INTRODUCTION.
I remember, just recently, a young man in Kwara State allegedly murdered his Facebook friend. When people heard that he was to be taken to court, they said justice was never going to be served; in the end, the case would be dragged out with multifarious adjournments, and finally they would hear nothing. This particular statement brought into question the efficiency of the judicial system and the faith the common man reposes in the judiciary. So, just as it is entrenched in the law that justice delayed is justice denied, they believe that for justice to be done, it has to be swift.
It is a fundamental right under Nigerian law that every accused person shall be entitled to a fair hearing within a reasonable time as established in section 33(1) of the Constitution. Notwithstanding the nation’s aspiration for speedy justice, there have been a lot of obstacles that need to be remedied.
In Nigeria, it is estimated that two out of every five cases dismissed by the trial and appellate Court are due to minor procedural errors, and simple cases can be tried up to a period of 6–10 years. Perhaps it is high time the Nigerian judicial system adopted Lord Denning’s approach, where flexibility rules and technicalities could not defeat substance. Therefore, it is important to make procedural reforms to ensure efficiency in the justice system in forms ranging from the digitization of Court proceedings to the recording of Court hearings. In this write-up, I will attempt to suggest some procedural reforms to ensure efficiency in the justice system while keeping in mind likely challenges to the implementation of such reforms and possible solutions.
THE PAPER-BASED SYSTEM—DIGITIZATION OF THE COURT SYSTEM
A very big problem affecting the efficiency of the judiciary is that it is being manual-based. It is said that the law is like the traveller, and it must always be ready for the morrow, but it seems the Court and its parastatals are not advancing technologically, even though the world is in its 21st century. Operating on paper has drastically affected the judicial system, with the need to serve a lot of processes on parties and Courts alike. Therefore, justice is often denied, with lawyers finding excuses why their processes have not been served.
However, this situation could be salvaged if court processes are digitised. There could be a website for each Court under a bigger website for every Court in Nigeria. This would be successful, especially for the fact that we use the front-loading system. By digitisation, it would be easier for judges to access and write their judgment, which could also be pasted on the website.
A challenge that could face this reform is the computer illiteracy of some judicial officers and other workers in the court. However, through training, increased funding, and sensitization, this reform could be enforced.
PRACTICABILITY
This reform is practicable, drawing from the success of the Nigerian Weekly Law Report Online. Before, law reports were paper-based, but now they can be accessed online from each subscriber’s own comfort and with less cost. Also, over a few years now, the Courts in Lagos, Abuja, Rivers State, Oyo, and a few other states have introduced electronic filing of cases and online payment as well as virtual and remote court hearings, which have increased efficiency in the system and improved dispensation of justice. Also in the Federal High Court, Kano State Division, specifically Court 3. The presiding Judge of that Court does not write because there are tools programmed in the Court to record or capture the proceedings, which shall be transcribed into writing thereafter. Nigeria as a whole should replicate this.
IMPROVED COURT HEARING
It was a great shock for me and a great departure from my imagination when I observed court proceedings for the first time, and I realized that, even though the court has a number of cases to hear every day, the Judge has to write everything the lawyers and the witnesses say. This made the entire proceeding boring, long, and monotonous, especially for the witnesses who had a lot to say but had to be cut short every time because the Judge is recording. Also, the Judge has to reproduce everything in a written form before delivering his judgment. In Ariori v. Elemo, an action was filed in October 1960 and came up for trial; however, it was not until 1975 that judgment was finally given or delivered. The trial judge took 3 years and 7 months writing judgment.
I believe this is a very big challenge to efficient justice dispensation, and it could be remedied by replacing these manual recordings with digital recordings or stenography. Also, there are programs like the dictation software, which can generate a transcript at the time of the proceedings. This will go a great deal in accelerating court hearings.
A challenge that may face this challenge is the shortage of stenographers in Nigeria and the fact that this dictation software might press on the already underfunded judiciary.
However, this reform can still be complemented, and the challenge eliminated, if Nigeria studies the United Kingdom, which already has such arrangements and is also a common law jurisdiction and makes reciprocal steps in the Nigerian judicial system. Also, by transforming from paper-based filing, they might be able to cut costs, which would be channeled into this cause. Also, registrars of the court should be replaced or trained to be stenographers taking note of the proceedings while the Judge listens attentively.
Another challenge that may face this reform is the manipulation of technology if used. However, it is paramount that we don’t allow this fear to hold us back. Similarly, this technologies could be fortified against likely attacks or corruption due to viruses.
CASE MANAGEMENT
Another factor that frustrates efficiency in the judicial system is poor case management. Lawyers and Judges have made adjournment a norm in the judicial system as though it is the thread with which justice is woven. This unethical behavior can be resolved by means suggested by Olisa Agbakogba Legal (OAL) as follows:
1. By judges disposing meritless claims promptly
2. By enforcing a strict timetable and limiting unnecessary adjournment.
Others include:
3. Enforcing a formal quota system where Judges would be expected to reach judgment for a number of cases within a reasonable time every year.
4. Adopting Alternative Dispute Resolution, where other disputes could be resolved out of court without the need for court proceedings.
CONCLUSION
It is noteworthy to recognize that the transformation of our Justice system right now to the procedural reforms suggested would not be an easy one. But the judiciary must be ready to do away with familiarities and evolve just like the world is changing. Therefore, the legislature and the judiciary should enact laws and subsidiary legislation that would allow for these changes. The law would do it work as it is supposed to do, and just like it is known, the judiciary would be the hope for the common man only if we take the right steps in the right direction.
REFERENCES
Asabe Waziri Justice Advocacy _ https://shorturl.at/ARreq
Lawyers alert _ https://shorturl.at/OCJ8C
Olisa Agbakogba Legal—https://shorturl.at/fwejo
ABOUT THE AUTHOR.
Aishah Manzuma is a penultimate law student at Bayero University, Kano, an award-winning scholar, a writer, and a debater. Presently, she is the Naibatul Ameerah of the Nigeria Association of Muslim Law Students, Bayero University Kano chapter. She can be reached via the following social media handles:
WhatsApp: 07082368019
LinkedIn profile: https://shorturl.at/LcTgU
Instagram profile: https://shorturl.at/gUCFd
Facebook profile: https://shorturl.at/hZ0Go
Gmail: aishahmanzuma@gmail.com
Source: BarristerNG
