The Senate President of Nigeria, Senator Godswill Akpabio, has urged the National Judicial Council to check judges misuse of exparte orders.
He also called for the integration of technology in Nigeria’s justice system, explaining that the potential of technology like in other sectors, can be harnessed in the nation’s justice sector to help with curbing delays and backlogs being experienced currently.
“We must try and curb the misuse of ex parte orders in political cases by our judges. To curb it, the National Judicial Council must exercise stringent oversight. We recommend prompt and decisive punishment for judges who are found to abuse their authority in this manner,” Akpabio said on Wednesday at the National Summit on Justice 2024, held in Abuja, where he noted that delays harm our justice system and make justice seem inaccessible.
He added, “I will not be telling the truth if I say that we at the National Assembly are not aware of the delays and backlogs plaguing our courts, which not only deny timely justice but undermine faith in our judicial system.
These delays harm our society’s most vulnerable and create an environment where justice is seen as inaccessible and inefficient. In an era where technology has transformed so many sectors, it is critical that we harness its potential within our judicial processes to enhance speed and transparency.”
The senate president said NASS would ensure provisions required to make the needed judicial reforms a success in order to actualise the birth of a judicial system that’s fit for the 21st century was made available.
We are committed to budgeting for the implementation of judicial reforms that will include the adoption of digital tools to manage cases more effectively and ensure that justice is neither delayed nor denied.
“This journey requires collective effort. I call upon all stakeholders, including my colleagues in both the legislative and executive branches, as well as the judiciary itself, to support these vital reforms. Together, we can build a justice system that is fit for the 21st century”, Akpabio said.
Also, the Senate President called for reforms in some key areas which he said are worrisome.
He asked that reforms be made in the area of interlocutory appeals, AGFs permission be sought before judgement is executed and misuse of ex parte orders in political cases by judges be stopped.
In addressing specific reforms in the justice sector, we want to re-emphasise some key vital areas that are worrisome and incidentally most Nigerians seek reforms on them.
It is essential that we reform our approach to interlocutory appeals in civil cases. Currently, these appeals often cause unnecessary delays, prolonging litigation and burdening our courts.
As was done in the criminal jurisprudence during the enactment of Administration of Criminal Justice Act 2015, we propose that all appeals in civil cases should be taken only after the conclusion of the substantive case. This change will accelerate judicial processes, reduce backlog, and ensure that litigations are not unduly prolonged by intermediate appeals.
Another area requiring urgent reform is the need for obtaining the Attorney General’s consent before executing judgments. This requirement often acts as a bottleneck, delaying justice and undermining the autonomy of our judicial system. We propose modifying this requirement to facilitate a swifter execution of judgments, thereby enhancing the efficiency and effectiveness of our justice system.
We are not ignorant of the rationale for securing the Attorney General’s consent as stipulated in section of Sheriff and Civil Processes Act which is to avoid the embarrassment of not knowing that funds earmarked for specific purposes have been diverted in satisfaction of a judgement debt which the government may not know anything about.
In our view to enhance efficiency while maintaining necessary checks, we propose replacing the requirement for the Attorney General’s consent with a mandatory notification system. Upon receiving a judgment against the government, the relevant authorities will notify the Attorney General immediately in writing.
Following the notification, the Attorney General will have a specified period, say 30 days, to respond. The response could involve initiating an appeal or settling the matter directly. This timeline ensures prompt action and prevents undue delays in justice delivery.
“If there is no response from the Attorney General within this period, the judgment will be executed automatically. This measure is crucial to prevent stalling and ensure that judgments are respected and enforced on time. In cases where the judgment comes from a final court, the option to appeal is not available.
Therefore, the Attorney General’s response would be primarily directed towards settlement. This approach ensures that the government acts responsibly as a litigant and respects the decisions of our highest court in the land. Reforms like this foster trust in the justice system and improve the overall efficiency of legal proceedings involving the government.”
