supreme Court is urged to overrule itself in a later case different from the earlier one sought to be overruled, the Court should not entertain or countenance any application for review or variation of any of its judgment once delivered.5.1. CONCLUSION:
5.2. The justice delivery system of our Nation as inherited from Britain has come a long way, weathered the storm and it has started to give way in the face of the socio-economic and cultural dynamics. This is despite a series of efforts to keep it up and running.
This notwithstanding, it has become imperative to put appropriate mechanisms in place to enhance our justice delivery system among which are measures to streamline court procedures to enhance judicial efficiency, and coordinated investment in the modernization of our policing and court systems with adequate infrastructure and technology.
Additionally, there should be an increase in the number of policemen, judges, and correctional facilities personnel to alleviate the burden on the existing justice delivery system. Furthermore, there is a pressing need to promote access to justice for all Nigerians, irrespective of their socio-economic status.
The high cost of legal representation and court fees often serves as a barrier to justice for many citizens. To address this, initiatives such as legal aid programs, proven traditional methods of adjudication and pro bono services should be expanded to provide legal assistance to those in need. Additionally, alternative dispute resolution mechanisms, such as mediation and arbitration, should be encouraged to resolve disputes in a timely and cost-effective manner.
5.3. To enhance transparency and accountability within the justice system, measures should be implemented to combat corruption and ensure the integrity of judicial processes. This includes strengthening mechanisms for the investigation and prosecution of corrupt practices within the Police, the judiciary, and the prison system, as well as promoting a culture of ethical conduct and professionalism among justice delivery stakeholders.5.4. Moreover, there is a need to promote public awareness and education about the legal rights and responsibilities of citizens. This can be achieved through civic education programs, community outreach initiatives, and the provision of accessible legal information and resources.An efficient and effective justice delivery system that is in tune with global best practices, and founded on principles of equality, transparency, accountability, efficiency, accessibility, and adaptability is vital to the advancement of our democracy and the protection of fundamental rights and freedoms. By upholding these principles, nations can ensure that their justice systems serve as pillars of democracy, safeguarding the rights and liberties of all individuals.
5.5. There is no doubt that the mechanics of justice delivery, in our Nation face multifaceted challenges, but it is also noted that the challenges present opportunities for reform and improvement. By addressing issues as highlighted above, our dear Nation can build robust and inclusive justice systems that uphold the rule of law, protect human rights, and promote socio-economic development.
To achieve this laudable target, collaborative efforts involving governments, civil society organizations, the legal profession, and the international community are essential for the advancement of a robust and efficient administration of justice delivery mechanism.
5.6. It is thus my sincere hope that our government, law enforcement agencies, judiciary, civil society, and citizens will come together to drive forward meaningful reforms that will ensure a fair, efficient, and inclusive justice delivery system in our society. Thank you for listening to my perspectives on these important issues. It is my earnest desire to see positive strides toward the renewal of our administration of justice and justice delivery system as well as the attainment of a new Nigeria for all.