From Frustration to Action: Charting a Path for Tangible Justice Sector Reforms in 2025

Of a Chronic Public Confidence Deficiency Syndrome 

Avery senior colleague of the Silk, in his New Year message to me, wondered where I find the inspiration and motivation to keep proposing policy options for the reform of our justice sector when, according to him, “the dramatis personae in the sector have consistently shown a tragic preference for meaningless ad-hoc reforms over tangible interventions that will make a difference in the sector”.  He also said, “The consequence of this is that there was no meaningful development worthy of mention in the sector in 2024, and it is doubtful that things will change in 2025” – powerful words. I can relate to where he is coming from. His diatribe is one that I believe will resonate with many justice sector stakeholders, if not many of our citizens. Such comments have become everyday lyrics, often aggressively said across multiple citizens’ communication platforms. 

Indeed, if public opinion were to be measured by an aggregate of public commentaries on these platforms, there would be no difficulty in concluding that our justice system suffers from a chronic public confidence deficiency syndrome. Again, while I understand the frustration with the system and its institutions, we must never allow our frustration to lead to a paralysis of thought or action. I have been a frequent contributor to this Publication for over a decade now; I find energy in the realisation that having identified that our justice system is not delivering justice, the solution cannot simply be to sit down and do nothing. We can’t afford to be ensnared in the glaring limitations of our justice system. I also disagree that there has been no tangible development in the justice sector, especially in 2024. We can express our frustration with the pace of reforms, but to say nothing worthy of note has happened, is to take our vexation to the extreme. If I can refresh our memories.

Committee for the Review of Laws of the Federation 

For more than two decades, there have been consistent complaints about the uncertain state of our laws, and the inability of successive governments from 2004 to undertake an urgent review of the Laws of the Federation. The situation was worsened by roadside publishers who took advantage of the Federal Government’s inattention and enabled an illegal enterprise of law publishers, with all the inaccuracies inherent in such ventures. Even some of the most vociferous public analysts, who are often quick to argue that enactment of laws is not our problem but their enforcement, have been at the forefront of the advocacy for the review and compilation of the Laws of Nigeria. They realised that it is better to have certainty about the content of what constitutes the Laws of Nigeria and then hope for enforcement, than have laws published in printing shops in ‘Oluwole’ in Lagos or Onitsha. In 2024, the Federal Government inaugurated a Committee for the Review of the Laws of the Federation with an essential mandate to review, update, consolidate, compile and publish the Laws of the Federation. As Chairman of the Committee, I have experienced firsthand, the commitment of the Federal Government to the timely completion of this exercise. This is a noteworthy development. 

Upward Review of Judicial Remuneration

Also, 2024 was the year we took a bold step in placing our Judiciary firmly on the road to independence. As with the Laws of the Federation, for over a decade, much was said about the unsatisfactory conditions of service of our judicial officers. A lot of talk, with no movement. Many of us held the view that we could not begin to talk about judicial reforms, when the matter of judicial remuneration remained unresolved. We insisted that the guarantee of adequate conditions of service, is not meant for the benefit of the Judiciary. Rather, financial security is a means to the end of judicial independence, and is, therefore, for the benefit of us all.  There were those who held a contrary view, arguing that judicial remuneration is not a priority, and that judicial officers who were not satisfied with their conditions of service should resign. Thankfully, the Federal Government looked to logic, and accepted that judicial service is not a call to penury. The upward review of judicial salaries and allowances, was one of the significant developments in 2024. Still on significant developments in the Judiciary in 2024, attaining the full composition of the Supreme Court, the much-desired review of the Supreme Court Rules, and progressive reviews of Practice Directions in several State High Courts were important developments.

Expectations from the Chief Justice of Nigeria and Attorney-General of the Federation

I don’t disagree with President Obama’s declaration on the need for strong institutions, as opposed to strong personalities on the African continent. I actually do not think that both are mutually exclusive. We need strong personalities and strong institutions, to achieve our socio-economic and political growth. If there is one area in 2024 where we have seen tangible progress, specifically in our journey towards achieving a justice system that works in the interest of Nigerians, it is in the appointment of the Chief Justice of Nigeria complementing the earlier appointment of the Honourable Attorney-General of the Federation. This is worth celebrating, given our penchant for frequently insisting that square pegs can do the business of round holes. I will be the first to admit that the expectations of Justice Sector Stakeholders from both officeholders, now border on the unrealistic. I have read many postings from colleagues who, in their prophetic write-ups, proclaim that 2025 will be the year of inspired reforms across the justice and judicial sectors. On my part, I have advised caution. I have no doubt that there is ‘the will’ to make things happen. It is ‘the way’ that gives me concern. The frenzy for reform, must necessarily take into account the sobering reality of the present state of our administration of justice system. The jury is out, on whether there exists an appreciable number of agents of change in the sector to complement the zeal of the Chief Justice and the Honourable Attorney-General.

2025 in Perspective 

Looking ahead, I hope 2025 will be the year of tangible deliverables across the sector. Given my present role as Chairman of the Committee for the Review of the Laws of the Federation, delivery will start with me. I commit to delivering the 2004- 2024 Revised Laws of the Federation this year. Stakeholders’ and citizens’ law reform expectations are not limited to the Laws of the Federation; there is much anticipation about the ongoing constitutional review exercise. If the assurances given by the leadership of the National Assembly are anything to hold on to, 2025 will be the year when we will break the jinx of the uncompleted constitutional review exercise.  

Across the key justice sector institutions, expectations are rife. There is an emerging national consensus that our approaches to adjudication, policing, corrections and access to justice for the poor, need strategic interventions of a kind never seen before in the history of Nigeria. The Judiciary, the Nigeria Police and the Correctional Service, are important institutions in this regard. Citizens’ concerns about the Judiciary include congested caseload, the appointment of Judges, poor infrastructure and emerging concerns about judicial indiscipline, which often blurs the line with judicial corruption. All these have an impact on how the Judiciary is perceived. It, therefore, goes without saying, that the task before the Judiciary in 2025 is to deal decisively with public perception. 

Then there is the matter of the remuneration and conditions of service, of lower court officers. The status of Magistrates and their accompanying remuneration requires immediate attention.  Concerning the Nigeria Police, 2025 simply must be the year when more effort should be made to deal will public perception of corruption, impunity, absence of accountability, incompetence, and frequent failure to control the law-and-order situation. It must be obvious to all that, the Police cannot reform itself. Regrettably, the existing Police oversight institutions have all proved incapable of setting an actionable reform agenda for the Police. 

Presidential Leadership Required 

In 2025, President Tinubu should prioritise Police reform, utilising insights from numerous reports on the issue since 1999. A major development in 2024 was a change in the leadership of correctional services, as the institution’s reputation for transparency declined. The discovery of minors in adult facilities highlighted the need for reform, yet, a national inquiry into the broader issue remains absent. 

During my meeting with President Tinubu, he supported the idea of appointing a Chief Visitor of Correctional Services to ensure compliance with relevant laws. This appointment is urgently needed, as current monitoring systems lack formal reporting processes to Government authorities. Real change in correctional services, will require President Tinubu’s personal involvement in 2025.

Concluding Thoughts

The challenges facing our justice sector are significant, and it is understandable that stakeholders are frustrated. However, as we look toward 2025, it is essential to maintain our momentum for meaningful reforms, by continuing to advocate for transparency, accountability, and the rule of law. The road ahead may be difficult, but through sustained commitment and collective efforts, we can build a justice system that effectively and fairly serves all citizens.