Democracy thrives on principles such as equality, justice, and the rule of law. At its core, the justice system plays a pivotal role in upholding and safeguarding these democratic values. As we commemorate International Day of Democracy, it is essential to recognize the multifaceted significance of the justice system in sustainable development and democracy as well as some of the evident issues bedeviling the justice system in Nigeria.
The justice system, comprised of the courts, judges, lawyers, and law enforcement agencies, plays a pivotal role in ensuring stability and order. It provides a framework for resolving disputes, upholding the rule of law, and protecting the rights of individuals. No society can attain sustainable development if the justice system is redundant or undermined.
One key aspect of sustainable growth is economic development. An active and robust justice system is essential for creating an environment where businesses can thrive. It enforces contracts, protects rights, and ensures that economic transactions occur fairly. This attracts both domestic and foreign investments, fostering economic growth that benefits society as a whole.
Furthermore, the justice system acts as a safeguard against corruption and abuse of power. When wrongdoers are held accountable for their actions or inactions, a powerful message that unethical behaviour will not be tolerated is passed. This not only strengthens institutions but also bolsters public trust, a crucial element for sustainable development.
The Nigeria's justice system faces numerous challenges that have hindered its effectiveness. From the courts to lawyers, legislation, and law enforcement agencies, these issues have eroded the people's trust in the system. Some of these issues and challenges are identified.
THE COURTS IN NIGERIA
Slow Dispensation of Justice:
One of the most pressing issues in Nigeria's justice system is the sluggish pace of justice. In many States of the country, this is traced to the inadequate numbers of judges to preside over cases. The backlog of cases has resulted in prolonged litigation, leaving litigants frustrated and justice delayed. In some States, there is an alarming shortage of courts, forcing the few courts available to struggle in an ocean of cases.
Traditional Practices:
Most of the courts in Nigeria still rely heavily on traditional methods of practice, with limited adoption of technology to expedite legal processes. Embracing digital solutions could significantly enhance efficiency. From manual or handwritten recording of court proceedings which are always voluminous, to manual filing or records keeping by the Court.
It is important to point out that even most of the officers or staffs of the court; engaged in assisting the court in the dispensation of justice, are either not trained to adopt and adapt to technology in automating the court proceedings, or they do not have access to the relevant innovations or advanced technology to automate their tasks.
Allegations of Corruption:
In Nigeria, as in many countries, allegations of corruption within the judiciary is threatening to mar its reputation.
One of the most alarming allegations against certain judges in Nigeria is their involvement in cases where personal financial gain is at stake. These judges are accused of making decisions based on monetary inducements, favouring one party over the other.
Some judges have faced allegations of nepotism and favouritism when handling cases. This includes showing undue favour to friends, family members, or individuals with whom they share personal connections.
While these are all possible scenarios and an undeniably occurring menace, there are still very many good Judges putting in their best to uphold justice. Litigants and everyone has to understand that if there is an evidence of corruption by judges, there are mechanisms in place to discipline such judges. However, allegations should not be based on speculations, or the fact that a decision does not go in ones favour.
LAWYERS
Profit Over Justice:
Lawyers play a pivotal role in shaping the legal landscape and ensuring access to justice for all. They are pioneers of society's sustainable development. They are expected to act as advocates for justice, defending the rights of their clients while upholding ethical standards.
In the ancient times, the legal profession was referred to as a noble profession because it upholds the rule of law and was a profession for noblemen. It is still a noble profession because of the role it plays, and the high level of ethics which professionals are mandated to abide by. However, just like many other professions, the legal profession is now seemingly a profit-driven venture.
While lawyers are entitled to remuneration and their fees typically commensurate with their expertise and the complexity of the cases they handle. However, concerns arise when the pursuit of profit begins to overshadow the pursuit of justice. Some lawyers now employ tactics to intentionally delay or clog the wheel of justice.
Slow Adoption of Tech in Practice and Inadequate Continuing Legal Education:
Many lawyers in Nigeria have been slow to fully adopting technology in their practice, which can streamline legal processes and enhance effective service delivery. We therefore find a situation where some lawyers are not able to enhance their productivity and service delivery as they are still stuck in the traditional or analogue practice of law.
It is important to also note that continuing legal education and training are very important as the practice of law evolves. Lawyers must keep pace with new legal issues and developments. Many lawyers are gradually losing their essence or becoming obsolete as they are not keeping up with the world as it evolves.
LEGISLATION
Inadequate Laws:
Some laws in Nigeria are outdated, poorly drafted, or subject to manipulative interpretations. These outdated laws have not evolved to cater for the modern society's complexities.
Since the effectiveness of any legal system is contingent on the quality and relevance of its laws, the inadequate laws in Nigeria will most times result in legal uncertainty, making it challenging for individuals and businesses to understand their rights and obligations.
Inadequate laws can also hinder the dispensation of justice, as judges may struggle to interpret and apply the outdated or ambiguous statutes, even in the light of novel legal issues. Social injustices can also be perpetuated as a result of inadequate laws.
Economically, businesses can also be repressed as they may face legal hurdles due to outdated commercial laws, potentially impeding economic growth and foreign investment.
LAW ENFORCEMENT
Corruption and Inefficiency:
Some law enforcement agencies in Nigeria have faced allegations of corruption, leading to compromised investigations and a lack of trust among citizens. There is a striving culture of impunity amongst law enforcement agencies, and this culture is continuing to foster corruption and inefficiency, as well as shielding some of these corrupt law enforcement officers. We now have situations where law enforcement agencies who are supposed to be upholders of justice and the rule of law, actively violate the rule of law.
The persistence of this menace has eroded public trust in law enforcement agencies, undermining their legitimacy. Some law enforcers have been reported to engage in serious human rights violations, manipulations of justice and witch-hunting.
Since these law enforcement agencies are at the forefront of investigations and prosecution, there have been reported cases of evidence manipulations, unlawful arrests, and witness intimidation by some officers of these agencies. We now have a situation where the rights of the poor are particularly violated because of this culture of impunity. In this regards, some of these law enforcement officers work with the mindset that the ordinary citizen of Nigeria who is poor, is powerless, and as such they can do anything and get away with it. Apparently, Citizens who are connected or influential tend to feel above the law.
Lack of Training and Technology:
Adequate training and the provision of modern investigative tools are essential for law enforcement to carry out thorough and efficient investigations and other statutory functions.
The root cause of this issue is the government. It is very good that we have these law enforcement agencies in place, however it important that the officers of these agencies are well trained and evaluated to position them in the best position of enforcing the rule of law. Some of these officers who are very unprofessional in their dealings are still active in service, because of the faulty foundation upon which they were engaged.
Most of these law enforcement agencies are also not well equipped by the government to carry on their statutory functions. The irony is we all want to see the rule of law enforced in Nigeria, but this can never be possible until the effective means of enforcement are put in place.
For instance, pre-trial investigations by the Nigerian Police Force are quite limited, as a result of the inadequacy of the equipments at their disposal. We have had diverse events of deaths of citizens that could be avoided, and people are murdered without the cause of death or the killers known and brought to book. Even if the police wants to work, lack of forensics for instance makes it very difficult to gather enough evidence during trial. We now see situations where the law enforcement officers put so much reliance on witness statements, hearsay evidence and other evidence that they manage to pick up, which may or may not be able to secure a conviction.
The consequences includes, delayed trial; as it may become difficult to convince the court beyond reasonable doubt. We have seen situations of suspects who have been kept in prison for many years without trial. Worst is having criminals get away with crime because of the faults in the system, and innocent citizens suffering unjustly for crimes they did not commit.
While an extensive list of shortcomings within Nigeria's justice system could be enumerated, it is of paramount importance to focus on viable solutions to these issues. The imperative for sustainable change within the justice system calls for nothing short of a complete restructuring or overhaul. The entrenched problems have become so deeply rooted that they demand urgent and thorough attention. Continuous neglect of the justice system not only hinders sustainable development, but may one day completely jeopardize the very foundations of the rule of law.
In our courts, addressing these issues necessitates a multifaceted approach. Judges must undergo comprehensive retraining to meet the evolving challenges of our times. In instances where a shortage of judges exists, timely appointments must be made. We must recognize that judges are being appointed on occasional basis in Nigeria, but further efforts should be devoted to training or retrain both judges and other officers of the court.
Embracing the potential of technology in advancing seamless and more efficient court proceedings is imperative. This encompasses areas such as e-filing, virtual court hearing, automation in court processes, and electronic record-keeping. Such measures will enable judges to allocate more of their time to the delivery of justice, unburdened by manual tasks that can be streamlined through automation.
While a theoretical framework for disciplining errant judges is in place, robust implementation is necessary to prevent a handful of the errant judges from tarnishing the bench's reputation, ultimately eroding public trust and hindering the pursuit of justice.
Concerning lawyers, comprehensive training is essential. The newly admitted legal practitioners must be equipped to adopt and adapt to the evolving landscape, fostering a culture of ethics and professionalism. Seasoned lawyers should undergo periodic retraining to remain relevant in a world that constantly evolves.
It is worth commending the Nigerian Bar Association's Institute of Continuing Legal Education; for its current proactive stance in training lawyers across various legal domains. However, the scope of these efforts should remain boundless, recognizing that there is always room for improvement. Moreover, the Legal Practitioners Disciplinary Committee must actively play its role in holding erring lawyers accountable.
The legislature also requires a significant transformation, entailing the amendment and modernization of existing laws. Legislators must grasp the sanctity of their roles and comprehend that they are accountable for the well-being of the nation, not merely their own political interests or personal wealth accumulation. Robust mechanisms must be established to ensure legislators are held accountable for their actions.
Lastly, the complete restructuring extends to law enforcement agencies in Nigeria. Joining law enforcement should not be seen as a last resort for those grappling with unemployment, but rather as a critical institution safeguarding society, upon which salient obligations and ethics have to be upheld.
The government must empower these agencies and ensure they are equipped to provide comprehensive training to their officers. This training should encompass enforcement skills, professionalism, and psychological evaluations to determine officers' fitness and suitability for their roles.
Adequate remuneration is paramount, and infrastructure must be in place to support the effective functioning of these agencies. Regrettably, as an instance, Nigeria currently lacks government-powered surveillance systems, a significant gap that must be urgently addressed to enable law enforcement officers to efficiently fulfill their statutory duties effectively.
In our view, the imperative for restructuring is pressing, and the process must commence immediately, for time is of the essence. Delaying action until the Nigerian populace loses complete faith in the justice system would be ill-advised. It is important to emphasize that the issues and solutions presented here represent only a fraction of what is required to address the deficiencies within the justice system. This endeavour is a collective responsibility, involving the government, the Nigerian populace, and all stakeholders within the justice system.
