By Abba -Eku Onyeka, Abuja
A seasoned legal practitioner with 45 years of experience, Amobi Nzelu Esq has expressed deep concern over the current state of the judiciary in Nigeria. With a rich history in the legal profession, the Principal Partner of Amobi Nzelu & Co is eminently qualified to speak on the issues plaguing the judiciary.
This is a part of a letter to he wrote and sent to Nigeria’s President Bola Ahmed Bola Tinubu recently.
Recalling the early days of their career, the lawyer noted that in 1980, only about 500 individuals were admitted as solicitors and advocates of the Supreme Court of Nigeria. In contrast, he went on, today’s admission numbers have skyrocketed to over 2,000 per call, with roll call numbers now stretching to six digits.
The lawyer’s concerns are rooted in the judiciary’s dwindling reputation. “What is going on in the judiciary today is very worrisome. The last hope of an ordinary man is on trial, and the accuser is the oppressed masses. The judiciary’s image has been severely tarnished by self-inflicted injuries, leading to a decline in its glamour and public trust,” he noted with disapproval.
Furthermore, Amobi Nzelu highlighted the uncertainty surrounding judgments delivered by courts of coordinate jurisdiction on the same issue. This unpredictability has eroded confidence in the judiciary’s ability to provide fair and consistent justice.
The National Judicial Council (NJC), according to him has been working to address some of these concerns. He said that in 2023, the NJC recommended the appointment of 11 Supreme Court Justices, one Justice of the Court of Appeal, and several other judicial officers. Additionally, the NJC, he went on, has emphasized the importance of integrity and transparency within the judiciary.
“More needs to be done to restore the judiciary’s reputation and ensure that justice is served. Originally, when you are seized with the facts of a matter, look at the applicable laws, not forgetting the advocacy of the lawyers, you will be able to provide fair and just judgments.
“The judiciary’s challenges are complex and multifaceted. Addressing these issues will require a concerted effort from all stakeholders, including the NJC, legal practitioners, and the government. Only through collective action can the judiciary be restored to its former glory and provide the fair and just justice that Nigerians deserve,” Nzelu observed.
Still decrying the decaying condition of the judiciary in Nigeria, the senior lawyer had this to say: “The Nigerian judiciary is facing a crisis of confidence, with the quality of judgments from the bench greatly depreciated. The same facts, applicable laws, and advocacy can lead to different judgments, sometimes provocative and rulings. This has led to a situation where all Nigerians are entitled to judgments, but few are entitled to justice.
“The judiciary’s reputation has been tarnished by self-inflicted injuries, and the cliché ‘go to court’ has become a mockery statement. However, there are still some judgments that are above board, where justice is not only done but manifestly seen to be done.
The reasons for the decline in the quality of judgments are not far-fetched. Overbearing pressure on the judiciary by their paymasters, lack of courage to say no to those pressures, and the character and quality of those recruited and being recruited into the bench have all contributed to the rot in the judiciary.”
He continued: “A veteran lawyer shares their experience of appearing before a High Court Judge in Abuja, where the judge granted all prayers, including N500 million damages against the Police, without proper procedure. The lawyer had to educate the judge on the appropriate order to be made at that stage. Another instance is cited where a judge ruled on a matter without proper processes, joining parties without names or documentation. The lawyer intervened, correcting the judge and advising on the proper course of action.
“The quota system, which prioritizes mediocrity over merit, is identified as a major obstacle to a focused and seasoned judiciary. The Supreme Court of Nigeria is still handling cases from 2011 to 2013, indicating a backlog of over 10 years. To address these challenges, the lawyer suggests establishing seven Supreme Courts in Nigeria, one for each geopolitical zone, to facilitate quicker dispensation of justice. Each zone would have its own Supreme Court, headed by a Chief Justice, to handle cases from the Magistrate Court, Customary Courts, High Courts, and Courts of Appeal within that zone.
“This proposal requires constitutional amendments and an executive bill to effect the changes. The lawyer urges the sponsorship of such a bill to restore confidence in the judiciary and ensure that justice is served. The stakes are high, and the consequences of inaction could be catastrophic. If the ordinary Nigerian loses faith in the judiciary, it could lead to chaos, anarchy, and civil disobedience. The time to act is now, to prevent a collapse of the justice system and ensure that Nigeria’s democracy endures.”
