198,432 pending court cases leave many in jail, businesses stranded
THE woes of the slow justice delivery system in Nigeria have continued to take toll on Nigeria’s socioeconomic existence with over 198,432 cases pending at the Federal Capital Territory ( FCT) Magistracy, Federal and Appeal Courts.
As of the 2022/ 2023 legal year, the total number of pending cases in the Court of Appeal is 39,526.
The President of the Court of Appeal, Justice Monica Dongban- Mensen, disclosed this during the 2023/ 2024 legal year ceremony.
Also, the chief judge of the Federal High Court, Justice John Tsoho at a similar ceremony to mark the 2022/ 2023 legal year and 50th anniversary of the court stated that there were 144,910 pending cases at the end of the last legal year. A similar number exists at the Magistracy of the FCT, which according to the Chief Judge ( CJ) Husseini Baba- Yusuf stands at 13,996 covering both civil and criminal matters.
The situation is not different at other courts such as the National Industrial Court, and the High Court of States, the Customary Court of Appeal of States and the Sharia Court of Appeal of States.
The direct consequences of these high dockets are seen in congestion of Correctional Centres as a result of pre- trial inmates, dearth of artisans with technical skills that can drive innovations and the economic blight that comes with slow dispensation of justice.
According to the Nigeria Correctional Centre ( NCS), as of February 6, a total of 54,124 inmates are awaiting trial across Nigeria.
In addition, the Nigerian government spends N5, 412,400 daily “on paper” to feed those awaiting trial inmates.
This happened because the Senate Committee on Interior in 2021 increased the daily feeding allowance for the inmates from N450 per person to a minimum of N1, 000 per day.
According to the convener, Vanguard for the Independence of the Judiciary, Douglas Ogbankwa, a lawyer, slow justice dispensation results in business stagnation, discourages foreign direct investments, and erodes confidence in investors who fear conflict resolution when they occur in businesses, especially small claims would be denied.
Also, he noted that victims of crimes lack confidence in the ability of the system to deliver justice, encouraging self- help and a largely dysfunctional judicial system. He stressed that several innocent persons are languishing in prison and by law, they are presumed innocent until found guilty by the courts.
Ogbankwa, however, said that the main crux of the matter is lack of independence of the judiciary, poor funding, neglect of judges and judicial officers in terms of embracing technology.
“To solve the problem, Nigerians must insist on substantial compliance to the provision of Section 121 ( 2) of the 1999 Constitution, which provides that every money standing to the credit of the Judiciary must be paid to the heads of court, and also, the courts must embrace technology to ease off judicial process,” he said.
A Senior Advocate of Nigeria, Douglas Terkura Pepe, attributes the malady to colonial heritage, which embedded the mentality of holding on to traditional ways of conducting proceedings to Nigerian judiciary.
This, he said, has contributed to clog court dockets, adding that manual filing, manual recording of proceedings and delivery of judgments/ rulings must be jettisoned and digi
• Nigeria spends N5,412,400 daily to feed 54,124 awaiting trial inmates • Court of Appeal has 39,526 pending cases • 144,910 lingering at Federal High Court • FCT magistracy has 13,996 pending cases covering civil, criminal matters • SAN attributes delays to colonial heritage • Retired judge calls for decentralisation of apex court
talised.
He suggested that timelines need to be apportioned for conduct of cases, stressing that the wellbeing of judges must be enhanced.
The Executive Director of People’s Orientation Initiative for Community Engagement ( POICE), Fanen Elaija said heavy dockets result in unresolved business transactions.
Suggesting ways to decongest the heavy dockets, the Chief Justice of Nigeria ( CJN), Olukayode Ariwoola,
same value as our crude oil export earnings, and it serves as a strategic global food supplier, even providing aid to a peaceful yet unproductive Nigeria.
“To overcome this embarrassment, we must aggressively reorder our priorities by investing resources in productive sectors like agriculture. Addressing insecurity is crucial for farmers to return to their fields, enabling a productive manufacturing sector and supporting small businesses.”
Similarly, Human Rights
Writers Association of Nigeria ( HURIWA) has said that foodstuff looting will stop when politicians stop weaponising hunger. The group also asked the government to re- establish grassroots democratic governments at the 774 local councils of the 36 states of the federation.
According to the rights group, this move will end these cocktails of aggressive attacks by hungry masses of Nigeria targeting warehouses of government and private enterprises in Nigeria.
The body also cautioned governments at all levels to find a better way to dissuade people from looting public warehouses instead of relying on the routine policing methodology of arrests, parade of suspects and prolonged, meaningless and time wasting prosecution in the court that moves with the speed of snail.
“The Nigerian state must end hunger now or be prepared to have the private homes of any affluent Nigerian invaded even if battalions of armed security are procured to protect such exotic housing assets. It is now or never,” the group noted.