Introduction

As the Nigerian bench and bar prepares for new leadership with the retirement of Justice Ariwoola as the Chief Justice of Nigeria and the planned inauguration of Mazi Afam Osigwe, SAN as the President of the Bar Association of Nigeria, one critical area that requires immediate attention is the speed of justice delivery. Nigeria’s legal system is notoriously slow, with available statistics indicating that simple cases can take between 6 and 10 years to conclude. This glacial pace has far-reaching consequences, deterring potential investors and negatively impacting revenue for both lawyers and the nation as a whole.

Lawyers’ antics, judicial attitudes, court rules and procedures have contributed significantly to this sluggish pace, not only denying citizens timely access to justice but also hampering the country’s economic growth. To address these challenges, it is imperative to reform the rules and procedures of the courts, with a focus on streamlining justice. This article examines the need for such reforms and their potential impact on Nigeria’s economy.

The culture of adjournment: A barrier to speedy justice

One of the major obstacles to speedy justice in Nigeria is the deeply entrenched ‘suspension culture’. Lawyers often use procedural devices such as adjournments, calls, extensions of time and frivolous applications to delay the proceedings. Judges, who are also lawyers by training, often empathize with these tactics. This unspoken collusion between the bench and the bar effectively robs litigants of their day in court and perpetuates a slow, inefficient legal system.

Embracing case management: A path to efficiency

To counter the culture of delay and expedite justice, Nigerian courts must adopt a robust case management strategy. This means that judges take an active role in controlling the pace of litigation by setting and enforcing strict timetables, ensuring that cases proceed efficiently, identifying key issues early in the proceedings, promptly disposing of meritless claims, and limiting the scope of discovery and evidence. By implementing these measures, judges can streamline proceedings and prevent unnecessary delays, significantly reducing the time required to resolve disputes.

Leverage technology for seamless court operations

Reforming court rules should also involve leveraging technology to improve efficiency and accessibility. Key technological improvements should include implementing electronic filing systems, enabling online fee payments, providing remote access to court proceedings, automating case allocation and using case management software. These technological advances can significantly reduce bureaucratic bottlenecks, enable 24/7 court operations, and help judges and court staff better manage their cases and track progress.

Promote alternative dispute resolution (ADR)

Incorporating alternative dispute resolution mechanisms, such as mediation and arbitration, into the court system can help ease the burden on the courts and provide faster and more cost-effective dispute resolution options for litigants. By mandating ADR for certain categories of cases, such as simple debt claims and tenancy disputes, courts can focus their resources on more complex issues while ensuring that all cases receive appropriate attention. This approach not only speeds up the resolution process but also promotes a more collaborative and less adversarial legal culture.

Simplify procedures and improve judicial feedback

Simplifying court procedures and using plain language in the formulation of rules can make the justice system more accessible and user-friendly. In addition, judges should provide prompt feedback to the parties and their counsel, indicating their provisional views on issues and encouraging settlement discussions when appropriate. This proactive approach can help limit contentious issues, promote cooperation between parties, accelerate case resolution, and reduce the overall time and resources spent on litigation.

The financial imperative for speedy justice

A slow, inefficient legal system has far-reaching consequences for Nigeria’s economy. Companies are reluctant to invest in an environment where commercial disputes cannot be resolved quickly, leading to a deterioration in investor confidence. The World Bank’s Ease of Doing Business rankings consistently place Nigeria among the lowest-ranked countries, in part because of the difficulties in enforcing contracts and resolving commercial disputes.

By reforming the court rules to prioritize speedy justice, Nigeria can create a more attractive investment climate, promote growth in the private sector, improve its reputation in the international business community, improve its position in global economic rankings and unlock its great economic potential.

Conclusion

Reforming court rules and procedures to ensure speedy justice is not just a matter of judicial efficiency; it is a crucial step towards building a more prosperous and inclusive Nigeria. By adopting case management techniques, leveraging technology, promoting alternative dispute resolution, simplifying procedures and improving the judiciary, the Nigerian legal system can overcome the challenges posed by the culture of delay and deliver speedy and effective justice.

As Nigeria strives to diversify its economy and attract foreign investment, a well-functioning, effective judiciary will be a key factor for economic growth and development. The time for action is now, and all stakeholders – including government, the judiciary and the legal community – must work together to implement these much-needed reforms. By doing so, Nigeria can unlock the potential of its legal system to drive economic progress, improve the lives of its citizens and position itself as a leading destination for global investment and business.