Senator Godswill Akpabio, the Senate President of Nigeria, has called on the National Judicial Council to stop judges from misusing ex parte orders.
He also emphasized the need for technology to be integrated into Nigeria’s justice system. This, he explained, could help address the current issue of delays and backlogs being experienced in the nation’s justice sector, similar to how technology has benefited other sectors.
Akpabio stated during the National Summit on Justice 2024, held in Abuja that judges' misuse of ex parte orders in political cases needs to be addressed. He recommended that the National Judicial Council should closely monitor this and take strong action against judges found abusing their authority in this way. Akpabio highlighted the impact of delays on the justice system, making it seem inaccessible.
He also acknowledged the delays and backlogs affecting the courts, which not only lead to delayed justice but also undermine confidence in the judicial system.
Akpabio pointed out that these delays negatively affect vulnerable members of society, leading to a perception of inaccessible and inefficient justice. He stressed the importance of leveraging technology to improve the speed and transparency of judicial processes, considering the advancements it has brought to various sectors.
NASS is committed to providing the necessary provisions for successful judicial reforms, as mentioned by Akpabio, to modernize the judicial system for the 21st century.
He further stated that the National Assembly is dedicated to allocating budget resources for judicial reforms, including the adoption of digital tools for more efficient case management and ensuring timely and fair administration of justice.
Akpabio called for collective support from stakeholders, including those in the legislative, executive, and judicial branches, to facilitate these crucial reforms and establish a justice system suitable for the 21st century.
The Senate President also highlighted the need for reforms in specific areas that are causing concern.
He emphasized the need for reforms in interlocutory appeals, seeking the Attorney General of the Federation's permission before executing judgments, and putting an end to the misuse of ex parte orders in political cases by judges.
Akpabio reiterated the importance of addressing specific justice sector reforms, particularly focusing on crucial areas that are causing concern for many Nigerians.
He stressed the necessity of reforming the approach to interlocutory appeals in civil cases to minimize unnecessary delays and lighten the burden on the courts. Similar to the changes made in criminal jurisprudence, he proposed that all appeals in civil cases should be delayed until the conclusion of the substantive case, aiming to expedite judicial processes and reduce backlog.
“Another area that needs immediate change is the requirement to get the Attorney General’s consent before carrying out judgments. This requirement often causes delays and weakens the independence of our judicial system. We suggest changing this requirement to make the execution of judgments faster, which will improve the efficiency and effectiveness of our justice system. We understand the reason for needing the Attorney General’s consent, which is to prevent the government from using designated funds to pay off a judgment debt without the government's knowledge. To improve efficiency while keeping necessary checks, we suggest replacing the need for the Attorney General’s consent with a mandatory notification system. When the government receives a judgment against it, the relevant authorities will promptly inform the Attorney General in writing.
“After the notification, the Attorney General will have a set time, for example 30 days, to respond. The response could involve starting an appeal or resolving the matter directly. This time frame ensures quick action and prevents unnecessary delays in providing justice.
“If there is no response from the Attorney General within this time frame, the judgment will be executed automatically. This measure is important to prevent delays and ensure that judgments are respected and enforced promptly. When the judgment comes from a final court, the option to appeal is not available. Therefore, the Attorney General’s response would be mainly focused on resolving the matter. This approach ensures that the government acts responsibly as a litigant and respects the decisions of our highest court. Reforms like this help build trust in the justice system and enhance the overall efficiency of legal proceedings involving the government.”
