President Bola Tinubu and Senate President Godswill Akpabio, on Wednesday, asked the judiciary to commence a reform of the justice sector.
President Tinubu said the judiciary needed critical reforms to address systemic challenges and serve justice to Nigerians.
Speaking at the National Summit on Justice, 2024, held at the National Judicial Institute, Abuja, the President also demanded accountability from the judiciary.
In recent times, the judiciary has come under censure over the reported misconduct by some judicial officers, lawyers and litigants which has given rise to the clamour for reforms in the justice sector.
President Tinubu, represented by Vice President Kashim Shetimma at the summit, emphasised the urgency for policy innovation and legislative action to create a justice system that serves both current citizens and future generations.
“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”, President Tinubu said while declaring open the national summit.
The President said much could be achieved when institutions of the executive, legislature and judiciary unite to acknowledge their challenges and brainstorm to proffering solutions to the problems bedevilling Nigeria.
The VP’s Senior Special Assistant on Media and Communications, Stanley Nkwocha, revealed this in a statement on Wednesday titled, ‘President Tinubu to Judiciary: Our justice system must guarantee the well-being of Nigerians, economic growth’.
President Tinubu further urged the judiciary to align its activities within the tenets of his administration’s Renewed Hope Agenda, particularly as they relate “to the priorities on inclusivity, fairness, rule of law, and anti-corruption stance, among other things”.
Affirming his administration’s pledge to remain impartial and adhere to constitutional principles, President Tinubu said the summit availed institutions in the justice sector “with an opportunity to push boundaries by identifying needed system changes and critical reforms that would allow Nigerians to reap the benefits of huge investments in the sector”.
He explained that the Federal Government was determined to implement its policies and promises to Nigerians for a renewed hope through the instrumentality of the “law and the dictates of justice to create opportunities for our people”.
The President then outlined the preliminary measures he had taken to reposition the judiciary to support a just and rules-based Nigeria, saying his administration prioritised funding for the third arm of government, doubling it in the Renewed Hope budget 2024 compared to last year’s budget.
Other efforts to reposition the judiciary include a full complement of 21 Justices of the Supreme Court as required by law for the first time after many years and his approval of “a substantial increase in the salaries and emoluments of judges, which is currently undergoing legislative action”.
The President noted that despite progress 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”.
He observed that this is why continued reforms had become imperative.
“Justice sector leaders and professionals need to find the right responses to the challenges we face through policy innovation, citizen-centred reform, systems change, and legislative reform, where necessary.
“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 explained.
Earlier, Senate President Akpabio underscored the commitment of the National Assembly to a more vibrant and transformative justice system.
He assured participants that the legislature would play its part by deliberating on the outcome of the Summit to enshrine the outcomes into law.
Akpabio, who maintained that reforming the justice system was a moral imperative, suggested that critical recommendations for amendment or review should be highlighted and sent to the National Assembly to ensure a speedy and fair dispensation of justice.
Akpabio stated, “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 we harness its potential within our judicial processes to enhance speed and transparency”.
Speaking further, he gave the assurance of the support of the National Assembly in ensuring provisions are made where 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.
“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.
Akpabio also said the abuse of ex parte orders in political cases by judges should be curbed.
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 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 sections of the 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 judgment 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.
“Finally, we must try and curb the misuse of ex parte orders in political cases by our judges. To curb it, it is imperative that the National Judicial Council exercises stringent oversight. We recommend prompt and decisive punishment for judges who are found to abuse their authority in this manner”.
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, said undertaking a holistic reform of the sector had become necessary as “constitutional, statutory and operational reforms in the justice sector is imperative in meeting the aspirations and yearnings of the general public”.
The jurist attributed most of the achievements recorded in the judiciary to the support of the President Tinubu administration, especially in enhancing the welfare of judicial officers and improving their working environment.
Justice Ariwoola lamented the lack of access to justice by the majority of Nigerians saying, “Access to justice remains a distant reality for far too many Nigerians, with barriers ranging from procedural complexities to socio-economic disparities. The quest for justice should not be a privilege reserved for the few, but a right accessible to all, regardless of their circumstances.
‘’Therefore, it is incumbent upon us to embark on a journey of comprehensive reform to ensure that justice is not only dispensed but also perceived to be dispensed fairly and impartially”.
On his part, the AGF and Minister of Justice, Lateef Fagbemi (SAN), emphasised the significance of the revised draft national policy on justice, noting that building a national consensus on the advancement of the justice sector has become necessary.
The President of the Nigerian Bar Association, Yakubu Maikyau (SAN), commended leaders in the justice sector for convening the Summit and noted that reforming practices and mechanisms for operations in the sector was critical to the overall economic transformation of the country.
In his keynote address, a former Chief Justice of Kenya, Dr Willy Mutunga, argued that developing an African-based jurisprudence will go a long way in restoring the people’s confidence in the judiciary.
