Lawyers want judges’ vacation shelved after judiciary suffer many delays

Kolawole Bright, (not real name) is a 19-year-old inmate at the Ikoyi Correction Centre. Since January 2018, he has been awaiting trial over an alleged rape after he had pleaded not guilty to the charge before the Special Offences Court at the Ikeja High court.

Although the 1999 Nigerian Constitution presume that he is innocent until proven guilty, he was denied bail and from 2020 till date, he only got an opportunity to be taken before a judge once. There are however many other awaiting trial inmates who did not get such an opportunity.

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It was gathered that the condition at the detention cells of the police, EFCC, NDLEA and other law enforcement agencies, are not encouraging.

First, it was the coronavirus (COVID-19) pandemic, then followed the #EndSARS protests and its aftermath that saw the burning of courts and case files. Now, it is the five-weeks-old Judiciary Staff Union of Nigeria (JUSUN) the nationwide strike embarked upon by judiciary staff demanding for autonomy for the judiciary. The implication of this is that courts are again shut down, thereby halting the activities there.

One of the adverse effects of all these is that there are thousands of civil and criminal cases that now suffer delay while other case files are either burnt or could no longer be located. Today, some lawyers have turned into taxi drivers, while others now engage in various means of livelihood.

Meanwhile, there is the likelihood of an impending shutdown of courts nationwide, for the next two months, because it is the time of the year when judicial officers (judges) proceed on their annual long vacation.

It is against this background that major stakeholders in the justice sector have started to argue whether or not the 2021 annual court vacation is desirable, bearing in mind that some judges have made advance plans to travel abroad for their annual vacation.

Sebastine Hon (SAN), during a telephone interview with Daily Trust over the weekend said that there is no need for this year’s annual vacation because the judges themselves have been forced to rest. He implored the judges to consider the plight of hapless litigants and consider it a patriotic sacrifice and use that period to cover lost ground.

Bayo Akinlade, immediate past chairman, Nigerian Bar Association (NBA), Ikorodu branch, said that the judges should go on their annual vacation if they want to go since the practice have already been institutionalised.

He however added that “It will be good for the general public if they (judges) can sacrifice this time around, so as to help litigants.”

He said he spoke with judges who claimed they are currently writing rulings and judgments and reading their case files, which according to them are already too much and very hard for them.

He mentioned that magistrates do not go on vacation, yet many lawyers do not practise at the magistrate’s courts.

Judiciary Annual vacation

A former second vice president of the NBA and the chairman Conference Planning Committee of the NBA Section on Public Interest and Development Law, Mr. Monday Ubani, said the judiciary should not embark on its usual annual vacation for this year.

“It is my opinion that when the courts resume, if possible, they should forgo the annual vacation for this year. They are already on vacation as far as I am concerned,” he said.

“I believe this is necessary in order for them to attend to all the cases, which have been piling up. The administration of justice in Nigeria is very slow and the ongoing strike is worsening the situation.

“I have up to five cases of people who have been languishing in Ikoyi and Kirikiri prisons. Some of them have been there for about seven years. Their matters have not come up for the trial and it is obvious that the current strike is affecting them adversely.

“There are numerous cases like these all over the country. A lot of people have been arrested by the police and their matters cannot be taken to court, even for bail applications.

“Apart from criminal cases, there are also civil cases on land, contract, maritime, aviation and constitutional issues. The strike is affecting every sphere of legal practice. For example, Baba Ijesha cannot be taken to court until the strike is called off, he will have to remain in detention. This also applies to the alleged killer of Ini Umoren.

“These are just a few of the important cases the courts have to deal with once they resume their duties.”

Daily Trust investigations reveal that if the judiciary is interested in cutting trial delays, it must now walk the talk and introduce reforms that remove all the factors that occasion delays in the trial system.

Access to Justice (A2J) Convener, Joseph Otteh, had earlier said that it was insensitive for courts across the country to embark on annual vacation since 2020 when several cases affected by COVID-19 nationwide lockdown remain unattended to.

Taking vacations after long suspension of court sittings is not right and gives the wrong message about the judiciary’s commitment to delivering justice.