SLOW JUSTICE: How infrastructure decay hampers judicial system

On Wednesday July 12, 2023, the Chief Judge of Ekiti State, Justice Oyewole Adeyeye escaped death when a section of the state high court complex collapsed on him while in office. Although Justice Adeyeye who sustained minor injuries has since been discharged from the hospital, the incident is a sad reflection of the deplorable state of infrastructures in most court buildings in Nigeria and the pitiable state of facilities available to court officials and users in the country.

Nigeria currently boasts of some of the best judicial officers and laws in sub-Saharan Africa but the same cannot be said of court facilities across the country. For effective dispensation of justice, court facilities including courtrooms, offices, judges/magistrate chambers, toilets, libraries, electricity, etc, are necessities. All these are lacking in most states in the country.

Except for Lagos State and the Federal Capital Territory which boast of some good court facilities, the few good court facilities in other states, are mostly located at the capitals. Most courtrooms lack basic amenities such as tables, chairs, electricity, air conditioners, toilets, and waiting rooms. The situation is so bad that some judges and magistrates conduct proceeding using torch lights while sweating inside congested courtrooms.

In this special report, a look wss taken at the deplorable situations across the country and how these have affected the effective dispensation of justice.

South-West

It was revealed in Ondo State that court buildings in Akure, the state capital, and other parts of the state are in terrible conditions. Aside from the Federal High Courtrooms, the National Industrial Courtrooms, and the Court of Appeal in Akure, most courts in the state lack an efficient power supply.
In the past few months, some Magistrates courts in Akure were displaced and had to find alternative sitting venues as the complex housing the magistrates’ courts were demolished under the guise of building an ultra-modern court complex by the present administration in the state. The foundation of the proposed complex has not been laid up till now.

In Ogun state, a newly constructed ultra-modern judiciary complex, in Abeokuta was recently commissioned by the state government. It has various courtrooms, with air conditioners, good speakers, and microphones. The court also has a clinic and sports complex.

But findings showed that courts outside Abeokuta are in various states of dilapidation. The High and Magistrate Courts in Ilaro, the headquarters of Yewa South Local Government Area were built by the Western Region government and are in a state of disrepair. There are clear cracks in the walls and the old worn-out pieces of furniture are still being used by judges and magistrates.

Litigants and counsels struggle for seats in Ado-Odo, the Magistrate Court which is in Ota town while the High Court located along Sango/Idiroko road, is bushy and unkempt. The Magistrate and High Courts in Itori, Ewekoro Local Government Area were recently built but are inaccessible when it rains due to the swampy nature of the area.

The High Court in Ipokia, Ipokia Local Government Area was built by the administration of Governor Gbenga Daniel but presently does not have enough chairs and tables for lawyers and litigants. In Sagamu, the High Court premise is fenced but is almost overgrown by grass. The court also does not have enough chairs.

In Ekiti State, courtrooms in six out of the 10 judicial divisions namely Omuo, Ikole, Efon, Emure, Ilawe and Ido Ekiti divisions are at various stages of dilapidation, while 20 out of the 29 customary courts in the state are yearning for renovation.

Apart from the large expanse of car park space within Ekiti State High Court, Ado-Ekiti premises, virtually all the courts suffer epileptic power supply and do not have provision for restrooms. In Ikere-Ekiti, the second largest town in the State, the only court facility in the town had been untaken by rodents and weeds until earlier this year when an individual single-handedly built a new High Court and donated it to the State Judiciary.

In Osun State, the High Court buildings in Ile-Ile lacked basic amenities. The building windows are shattered while the roofing in some of the courtrooms are almost caving in. Similarly in Ikirun, Ikire and Ejigbo, the Court buildings are dilapidated and without basic facilities, such that some judges no longer sit in their jurisdiction but had to find more convenient courts to sit in the interest of justice. The situation is similar with Magistrate Courts outside the state capital.

The situation is the same in most parts of Oyo State visited. Virtually all the courts in the state do not have adequate provisions for car parks, restrooms and lawyers’ robing rooms. Lawyers and litigants often scramble for the small sitting spaces inside the courts.

Some law enforcement agents now exploit visitors including lawyers by impounding cars parked outside the court due to lack of parking spaces inside the court building. Many of the toilets facilities visited are out of bounds with the doors locked. Our correspondent also observed cracks on the walls of the building and some dangling roofs

South-East

In Abia State, most courts in the 17 council areas of the state sit in dilapidated buildings and community halls due to lack of good court buildings and offices for judicial workers. A visit to some of the courts outside the state capital, Umuahia, revealed dilapidated buildings with leaking roofs, a lack of electricity supply and access roads, abandoned buildings and bushy premises.

It was gathered that most judges and magistrates have resorted to sitting in the morning hours to make way for their colleagues to sit in the afternoon period because of inadequate courtrooms. The worst hit are the magistrate and customary courts where judicial staff sit in dilapidated buildings with no facilities to make their work easier.

In most areas visited, all the customary courts are located in community halls, health centres and village squares. In one of the council areas in Aba, a magistrate reportedly used his money to complete a court building to enable him to sit without being subjected to weather conditions.

A staff of the judiciary in Aba who pleaded anonymity told Vanguard that before the intervention of the magistrate, the court usually adjourned whenever it rained due to some damaged portions of the roof.

It was also observed that the magistrate court in Aba South LGA, located on Pound Road, Aba, which was burnt during the ENDSARS protest, was yet to be reconstructed while the Obingwa High Court sits in the premises of the Counter Terrorism Unit, CTU, of the Police, at Eastern Ngwa along the old Aba-Umuahia highway.

In Awka, Anambra State, the area housing the Magistrate Courts is almost inaccessible, while the courts themselves lack the basic facilities. The situation is the same at the Customary Court where many of the buildings are rented.

It was observed that one of the court edifices in the area was abandoned to rodents, reptiles, and criminals now use it as a hideout.

It was also observed that the abandoned edifice is housing the Bar Center built by the family of the Late Benneth Etiaba in association with the Nigerian Bar Association, Nnewi branch. Up till now, the NBA is yet to have a Bar Center. The abandoned edifice, situated along the Amichi- Isekke road is not functional due to insecurity in the area, which has become the den of gunmen.

It was also observed that many courtrooms have no toilet facilities and lack sufficient spaces to accommodate litigants, lawyers and observers. The situation is the same in the Customary Courts. During court sittings, most of the personnel are usually seen hovering around the dilapidated court buildings because there are no offices to accommodate them.

South-South

It is the same sad story in some courts in Warri, Effurun, and Udu judicial divisions in Delta state as lawyers sometimes task themselves to provide benches for the courtrooms and do some renovations on the buildings.

A lawyer, Alhaji Mumakhai Unagha painted a very grim picture of the situation to Vanguard, saying lawyers raise money to even fix leaking roofs of some of the courts, warning that the state government should be alive to its responsibility to ensure smooth dispensation of justice.

Except for the Federal High Court in Warri with a relatively sizeable courtroom to accommodate lawyers, litigants and other stakeholders during proceedings, the other courtrooms can hardly take 20 persons sitting comfortably. Many of the buildings are old and begging for facelifts. Vanguard learned that the situation is similar to other parts of the state.

Findings revealed in Akwa Ibom State that it is one of the few states in the South-south regions which boast of some good court facilities outside the state capital.

Some of the facilities visited by our correspondent include State High Court Ikot Ekpene along Cardinal Ekandem Avenue, in Ikot Ekpene LGA, State High Court in Etinan LGA, Magistrate Court in Mbak in Itu LGA, and State High Court in Eket LGA and State High Court Ikot Ibritam in Ukanafun LGA.

Further findings revealed that the development followed intervention by the immediate past governor of the state, Udom Emmanuel whose administration had a few years ago awarded a contract for the renovation/ reconstruction and upgrade of Court facilities across the state.

In Benin City, Edo State, most of the courts have state-of-the-art facilities. This is due largely to the effort by former Governor Adams Oshiomhole’s administration which undertook massive renovation of courts in the state capital. Governor Godwin Obaseki has also improved on the effort of his predecessor by renovating and constructing new ones.

The state High Court complex located along Sapele Road, State Customary Court of Appeal now housing the Benin Division of the Court of Appeal along Aguobansinmwin and the National Industrial Court along Okada Avenue are all fitted with state-of-the-art facilities including air-conditioners, public address system etc.

But the picture is not the same once you travel outside the state capital as most of the courts are still what was inherited from the colonial government. In Ubiaja, the headquarter of Esan South East Local Government Area, the High Court situated about 300 metres from the Ubiaja Prison is in an old building that lacked a conducive working environment. The wall paintings have been washed off by rain while there are just a few benches in the courtroom.

In Auchi, the Magistrate Court in the town was recently reconstructed after years of neglect. The High Court in the town looks good on the outside but the inside is a stack difference. When it rains, proceedings cannot go on due to leaking roofs. The chairs and tables in the court are old and damaged. It was gathered that the deputy governor, Comrade Philip Shaibu visited the facility recently and promised that something will be done but nothing has so far been done.

In Igarra, headquarter of Akoko-Edo local government area, the 30-year-old Customary Court is weather-beaten. The Magistrate Court in the town is also in bad shape. The High Court is located at a building that once housed the defunct National Republican Convention, NRC, and is also in bad shape.

In Rivers State, the immediate past governor of Rivers State, Nyesom Wike, was repeatedly accused of overwhelming concentration of his outstanding infrastructure delivery in Port Harcourt Capital City. One area where this accusation found deep expression was in his development interventions over the judiciary in Rivers.

By the time Wike vacated office May 29, virtually all courtrooms in Port Harcourt, especially Magistrates and High Courts had worn new looks of increased courtrooms cast in modern buildings fitted with air conditioners, better furniture, microphones/speakers and conveniences among other facilities to make court hearing convenient for litigants and lawyers.

At the last intervention a couple of days before his exit, the former governor unveiled a new Rivers Magistrate Court Complex of 24 air-conditioned courtrooms, a clinic, a restaurant and a court registry plus a reliable power generating plant. These are aside from the modern judges and other judiciary staff quarters, luxuriant official cars for judiciary workers with some of the new court infrastructures benefiting federal court officials in the state.

In contrast, visits to some of the Magistrates and High courts in jurisdictions outside Port Harcourt indicated not much attention is being given to locations outside the state capital. At the joint Magistrate and Customary Court Complex in Rumuji Division, Emohua Local Government, a senior court official told our Correspondent that the major challenge in the division is the neglect of the residential quarters for staff.

“Court workers need the safety and convenience that official quarters provide. But see, the conditions here are nothing to write home about. Some of these uncompleted buildings have been abandoned for more than two decades. This is the challenge,” he said.

Findings from visits to several courts in Cross River State showed that many are not in good shape while others have become an eyesore.

During visit to the Magistrate court at Garden Street, Calabar South LGA, it was observed that the court premises were in a dilapidated state. The buildings are old and worn out, with visible cracks on the walls and the roof. The courtrooms were small and cramped, with barely enough space to accommodate lawyers, magistrates, judges, and litigants.

Most courtrooms including High Courts in the state are poorly ventilated, with no air conditioning or fans, making it uncomfortable for everyone present. The siting arrangements are also inadequate, with broken benches and chairs scattered around the courtrooms. The lightings are poor, with some courtrooms having no electricity at all, making it difficult to conduct proceedings.

The toilets are also in deplorable states, with broken toilets and no running water, making it unsanitary for both court officials and litigants. The court premises were also not secure, with no perimeter fence or security personnel to ensure the safety of people and property within the premises. The absence of security personnel also makes it easy for unauthorized persons to gain access to the court premises.

Checks showed that most of the courts now operate in town halls and health centres.

Such courts include Magistrate Court at Ikot Ishie which uses the Ikot Ishie town hall for its sittings, Akai Effa , and Ikot Effangha Nkpa courts which operates from rented venues. Vanguard visited the Magistrate court facility at Garden street , Calabar South LGA which houses five courts including four magistrates and one customary court and observed that the facility is dilapidated.

North

The situation is also the same in the northern parts of the country. In Katsina state, there are at least one Magistrates Court and one Sharia Court in each of the 34 Local Government Area. However, only five divisional courts sited in Katsina, Daura, Malumfashi, Funtua and Dutsinma LGA respectively, boast of some good facilities.

Most of the lower courts spread across the 34 LGA of the state operates without the needed basic facilities such as electricity, recorder, translator, microphone, speakers and libraries. In terms of library facilities, out of the five divisional courts in Katsina State Vanguard reliably gathered that only the court complex in Katsina judicial division has a well-equipped library.

Another vital facility missing in all the courts across Katsina State gathered is the absence of lawyers’ dressing room. It was also learned that none of the court premises in the state has a dressing room for lawyers which is said to be mandatory for every court to have.

Also, some of the registries visited outside the state capital have no power supply. The chairs and tables at the registries are mostly broken and the restrooms are no-go areas.

The Chairman of the Nigerian Bar Association, Aliyu Rafuka, confirmed some of the inadequacies but stated that the situation has slightly improved under the present Katsina Chief Judge, Justice Danladi Abubakar
According to Rafuka, some new court buildings have been erected outside the state capital by the Katsina Chief Judge though the gesture was not extended to courts in areas prone to banditry.

In Kebbi State, no fewer than two hundred courts are begging for government attention in terms of office accommodation and a total overhaul of the existing structures.

A survey carried out indicated that there are at least 70 upper Sharia Courts and nearly 200 lower Sharia Courts excluding High Court and State Appeal Courts in Kebbi state. The High Court in Birnin Kebbi occupies an excellent edifice, as also the Sharia Appeal Court in the GRA area in Birnin Kebbi.
However, the Sharia, Magistrates and Customary Courts in local governments headquarters are the ones begging for attention as most of them operate from rented apartments.

In Bornuo State, all the courts and Police stations located outside Maiduguri have been destroyed by Boko Haram terrorists. The relocated courts in the state capital have all received the desired reconstruction and re-equipping by the past and present administrations of Governor Babagana Zulum.

The two courts in Jere and Biu’s local government areas have also received some renovation attention. Presently 24 local government areas in the state are without any functional courts.

Findings revealed in Adamawa state that the High Court complex built by former Governor Murtala Nyako about 10 years ago has started to deteriorate. Our correspondent also found that little attention is given to court outside the state capital. Some of the Magistrate and Customary Courts still operate in small old colonial buildings which lack modern facilities.

In Bauchi State, court buildings over the past years have received some amount of attention from the government in uplifting its architectural value and making court premises conducive for everyday judicial activities.

The High Courts which currently serve as a tribunal where all election matters are being heard are generally in good shape because most of the high courts received facelift maintenance to make them conducive for tribunal sitting.

Magistrate court buildings distributed across the 20 local government areas of the state have been completed or are near completion. This is a deviation from the former practice where most magistrate courts were in rented apartments.

However, Sharia courts are still behind in terms of infrastructural development of courts in the State. Most of the Sharia court buildings are dilapidated or are in rented buildings across the state.

State govts react

Only a few state governments responded to our correspondent’s inquiry on the decrepit conditions of court facilities in their domain.

The Special Adviser (Media) to the Ekiti State Governor, Yinka Oyebode said the state government is doing everything possible to ensure the Judiciary is fully equipped.

Despite finding in the State, Oyebode, said that Ekiti ranks as one of the best states in the country in terms of infrastructures for the Judiciary and noted that the government is working to ensure that all the three arms of government are almost at par with each other.

He said: “Infrastructure in Ekiti State for the judiciary is in top shape. You will notice that even the new High Court complex is up and running and the new Customary Court of Appeal is upgraded.

“We are mindful of the State House of Assembly as well as the Judiciary. Everything is okay and there is always room for improvement. We are one of the best states in the country that have good infrastructure for the Judiciary.”

Asked to react to the decrepit condition of courts outside the state capital, the Ondo state commissioner for Justice and Attorney General, Charles Titiloye, said that the arm of government supervising the courts is the judiciary. Efforts to speak with the state Chief Judge, Justice Olusegun Odusola, proved abortive.

Governor Ademola Adeleke, through his, spokesperson Olawale Rasheed, said the state government believes in the independence of the judiciary and will ensure that they discharge their duties with ease and comfort.

“We have plans for proper reformation of the judiciary. As a government, we believe in judicial autonomy and independence of the arm of government. Whatever we are doing, we will ensure not just judicial independence but also the welfare of our judges,” he said.

When contacted, the Edo State Commissioner for Communication and Orientation, Chris Nehikhare said the state government was not neglecting other parts of the state capital.

He said “It is not true that the state government is restricting renovation and rebuilding of court houses to Benin City. Go to Abudu, the government is rebuilding the courts and the judges quarters. The same is going on in parts of Ovia and Ikpoba-Okha. The government’s has plans for the entire state very soon the government will move to Edo Central and then Edo North”.

In his reaction, the Head Media and Information, Bayelsa Judiciary, Mr. Julius Nyananyo said: “That has been the challenge and that’s what the new Chief Judge is trying to address. She even said it in an interview after her inauguration (Thursday) at Government.”

On why the State High Courts are operating only at the state capital and not at their various divisions, he said, It was because of the security situation.

His words, “Before now all the courts were at their various locations and we had cases of kidnapping and robbery on our people going to those places. When we started work, in a place like Brass there was a resident magistrate who sits there and he also covers Nembe, Oloibiri, but today you and I know that going to Brass is not easy. We have had a series of kidnapping cases. Virtually all the courts sit here, same with Oporoma except for a place, like Amassoma, where the Magistrate and Customary courts sit there. They go there and come back. Also, a place like Sagbama, the Magistrate and Customary courts sit there. It is only the High Court that is here (Yenagoa).

“They also need structures there in Sagbama and Ekeremor. They need better structures that will make the Judges comfortable staying there. You know these projects are capital intensive. It is only when funds are released that you can embark on such projects. These are some of the challenges; otherwise there is no business for the court (division) to be here (Yenagoa) ; they need to be closer to the people and bring justice nearer to them.

Speaking on the condition of courts in his state, governor of Kebbi state, Dr Nasir Idris told Vanguard that intends to restructure the entire judiciary in the state through massive infrastructure which would include befitting office accommodations for all the staff and improve the welfare of judges across all courts in Kebbi state

“The judiciary is a very important arm of government and as well a pillar of our young democracy we would therefore not joke with it,they will get our rapt attention to ensure they have habitable office accommodations to discharge their primary responsibilities,” he stated.

Lawyers decry impact of dilapidated courtrooms on justice

Some lawyers who spoke to our correspondents in different regions of the country expressed their views on the serious impact of dilapidated court facilities on the effective administration of justice.

Speaking on the terrible state of the courts and its impact on justice delivery, former president of the Nigerian Bar Association, NBA, Chief Wole Olanipekun, SAN said the situation is worrisome and requires urgent attention. He said: “It’s disheartening that walls and roofs of a good number of courtrooms are collapsing and caving in. The basic facilities such as toilets, and libraries are not available and water as well as electricity are lacking. In most instances, functional libraries are not available.

“A sad specter or scenery of lawyers scrambling to secure seats with litigants or sharing available accommodation within the sardine-packed courtrooms menacingly intimidates judges, Counsel and litigants.

The picturesque created of a typical court of justice in Nigeria is that of a congested Police Barrack, yet, these are supposed to be the bakery of justice without the aura, aroma and fascination of judicial respectability.

“The ambience of a typical or average courtroom should reflect an atmosphere of learning which judges and lawyers subscribe to and are known for, rather than representing, both from within and without, a rough, untidy, unclean and unkept theatre.”

He appealed to the government at all levels for urgent intervention to save the judicial sector, saying “If we continue to fail, refuse and neglect to maintain justice, justice in turn may refuse to regulate us and eventually desert us.”