National Summit on Justice 2024: Addressing Justice Sector Issues Frontally
Justice delivery in Nigeria, has been a topic of discussion of successive administrations for the past few decades. Achieving that ideal justice delivery system, has, so far, appeared to be a mirage, and a seemingly unattainable utopia; but, hope is here now, as the President Bola Tinubu administration has taken bold and deliberate steps to strengthen justice institutions and up-scale the welfare of judicial officers with a well deserved increase in remuneration and allowances just waiting for the legislative nod, after over 15 years of stagnation. In further demonstration of the administration’s commitment to this, the office of the Attorney-General of the Federation and Minister of Justice, Federal Ministry of Justice in collaboration with the Nigerian Bar Association (NBA) on April 24th – 25th, 2024, organised a two-day Summit which held in the Auditorium of the National Judicial Institute (NJI), Abuja, to holistically examine the challenging issues mitigating against justice delivery and how to surmount them. Onikepo Braithwaite, Jude Igbanoi and Alex Enumah who attended the Summit report
In Search of a Functional Justice System
Nigerians, last week, began the process of putting machineries in place that will enthrone a viable and functional justice system that will rapidly grow the economy, guarantee basic human and political rights of individuals, as well as provide security and justice for all Nigerians.
For two days, the crème-de-la-crème of the nation’s justice sector, especially from the Bar and Bench, alongside other critical stakeholders brainstormed on how to make the sector not only more proficient, but satisfy the aspirations of the citizens as well as foreign nationals desirous of doing business in Nigeria.
The gathering which was under the auspices of the Federal Ministry of Justice in collaboration with development partners; including the European Union funded RoLAC II Programme of the International IDEA, was tagged the 2024 National Justice Summit with the theme: “Repositioning the Justice Sector in Nigeria: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”.
Justice is the bedrock of any viable society or government. Without justice, there can be no peace and without peace, there can be no development. The vision of Nigeria’s founding fathers as reflected in the National Anthem is, “to build a nation where peace and justice shall reign”. Unfortunately, several decades after, peace and justice still elude the country.
Plenary Session
The Summit began with a Plenary Session, in which key players in the Justice Sector made their remarks.
Attorney-General of the Federation
The Attorney-General of the Federation and Minister of Justice (AGF), Prince Lateef Fagbemi, SAN, who set the tone of the discussion had disclosed that his focus, is to fashion out “a clear strategy that will reposition and strengthen the justice sector for greater access, transparency, accountability, fairness, and efficiency in the entrenchment of the rule of law in Nigeria and administration of justice in general”. This vision or ambition can best be understood, with the current economic hardship occasioned by corruption and violent crimes such as kidnapping and banditry. Simply put, Nigeria is fast becoming a lawless State with the strong, wealthy and powerful becoming a government of their own. People no longer go to court because they feel they can’t get justice, or the Judges are too corrupt to do what is right.
The AGF said the Justice Sector under his watch, will continue to push for mutuality in the formation and implementation of the National Policy on Justice. The Policy, according to him, seeks to improve mechanisms for fair and speedy dispensation of justice; detention and correctional services; restorative justice; alternative dispute resolution (ADR) – developing Nigeria into an arbitration hub on the continent; commerce and economic activities; compliance with treaty obligations; synergy and cooperation across the Justice Sector; and independence of the Judiciary, among others.
The AGF said: “Regarding the emphasis on strengthening the independence and welfare of the Judiciary, it is to be recalled that one of the cardinal items on the Renewed Hope Agenda of this administration, is to drive judicial reforms to achieve sustainable socio-economic growth and investment, facilitated by the rule of law, and to address the challenges militating against judicial development in our country.
“One key theme that has been added to the National Policy on Justice, is Justice for Children. This is in line with our commitments under various international, regional and national instruments on the protection of children, consistent with the guiding principles on the best interest and welfare of the child. The idea is to adopt deliberate and strategic interventions, for dealing with children in contact with the law”, he added.
President of the Nigerian Bar Association
The President of the NBA, Yakubu Maikyau, OON, SAN, in his remarks, emphasised the importance of collaboration between the three arms of Government, for national progress. He acknowledged the challenges faced by the justice system, but urged against negativity, highlighting existing advancements like the formal appointment process for Judges. He positioned the Judiciary as the cornerstone of the nation, essential for national unity, and commended the Judges for their role in maintaining stability.
Chief Justice of Nigeria
Like the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, remarked, “Access to justice remains a distant reality for far too many Nigerians, with barriers ranging from procedural complexities to socio-economic disparities”. The CJN pointed out that if all this must change, critical stakeholders have to address systemic issues that undermine the integrity of the justice system, including corruption, inefficiency, and undue influence. “Upholding the independence and impartiality of the judiciary is paramount, as it is the cornerstone of a functioning democracy and the guarantor of the rule of law”.
While identifying funding as another huge challenge, CJN Ariwoola charged the Summit to explore innovative ways through which the systemic challenges of funding the entire justice sector, in a sustainable manner, at all levels of governance, horizontally and vertically, can be addressed.
Chief of Defence Staff
The Chief of Defence Staff emphasised the importance of access to justice, for achieving lasting peace and security. He called for a collaborative framework within the Summit to reform the public sector, particularly law enforcement agencies. That this reform should prioritise both national security and human rights. By effectively apprehending criminals, LEAs can rebuild public confidence in the justice system.
Keynote Address: Dr Willy Mutunga
The Keynote Speaker was a former Chief Justice of Kenya, Dr Willy Mutunga, EGH. He delivered his speech virtually, speaking about the sweeping reforms that were carried out in the Kenyan Judiciary under his watch from 2010. Dr Mutunga emphasised the overall importance of safeguarding the Judiciary from political influence, for a fair and impartial justice system. While presenting Kenya’s reform journey as a potential model for Nigeria, he highlighted key areas for improvement, including revamping legal education to prioritise public interest litigation, and ensuring broader access to justice for all Nigerians. He also suggested a comprehensive review of Nigeria’s Constitution after 25 years of democracy, to strengthen its democratic foundations and, that beyond national borders, called for pan-African collaboration in the legal sphere by proposing the establishment of a central institute dedicated to legal scholarship and collaboration across the continent, to foster a unified legal framework for African courts, ultimately strengthening the legal systems of all member states.
Senate President
Senate President, Godswill Akpabio, who pledged support towards the passage of proposals/ recommendations from the Summit into law, listed areas for urgent reform in the justice system. “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”. Akpabio observed that these delays harm society’s most vulnerable, and create an environment where justice is seen as inaccessible and inefficient.
Besides, the Senate President also urged for reform in the area of interlocutory appeals in civil cases, because the appeals often cause unnecessary delays, prolonging litigation and burdening the 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”, he said.
“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 swifter execution of judgements, 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 sections of Sheriff and Civil Processes Act, which is to avoid the embarrassment of not knowing that funds earmarked for specific purposes have been diverted for the satisfaction of judgement debts, which the Government may not know anything about.
“It is our view that, to enhance efficiency while maintaining necessary checks, we propose replacing the requirement for the Attorney-General’s consent with a mandatory notification system.”
Akpabio said, “Upon receiving a judgement 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 judgement will be executed automatically. This measure is crucial to prevent stalling, and ensure that judgements are respected and enforced in a timely manner. In cases where the judgement 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”.
One other area the Senate President urged the Summit to beam its searchlight on, is “the misuse of ex-parte orders in political cases, by our Judges”. As part of measures at curbing the menace, Akpabio called on the National Judicial Council (NJC) to exercise stringent oversight, and take prompt and decisive punitive actions against Judges who are found to abuse their authority in this manner.
The Senate President’s recommendation was that the NJC should conduct regular audits and reviews of ex-parte orders issued by Judges, to ensure compliance with established standards. According to him, this proactive approach would help in identifying patterns of abuse early, and in administering corrective measures promptly.
In addition to punitive measures, Akpabio also emphasised the importance of ongoing training and education for Judges, on ethical and responsible use of judicial discretion in issuing ex-parte orders.
The Senate President also highlighted the need to harness technology for case management, and emphasised the importance of collaboration between the National Assembly, the Ministry of Justice, the Judiciary, and the NBA, as they all play a crucial role in implementing these reforms and ensuring a just and efficient legal system for all Nigerians.
He advised that the outcome of the Summit be translated into effective policies that would address, not only current inefficiencies, but also future challenges.
President Bola Tinubu
On his part, President Bola Tinubu, GCFR tasked participants to identify needed system changes and critical reforms that would allow Nigerians to reap the benefits of huge investments in the justice sector. He expressed the determination of his administration to implement its policies and promises made to Nigerians for a renewed hope, through the instrumentality of the “law and the dictates of justice to create opportunities for our people”.
President Tinubu who was represented by the Vice President, Senator Kashim Shettima, unveiled the preliminary measures he took in order to reposition the Judiciary, as well as support a just and rules-based Nigeria. According to him, immediately he assumed office, his administration made funding for the third arm of government a top priority, doubling it in the Renewed Hope budget 2024 by more that 100% from last year’s budget. He also cited the appointment of 11 Justices into the Bench of the Apex Court to ensure that the Court, for the first time, attained its full complement of 21 Justices as required by law, in addition to approving “a substantial increase in the salaries and emoluments of Judges, which is currently undergoing legislative action”.
President Tinubu noted however, that despite the progress that is being made in the Justice Sector, there “is an urgent need for a functional justice system capable of supporting a rapidly growing economy, guaranteeing basic human and political rights of individuals, and providing security and justice to all”. To that extent, he challenged, Justice Sector leaders and professionals to find the right responses to the challenges facing the country through policy innovation, citizen-centred reform, systems change, and legislative reform, where necessary.
“I, accordingly, urge the leadership of all Justice Sector institutions to seek a new direction and focus on outcomes by creating a justice system that truly responds to the needs of our citizens – one that serves Nigerians now and for generations to come.
“I demand informed and coordinated responses, to the identified challenges plaguing the effectiveness and efficiency of the sector. I demand performance, so that Nigerians can feel and acknowledge the impact of your reform efforts. Ultimately, the expectations are that law and justice should aim to ensure public safety, economic development, peaceful co-existence, and the well-being of our people”, he added.
Panel Breakout Sessions
At the technical session on judicial appointments and selection, Panelists raised concern about the CJN doubling as Chairman of both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC). For example, the Panel on “Assessing the Performance of the NJC in Discharging Its Responsibility for Judicial Appointments into the Superior Courts of Record”, was moderated by Mrs Funke Adekoya, SAN; while Panelists were President of the National Industrial Court of Nigeria, Hon. Justice Benedict Kanyip; Dr Oliver Stolpe of the UNODC; Professor Ameze Guobadia and Dr Muiz Banire, SAN, called for a significant review of the role of the NJC in discharging his responsibility for judicial appointments into the Superior Courts of Record.
They expressed concern about the fact that the CJN who is the Chairman of the NJC is also the Chairman of the FJSC, which is the body that initially reviews proposals or lists of candidates by appointment into judicial office. According to them, such a situation suggests that the CJN “was then recommending candidates to himself being Chairman of both bodies, and being the person who appoints a significant number of the members of both bodies, other than those who are statutory members”.
Meanwhile, the Panel approved in modified form, the proposals for reform made by the Nigerian Bar Association (NBA). According to them, there was a need to reconstitute or propose the reconstitution of these bodies, both the National Judicial Council and the Federal Judicial Service Commission.
The second Panel was on “Examining the Structure and Role of the State Judicial Service Commissions in Judicial Appointments”. Dr Uju Agomoh moderated, while Panelists were Olawale Fapohunda, SAN; Dr Musa Aliyu, SAN; Prof Oyelowo Oyewo, SAN and Hon. Justice Omolaye-Ajileye (Rtd), who emphasised the need to ensure that the preparation/collation of the shortlist of candidates for judicial appointments at the State Judicial Service Commissions is done by the SJSC acting as a body, and not just by the CJ in the capacity of Chairman. He noted that, that is where a lot of the manipulation happens in the judicial appointment process, as many deserving candidates are excluded from the process at this point, without any further recourse.
Another Panel which dealt with the topic, “Philosophical Underpinnings of the Judicial Appointments Process: Structural and Constitutional Dimensions and the Proposals for Constitutional and Legislative Reform”, stressed the fact that focus should be on increased transparency in the appointment process. In addition, the Panel also called for focus on meritocracy and on meaningful performance evaluations of those who seek judicial office. Recommendations were made for the consideration of the model that is currently being used in Kenya. In addition, they made a case for the codification of the judicial appointments process, such that the discretion that is currently witnessed in the appointments process is reduced to the barest minimum. Professor Dakas C.J. Dakas, SAN moderated this Panel, and the Panelists were former President of the NBA, Dr Olisa Agbakoba, SAN; Prof Yusuf Ali, SAN; Mr Joseph Otteh, who is the Convener of the Access for Justice and Dr Jan van zyl Smit, the Acting Director of the Bingham Centre for the Rule of Law in London, England, who travelled from London to participate in this session.
There were four other Panel sessions on the second day of the Conference. The first was on the funding of the Judiciary. It was moderated by Dr Babatunde Ajibade, SAN, and the Panelists were Past President of the Court of Appeal, Justice Ayo Salami, PCA (Rtd), Justice Oludotun Adefope-Okojie, JCA (Rtd) and Robert Emukpoeruo, SAN. The importance of the implementation of Section 121 of the Constitution was underscored, as not only being a necessity for the independence of the Judiciary, but for State Judiciaries to be able to fund their capital projects.
Communiqué
Meanwhile, priority areas at the Summit include; the judicial appointment process; funding, and eradication of delay in justice delivery. According to a Communiqué issued at the end of the Summit, the priority areas formed the thematic areas dealt with during the technical sessions.
On the process of appointing judges, Chairman of the Joint Planning Committee of the Summit, Dr Babatunde Ajibade, SAN, while presenting the Communiqué in Abuja, observed that, “if we don’t get the judicial appointments process right, it is difficult to build anything significant on top of that”. Similarly, he noted that if we don’t get funding and administration and budgeting for the courts right, it would be difficult to get the courts to function effectively.
“So, that was the second priority area. And, the third priority area is eradicating, to the greatest extent possible, delays in the administration of justice. Again, this is a connected point. If you don’t get the right quality of judicial officers, if they are not properly funded, if there are not sufficient number of them, if the administration of the courts is not proper, there’s no way you can get efficient and quick justice delivery, which the Constitution promises.
“So, those were the three priority areas focused on in the technical sessions. Of course, the National Policy on Justice covers a much broader range of issues. But, we focused on those three priority areas for now”, he said.
Conclusion
Leaders of the three arms of government at the opening of the two-day event expressed concern about the current state of the Justice Sector, as well as their determination to effect a positive change through meaningful reforms. Only time, however, will tell how much action each puts into realising this lofty objectives.
