Going To Court Is A Civil Right! By Obiotika Wilfred Toochukwu
Sir Walter Raleigh, a poet and a soldier, wrote in the 15th century in “The Soul’s Errand”; ‘Go, tell the Court it glows and shines like rotten wood’. It may not necessarily be an abuse but it denotes the rate of injustice prevailing over the court.
At that time, the court could no longer meet the standard of natural justice, equity and fairness due to corrupt tendencies. In our age and time, the court which should have been the last resort of the common man, is filled with miscarriages, and delays of justice thereby making life miserable, unbearable and regrettable. Every lawyer talks about difficulties in getting criminal justice in Nigeria. The delays in getting justice are what has atrophied the judiciary as a veritable organ of governance. The recent cases of Evans – the notorious kidnapper and Abba Kyari – the aiding and abetting police officer would signify the nature of getting justice in Nigeria, especially in criminal matters.
In the same vein, Nigerians went to the polls in the first quarter of 2023 and the electoral cases are still being decided in the various tribunals and appeal courts throughout the country. The Supreme Court has again started proceedings and hearings on the 2023 presidential election petitions and the Nigerian masses are watching. Some of the pending electoral matters have been shifted to Abuja, Lagos due to insecurity and logistics. The 2023 presidential election has been a very sensible issue that the courts are yet to give judgment on.
Nigeria has become a peculiar case because her practice of democracy has snowballed into ‘judocracy’. After every democratic election in Nigeria, even when the electoral commission has announced the results; the masses will have to wait for the courts, and election petition tribunals to determine the actual winner. The ruling political party had taunted the opposition with the ‘Go to Court’ slogan in a flawed election that lacked transparency. The situation has hoodwinked the appeal court justices leading to delay or miscarriage of justice.
Furthermore, it was the Greek philosopher, Heraclitus who said; “If it were not for injustice, man would not know justice.” And Benjamin Franklin said; “Without justice, courage is weak. Nigeria is actually sitting on a keg of gunpowder which might explode any time. We have often heard preachers tell us that when your blessings are delayed, it does not mean denied and that when God tells you no, it does not translate to never. Needless to say, without justice there can never be peace and progress. We are terrestrial, not celestial; mortal not immortal. And we have witnessed a condition where the most wicked, corrupt and oppressive entities live largely and prosper. It emphasizes the necessity of timely and efficient delivery of justice. When the legal system/structure in a country fails to provide justice in a timely manner, it can lead to frustration, death, loss of faith in the judiciary and even escalate injustice.
Unfortunately, from 2015 to 2023, Nigerians have had cause to refer to Malcolm Forbes, who said; “When things are bad, we take a bit of comfort in the thought that they could always be worse. And when they are, we find hope in the thought that things are so bad they have to get better”. The change mantra of 2015 was a betrayal and treachery and the renewed hope of 2023 cannot give breath even of polluted air. The situation of the country would collapse the entity and the nation of Nigeria if nothing drastic is done. The legal maxim, “Justice delayed is justice denied” stresses the timely resolution, and adjudication given to the injured, oppressed or neglected which if not forthcoming is the same as no remedy at all.
It must not be forgotten that problems with the administration of justice in Nigeria include but are not limited to executive suppression and intimidation of the judiciary, pervasive corruption, insecurity and poor standard of legal education. The time factor in the delivery of justice is paramount. The purpose of the criminal law is the prevention of crime. With the delay, neglect and silence; time heals and makes people forget and forgive. The Courts must take cognizance that the longer it takes to deliver judgment, the less effective and impactful the outcome will be. The presidential election in Kenya was ultimately annulled by the Supreme Court in 2017 after a two-week delay.
Notably, “No Coffin No Grave” is a poem by Jared Angira that satirizes the corrupt nature of African politicians in their drunkenness with power as they loot away the resources that were meant for the benefit of all. The final end of the greedy ruler was never anticipated even though no one dared to speak out of his evil for fear of the consequences. Buhari told Nigerians in 2015 that they should kill corruption or it will kill Nigeria.
To avoid negative outcomes, it is crucial for Nigeria to have efficient and transparent mechanisms for resolving electoral disputes in a timely manner. The right to fair trial is a civil right but the process and final judgment are subject to human errors and foibles.
Nigeria has gotten to the level of upright judiciary and impeccable courts but the pendulum dangles and swings uncontrollably. Delayed justice can also lead to increased crime rates. The free operation of terrorists, and bandits without prosecution has resulted in continuous killing, and destruction of property all over the country.
Well-meaning Nigerians lose huge sums of money and cherished possessions due to delay and untimely delivery of justice. So far, the political instability has deterred foreign investment and economic growth. Money that could have been used for infrastructural development and philanthropy is wasted on lengthy legal battles. The delay has caused and engineered more electoral fraud. It is granted that the public trust in the electoral process has been completely eroded.
