“Justice Must Never Be A Casualty”: NBA President Advocates Reforms At Annual Justices Conference Of The Court Of Appeal”
The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has called for robust reforms to address the challenges plaguing Nigeria’s judiciary, particularly its criminal justice system. Speaking at the 2024/2025 Justices Annual Conference of the Court of Appeal, Osigwe emphasised the need for judicial introspection to restore public confidence in the system.
Delivering his address under the theme “Judicial Introspection,” Osigwe highlighted the critical role of the judiciary in maintaining justice, equity, and impartiality, while acknowledging the public’s growing discontent with the judiciary’s perceived inefficiencies.
The NBA President outlined systemic issues confronting the judiciary, including executive interference, slow trial processes, inconsistent decisions, and lawyers’ unethical practices. He referenced comments made by the Inspector-General of Police, Kayode Egbetokun, who recently described Nigeria’s criminal justice system as “weak and sick” and called for an overhaul.
Osigwe attributed some of the challenges to:
– Judicial Independence: Undue influence and intimidation of judges by government agencies.
– Delays in Criminal Trials: Slow processes exploited by lawyers and inefficient investigations by law enforcement agencies.
– Public Confidence: A perception of the judiciary as weak and susceptible to manipulation.
– Professional Misconduct: Frivolous applications and appeals by lawyers, as well as delays in case preparation.
He further criticised the misuse of appellate processes by lawyers pursuing the rank of Senior Advocate of Nigeria (SAN), calling for stricter measures to deter frivolous litigation.
Osigwe advocated for greater judicial independence, emphasizing that judges must operate free from external pressures to uphold the rule of law. He cited the words of Lord Atkin in *Liversidge v. Anderson* to underscore the judiciary’s role as a check against executive overreach, even in difficult times.
On technology, the NBA President praised the Court of Appeal’s strides in adopting virtual hearings and e-filing but urged the judiciary to go further. He recommended full automation of judicial processes, robust case management systems, and the implementation of specific time slots for hearings to reduce delays and costs.
Osigwe expressed concern over the closure of Court of Appeal divisions in Awka, Owerri, and Enugu due to insecurity. While prioritizing the safety of judicial officers and litigants, he called on regional governors to assert authority and ensure security in their states. He suggested innovative solutions such as virtual hearings, temporary relocations, or mobile courts to maintain access to justice.
The NBA President stressed the importance of integrity within the judiciary and legal profession. He urged judges to conduct proceedings with fairness and efficiency and called on the Bar to uphold its responsibilities by eliminating corruption and indiscipline among its ranks. “The integrity of the judge and the judiciary is a sacred public trust that must be protected and upheld by all,” he said.
Osigwe reaffirmed the NBA’s commitment to collaborating with the judiciary to implement necessary reforms. He called on all stakeholders to work together to strengthen public trust in the judiciary. “The Court of Appeal is a critical institution in our democracy, and its ability to uphold the principles of justice will continually shape the future of our nation,” he concluded.
The Justices Annual Conference, which gathers members of the judiciary and legal professionals, serves as a platform to evaluate progress and chart a course for effective justice delivery in Nigeria.
