By Chris A. Umar, SAN.
•Chris A. Umar, SAN, is the former Solicitor General of Kaduna State; delivered this Keynote, reproduced with minor editorial changes, at the 2024 A2J Parley of the Public and Private Development Centre (PPDC) on the 20th of November 2024 at A-Class Event Centre, Maitama, Abuja.
He can be reached via email at chrisumarsanandco@gmail.com
Preliminaries.
With less than a decade to the global 2030 promise of achieving the United Nations Sustainable Development Goal 16.3 on equal access to justice for all, the theme for this year’s gathering is both timely and essential. A few years ago, in his report “Our Common Agenda”, the UN Secretary-Generalpresented his agenda for the tremendous challenges the world is facing as the UN celebrated its 75th anniversary. He madetwo important observations: a general one and one relating specifically to justice. He noted that while the 2030 agenda promises to provide access to justice for many, justice systems deliver only for the few.
As we interact with Nigeria’s legal and judicial systems, the need for effective, innovative, and inclusive reforms is more pressing than ever. The Nigerian justice system, with all its potential, faces significant challenges that hinder its accessibility, fairness, and efficiency. Yet, these challenges also present opportunities to explore new ways of thinking, leverage cutting-edge technology, and engage diverse voices to create a system that truly serves all Nigerians.
Today we explore critically what it means to transform justice in Nigeria in a manner that aligns with the principles of equity, innovation, and sustainability. We will hear from thought leaders, policymakers, technology experts, and advocates who are at the forefront of this reform journey.
I stand before you with immense pride and anticipation for what this parley will achieve. Our discussions, collaborations, and shared visions have the power to catalyse meaningful change that goes beyond rhetoric and into actionable pathways.
Today, we are not just participants; we are co-creators of a future where justice is not a privilege, but a guaranteed right for every citizen of this great nation.
As we embark on this significant endeavour, I invite each of you to approach the sessions with an open mind, ready to contribute, challenge, and champion ideas that will help shape the justice system we all envision.
With that, let us begin this impactful journey together. Welcome once again to the 2024 Access to Justice Parley.
Contextual Background.
To fully grasp the need for advancing effective, innovative, and inclusive justice reforms in Nigeria, we must first understand where we currently stand and what has brought us to this pivotal moment. The Nigerian justice system, while grounded in a robust constitutional framework and rich legal traditions, has faced enduring challenges that impede its functionality and fairness.
The Justice Needs and Satisfaction survey carried out in 2018 across 18 states from the six geo-political regions of the country disclosed that there is a significant justice gap in Nigeria, with too many people across the country unable to prevent or resolve their most pressing justice needs. Kaduna State was one of the states that participated in the survey, and the results are almost similar across the country.
The survey revealed that after facing a legal problem and on being faced with the choice to take action towards resolution or let the problem go, only about 52% proceed with action.
Over the past decades, efforts have been made to improve judicial processes and access to justice for all Nigerians. Various legislative reforms, policy initiatives, and collaborative projects have aimed to reduce the backlog of cases, enhance transparency, and improve the quality of legal services.
The Administration of Criminal Justice Act (ACJA) of 2015, for instance, has been a milestone in modernizing criminal justice administration, emphasizing the rights of defendants and efficient case management.
Despite these efforts, substantial challenges remain. Persistent delays in court proceedings, case congestion, and limited access to legal representation continue to erode public confidence in the judiciary.
According to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, as of the first quarter of 2024, there was a total of 243,253 cases pending in our superior courts of record, exclusive of the Supreme Court.This total is comprised of 199,747 civil cases and 43,506 criminal cases, leaving many citizens awaiting justice for prolonged periods. This state of inefficiency disproportionately affects vulnerable populations who lack the resources to navigate our complex legal system.
Access to justice in Nigeria is unevenly distributed, with rural and marginalized communities experiencing significant barriers.
Factors such as poverty, illiteracy, and a lack of awareness of legal rights exacerbate these challenges. Women, ethnic minorities, and people with disabilities face additional discrimination and hurdles, making inclusive reforms a necessity rather than a mere aspiration.
The geographical distribution of courts and legal services also poses a critical issue. With more than half of the nation’s legal infrastructure concentrated in urban centres, millions of Nigerians are left without timely access to justice. This scenario not only undermines trust in the judicial system but also perpetuates cycles of inequality and disenfranchisement.
It is essential to acknowledge that there has been some successes in the pursuit of justice reform. The introduction of technology in court administration—such as online filing systems and the adoption of video conferencing for virtual hearings during the COVID-19 pandemic—show such promise.
However, these innovations remain inconsistently implemented and often limited to higher courts, sidelining the lower courts that serve the majority of the population.
Additionally, partnerships with civil society organizations (CSOs) and international development agencies have catalysed awareness programmes, legal aid services, and community mediation centres aimed at improving access to justice. Yet, these initiatives are frequently hampered by funding constraints, inadequate government support, and limited reach.
To illustrate these realities, we can consider two recent examples:
1. Prolonged Pre-trial Detention: As of November 11, 2024, 67% of inmates in the Nigerian Correctional Services are awaiting trial.
The slow pace of judicial proceedings leaves individuals in a state of legal limbo, impacting their rights and well-being. Such situations highlight the urgent need for streamlined case management systems and effective use of alternative dispute resolution (ADR) mechanisms to ease the burden on courts.
2. Limited Legal Representation: Legal aid, though recognized as a right under Nigerian law, remains under-resourced and insufficiently widespread. The Legal Aid Council of Nigeria and the Law Clinics, despite their commendable efforts, struggle to meet the demand for free or affordable legal services due to budgetary and operational constraints.
The challenges outlined also pave the way for transformative reforms. Embracing technology, promoting partnerships between government and private entities, and committing to people-centred approaches can significantly alter the trajectory of Nigeria’s justice system.
Pillars of Effective Justice Reforms.
The task of advancing effective, innovative and inclusive reform requires multifaceted efforts for which providing a closed-ended list is hardly possible, it suffices to posit here that every such effort must be geared towards the accomplishment of these pillars. As we turn our focus to what constitutes effective justice reforms, it is vital to understand these foundational pillars that support a robust and equitable legal system.
In the context of Nigeria’s pursuit of justice that is efficient, fair, and accessible, these pillars serve as guiding principles for meaningful and sustainable transformation.
Accessibility and Affordability of Justice.
The first pillar of effective justice reforms is ensuring that justice is both accessible and affordable to all members of society. This means breaking down the barriers—be they financial, geographical, or linguistic—that prevent individuals, particularly those in marginalized or rural communities, from engaging with the judicial system. Accessibility involves simplifying court procedures, expanding the reach of legal aid services, and ensuring that courts and legal information are available in multiple languages and formats.
Affordability is equally critical. Legal costs can be prohibitive for many Nigerians, limiting their ability to seek redress. Effective reforms must address the financial burden by increasing state support for public legal aid programmes and fostering partnerships with non-governmental organizations (NGOs) and community-based legal services. These measures ensure that justice is not a privilege, but a right that is within reach for every citizen, regardless of their socio-economic status.
Efficiency in Case Management and Resolution.
The second pillar is the efficiency of the judicial process. Effective justice reform necessitates the adoption of streamlined case management practices that reduce delays and eliminate case backlogs.
This includes the use of digital case management systems that track progress, set timelines, and ensure accountability among judges and court staff.
Moreover, embracing alternative dispute resolution (ADR) mechanisms—such as mediation, arbitration, and conciliation—can significantly ease the burden on the courts. ADR offers a faster and often more cost-effective means of resolving disputes, allowing formal court systems to focus on cases that require full judicial intervention. Efficiency also implies adopting performance metrics and continuous training for judicial officers to maintain high standards in the administration of justice.
Transparency and Accountability.
Transparency and accountability are core elements of an effective justice system. Without them, public trust erodes, and the perception of justice becomes tainted by corruption and bias. Effective reforms must enforce strict codes of conduct for judges and court officials and promote oversight mechanisms that hold them accountable for their actions.
Technological tools can play a pivotal role in enhancing transparency. Digital court records and open access to judicial decisions promote public scrutiny and build confidence in the system. Transparency also involves citizen engagement—creating platforms for public feedback, holding judicial town halls, and ensuring that information on legal rights and court procedures is widely disseminated.
Human Capital Development.
No reform can be effective without the investment in human capital. This pillar focuses on the continuous education and professional development of judicial officers, court staff, and legal practitioners. Legal practice is quickly changing, and so must the skills of those who operate within it. Training programmes should not only cover legal updates but also emphasize soft skills such as empathy, communication, and cultural competence to better serve diverse communities.
Human capital development also entails fostering an environment where young legal professionals are encouraged to innovate and contribute fresh perspectives.
By doing so, the justice system becomes more adaptive and resilient, capable of meeting the demands of modern society.
Technological Integration.
The integration of technology is a cornerstone for effective justice reform. The digital era offers tools that can revolutionize the way justice is administered. From online filing systems to AI-driven data analysis for predicting case outcomes and prioritising caseloads, technological integration leads to quicker, more accurate, and more accessible judicial processes.
For Nigeria, leveraging mobile technology is particularly relevant, given the high mobile phone penetration rate across the country which stands at 91% in January 2024. Mobile apps that provide legal information, updates on court cases, and access to legal aid services can bridge the gap between the formal judicial system and the public.
Inclusivity and Social Equity.
Finally, effective justice reform must be inclusive and promote social equity. This pillar ensures that reforms are designed with the input of a wide range of stakeholders, including women, youth, people with disabilities, and minority communities. Inclusive reforms mean that policies and initiatives are crafted not only for but also with the people they aim to serve. This collaborative approach helps in identifying specific community needs and implementing tailored solutions that promote fairness and prevent discrimination.
Social equity in justice reforms also means taking active measures to address systemic biases that affect judicial outcomes. This can involve training judicial officers on anti-discrimination laws, conducting regular audits of sentencing patterns, and ensuring diversity within the judicial workforce to reflect the demographics of the society it serves.
Embracing Innovation.
The topic of innovation in justice reforms is more relevant now than ever. In a world where technological advances drive our daily lives, the justice system cannot afford to lag behind. Embracing innovation means more than just incorporating new technologies; it involves a paradigm shift in how we approach problem-solving, policy formulation, and service delivery. For Nigeria, this approach is essential to overcome long-standing challenges and build a system that meets the demands of its diverse and dynamic population.
Digital Transformation of Court Systems.
One of the most powerful ways to innovate within the justice system is through digital transformation. The introduction of e-filing systems, electronic case management, and virtual courtrooms has already proven to be game-changers in many jurisdictions. These innovations allow for greater efficiency by reducing paperwork, speeding up the case review process, and allowing for more flexible scheduling. In Nigeria, the COVID-19 pandemic accelerated the adoption of virtual court hearings, which demonstrated that justice delivery can adapt to modern challenges without sacrificing procedural integrity.
To sustain this momentum, continued investment in robust, secure digital infrastructure is necessary. This includes building systems that protect sensitive information while maintaining ease of use for both legal professionals and the public. Comprehensive training programmes for judges, lawyers, and court staff should accompany these technological upgrades to ensure seamless integration into daily operations.
I must pause here to appreciate PPDC for the technology innovation so far across the pilot states, but of course, more needs to be done to make it go around and be an effective remedy to the plaguing issues.
Mobile Technology and Access to Justice.
Mobile technology eliminates any physical barriers, it thus spreads a wider net for persons in need of justice services to leverage on and doing so is in most cases cheaper. It represents an untapped potential for enhancing access to justice in Nigeria, particularly for individuals in remote or underserved areas.
With widespread mobile phone usage across the country, mobile applications can be developed to provide legal information, connect users with legal aid services, and offer updates on case statuses. Such innovations bridge the gap between the formal legal system and the everyday person, making the pursuit of justice more practical and less intimidating.
For example, mobile apps could include user-friendly guides on basic legal rights and procedures, reducing the reliance on intermediaries and simplifying the first steps in legal proceedings.
These digital solutions could extend to integrating voice recognition for illiterate users or offering translation services in local languages, thereby enhancing the system’s inclusivity.
Public Legal Education and Innovation Labs.
To foster a culture of innovation, the justice sector must look beyond adopting existing technologies and invest in continuous learning and creative thinking. Establishing innovation labs within judicial institutions and law schools can act as incubators for new ideas. These labs could bring together legal experts, tech developers, and public policy specialists to co-create solutions that address systemic issues such as case backlogs or outdated procedural laws.
Public legal education also plays a critical role. I this regard, the justice system can demystify legal processes and engage a broader audience by leveraging social media platforms, podcasts, and webinars. Innovative public outreach campaigns help build trust and empower citizens to engage more actively with the justice system.
Modernizing Alternative Dispute Resolution (ADR).
While ADR mechanisms like mediation and arbitration have long been part of Nigeria’s legal practice, there is significant room for modernization.
Online Dispute Resolution (ODR) platforms can transform how disputes are resolved, making the process quicker, more cost-effective, and accessible.
Hence, parties avoid the complexities and delays often associated with formal court proceedings by enabling people to settle disputes through secure online platforms.
Incorporating technologies like AI in ODR platforms could further streamline procedures, offering customized solutions based on the nature of the dispute. Such platforms can cater to various sectors, including family law, commercial disputes, and labour conflicts, providing tailored approaches that meet diverse legal needs.
While innovation offers tremendous potential, it does come with challenges, particularly in terms of data security, resistance to change, and potential job displacement. Addressing these challenges requires a proactive approach:
1. Data Security: Strengthening cybersecurity measures to ensure that sensitive data remains protected, fostering trust in digital tools used within the justice system.
2. Change Management: Stakeholder engagement and training programmes to help mitigate resistance by demonstrating the long-term benefits of new systems.
3. Job Displacement Concerns: It is vital to emphasize that technology should be seen as an enabler, not a replacement for human expertise. Effective communication and workforce reskilling initiatives are essential in managing this transition.
Equally important is transparency in how innovative practices are implemented. Clear policies must guide the adoption of new technologies to avoid misuse and uphold the principles of fairness and equity.
Ensuring Inclusivity in Reforms.
When we discuss justice reforms, it is imperative that inclusivity is at the heart of these efforts. Inclusivity in justice reform means that every member of society, regardless of their gender, age, ethnicity, socio-economic status, or physical ability, can fully engage with and benefit from the justice system. In Nigeria’s context, this approach is essential not just for the legitimacy of justice reforms but for fostering social cohesion and upholding human rights.
Inclusivity ensures that legal reforms do not favour one group over another and that everyone has equal opportunities to access justice.
In Nigeria, various socio-economic and cultural factors can hinder full participation in the justice system. For instance, women, particularly those in rural areas, often face significant obstacles in seeking redress due to societal norms and economic dependence.
Similarly, people living with disabilities may face physical and logistical challenges when trying to go through court processes or access legal aid services.
To create a truly inclusive justice system, reforms must address these barriers and ensure that marginalized groups are prioritized. This requires a comprehensive understanding of the unique challenges faced by different segments of society and integrating their perspectives into the reform process.
Furthermore, gender inclusivity should be a cornerstone of any reform initiative. Women in Nigeria continue to face disproportionate challenges, including domestic violence, unequal access to education, and economic disenfranchisement.
Effective reforms must take into account these realities and implement policies that protect women’s rights and promote their active participation in the legal system.
Training for law enforcement officers, judges, and lawyers on gender sensitivity can lead to more empathetic handling of cases involving women. It is not enough for reforms to be gender-neutral; they must be gender-responsive, actively working to level the playing field.
Moving forward, the youth population in Nigeria represents a significant portion of society and is essential to any conversation about justice reforms. Many young people face challenges such as unemployment, lack of access to quality education, and minimal representation in legal and policy-making spheres. Inclusive reforms must provide mechanisms that not only protect their rights but also involve them in shaping the future of the justice system.
Legal literacy programmes targeted at the youth can demystify the judicial process, enabling them to engage more effectively with it. Reforms should also create avenues for youth participation, such as advisory panels or forums where their voices can be heard on issues that directly affect them.
Marginalized communities, including ethnic minorities and economically disadvantaged groups, often encounter systemic barriers that limit their access to justice.
A truly inclusive justice system must be accessible to individuals with disabilities. Physical and procedural accessibility is crucial for people with physical, sensory, or cognitive disabilities.
Reforms should incorporate features like barrier-free court premises, sign language interpreters, and legal documentation in accessible formats, such as Braille or audio.
Additionally, training programmes for court staff and legal practitioners on how to interact with and support individuals with disabilities can foster a more inclusive atmosphere.
Technology can also play a role in enhancing accessibility; for example, digital platforms that offer voice recognition or visual aids can make it easier for disabled persons to participate in legal proceedings remotely or in person.
Community involvement is also an essential component of inclusive justice reforms. Engaging community leaders, non-governmental organizations (NGOs), and grassroots movements can help bridge the gap between formal legal institutions and everyday citizens. Such partnerships can ensure that reforms reflect the lived experiences of those most affected by legal inequities.
Community-based paralegal programmes are another effective strategy for promoting inclusivity. These programmes train local representatives to provide basic legal assistance and education to their communities. This not only empowers the community but also reduces the burden on formal legal services and increases trust in the system.
For inclusivity to be more than just an ideal, it must be embedded in the laws and policies that guide the justice system. Reforms should include comprehensive anti-discrimination laws that protect vulnerable groups from bias and marginalization. Legislative amendments that mandate inclusivity measures, such as quotas for women or people with disabilities in judicial appointments and law enforcement roles, can help create a system that reflects the diversity of the population it serves.
Policies that promote inclusivity should also be backed by robust data collection and analysis. This ensures that reforms are data-driven and that progress can be tracked, allowing for adjustments as needed. Transparent reporting mechanisms, where stakeholders can monitor and provide feedback on the inclusivity of the reforms, further enhance their effectiveness.
Strategic Partnerships for Sustainable Reforms.
To achieve sustainable justice reforms, strategic partnerships must be prioritized as essential components of the reform process. Partnerships among various stakeholders ensure that reforms are not only innovative and inclusive but also resilient and enduring.
These collaborations harness diverse expertise, resources, and perspectives to support a justice system that serves the needs of all citizens efficiently and equitably.
Strategic partnerships are vital because they pool the knowledge and skills of different stakeholders. These stakeholders may include governmental bodies, international organizations, civil society organizations (CSOs), private sector actors, and academic institutions.
Each partner brings a unique perspective and resource set that enhances the effectiveness of justice reforms. Government agencies provide authority and policy frameworks, while CSOs contribute grassroots knowledge and advocacy for marginalized voices.
The private sector can inject technological solutions and funding, while academic institutions can offer research-driven insights and innovative strategies.
In Nigeria, where justice reform faces complex challenges, tapping into this network of partnerships ensures a collaborative approach that leverages collective strengths. This reduces the risks of fragmented or poorly executed reforms and maximizes the impact of initiatives by aligning diverse goals with a shared vision of accessible and effective justice.
To make strategic partnerships effective in the long term, they must be built on shared values, mutual trust, and clear objectives.
Memoranda of Understanding (MOUs) can be established to outline the roles, responsibilities, and expectations of each partner. Additionally, regular communication and transparency among partners ensure that collaborations remain effective and aligned with the evolving needs of the justice system.
Capacity-building initiatives also contribute to sustainability. By fostering a culture of continuous learning and knowledge sharing among partners, these initiatives empower stakeholders to adapt to new challenges and maintain reform momentum. Training programmes, workshops, and policy dialogues can be co-hosted by multiple stakeholders to disseminate best practices and emerging solutions in justice reforms.
Technological advancement is a significant driver of sustainable justice reforms, and partnerships with tech firms and innovators are crucial in this regard. Collaborating with technology companies allows the justice sector to benefit from cutting-edge tools that facilitate processes such as online dispute resolution (ODR), virtual courtrooms, and AI-assisted legal research. These partnerships can bring about cost-effective solutions that enhance accessibility and streamline judicial operations.
While strategic partnerships offer significant advantages, they also come with challenges such as conflicting priorities, resource allocation issues, and accountability concerns.
To mitigate these challenges, strong governance structures and partnership management frameworks must be put in place. Establishing an independent oversight body to monitor the implementation of joint initiatives can help ensure that partnerships stay aligned with reform goals and public interest.
Effective partnerships often require supportive policy environments. Advocacy for legislation that encourages public-private partnerships and international cooperation can pave the way for smoother collaborations.
Policies that offer incentives for private sector involvement in justice reforms, such as tax breaks or public recognition programmes, can attract more stakeholders willing to contribute resources and expertise.
Call to Action.
As we reach the conclusion of today’s keynote, it is important to translate these discussions into clear, actionable steps that each of us—whether policymakers, judicial officers, legal practitioners, civil society leaders, or advocates—can take to contribute meaningfully to justice reforms in Nigeria. Change is only possible when bold steps are taken, commitments are honoured, and collaborative action becomes a priority.
In 2023, when we were working with the Hill (The Hague Institute for Innovation of Law) Transformation Lab to build a strategy document for Kaduna State on achieving people-centred justice, a three-year timeline was agreed and that step taken towards achieving that goal must be SMART, that is Specific, Measurable, Achievable, Realistic and Time-bound. Following from this, the group worked on result matrices that laid out priorities, success indicators, targets and practical ideas. I urge you to come up with yours along this SMART parameter. It’s indeed a truism that “What gets measured, gets done.”
The first call to action is a commitment to policy implementation. While we have many insightful policies aimed at reforming the justice system, the gap often lies in their enforcement. I call upon policymakers and legislative bodies to prioritize the swift enactment and enforcement of laws that advance justice reforms. Let us move from paper to practice by creating implementation roadmaps with set timelines and accountability measures.
For all justice sector stakeholders, now is the time to fully embrace technology.
The future of effective, transparent, and accessible justice hinges on our ability to integrate digital tools that can streamline processes, reduce delays, and reach more people.
Partnerships are the lifeblood of any sustainable reform. Today, I urge everyone present to seek out and strengthen collaborative networks that leverage diverse expertise and resources. Government bodies should work hand in hand with civil society, academia, private enterprises, and international organizations to create a powerful coalition for change.
A justice system that does not serve everyone equally is a justice system that fails. Inclusivity must be central to our reform efforts. Let us advocate for policies that ensure that women, people with disabilities, marginalized communities, and other vulnerable groups are not left behind.
Justice reforms cannot be sustained without public buy-in. The general public must be educated about their rights and empowered to use the justice system with confidence.
I call on legal practitioners, media outlets, and educators to play active roles in informing citizens and promoting a culture of legal awareness.
The effectiveness of any reform is only as strong as the capacity of those who implement it. Judges, lawyers, and court officials must be equipped with ongoing training and professional development opportunities to keep up with best practices, new technologies, and evolving laws.
The responsibility of advancing effective, innovative, and inclusive justice reforms in Nigeria rests on all our shoulders.
Today, I ask that each one of us take ownership of our role in this shared mission. Whether through policy advocacy, technological investment, community engagement, or grassroots education, your contribution can be the catalyst for real, lasting change.
