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JUDICIAL REFORM IN THE FEDERAL HIGH COURT
OF NIGERIA
BEING A PAPER PRESENTED BY HON. JUSTICE I. N.
AUTA (OFR)
CHIEF JUDGE
FEDERAL HIGH COURT OF NIGERIA
BAR- BENCH FORUMN SESSION AT THE 2015
ANNUAL GENERAL CONFERENCE OF THE NIGERIAN
BAR ASSOCIATION
ON 25TH AUGUST 2015
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Introduction I believe judicial reform generally is an act that is of
interest to everybody in the legal and judicial system.
This is so because it is widely accepted that if the judiciary
fails there is no hope for the common man, as it is more
popularly said that “judiciary is the last hope of the
common man”. What then is reform? To reform according
to the Oxford Advanced Learner’s Dictionary is to “make
changes in something or practice, especially an institution
in order to improve it”. Judicial reform therefore means
those changes that are made to the already existing
judicial system in order to improve. As I have said earlier
because of the importance of the judicial system to the
common man, it is important that the judiciary more than
any arm of government pays attention to reforms. You
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can all agree with me that the challenges of justice
delivery in the 21st Century are daunting and huge. The
pace at which the world is moving is so fast and the
judiciary has to keep up with it in order to be able to
dispense justice effectively and efficiently. This is why
there has to be constant reforms (changes) and
improvement in the judicial process to be able to keep up
with the 21st Century world now referred to as a global
village.
This paper is basically about such judicial reforms in the
Federal High Court of Nigeria. The Federal High Court is a
unique court that plays an indispensable judicial role in
our collective quest for the effective and timely
dispensation of justice. The jurisdiction of the Court is
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unique and enviable which puts it in a position that is
pertinent to the growth of our ever evolving democracy
and jurisprudence.
In this short paper, I will go through a brief history of the
Federal High Court, focus on the challenges which the
Court has encountered that led to reforms or need for
reforms, a look at some of the few reforms and I will
conclude with some suggestions on the way forward.
Part I - History of the Federal High Court
The Federal Revenue Court (as the Federal High Court
was then called) was established by the Federal Revenue
Act 1973 (1973 No. 13). The Court was renamed the
“Federal High Court” by Section 230 (2) of the 1979
Constitution of the Federal Republic of Nigeria. From its
inception, controversy over its jurisdiction dogged the
Court. However, such controversy was finally settled with
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the enactment of the Federal High Court (Amendment
Decree 1991 No. 60) which conferred exclusive jurisdiction
on the Court in relation to the subject-matter covered by
that Act. The Federal High Court jurisdiction as enshrined
in Section 251 (a) to (s) of the 1999 Constitution of the
Federal Republic of Nigeria (As Amended) covers Civil
Causes and Matters and Criminal matters related to the
jurisdiction. Such as Aviation, Admiralty, Customs and
Excise duty, Drugs, Revenue and many more before the
Court. The Federal High Court has recorded impressive
growth since its inception in 1973. From the pioneering
Five Judges, the Court now has over fifty Judges with
Judicial Divisions spread across the Country.
Part II - Challenges of the Court
The Federal High Court as part of the judiciary has her fair
share of the many challenges of the judiciary in this
country. I will only highlight a few of them.
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Personally I am of the opinion that delay in the
dispensation of Justice is perhaps the most worrisome
challenge facing the judiciary. I believe once the citizens
lack the belief in the judicial system, because they believe
the justice if delivered will be delayed; nobody will take
their grievances to Court. The saying that “justice delayed
is justice denied” is a truism. It is no longer strange to
hear most Nigerians say, to seek redress in our courts is a
waste of time, because such relief may not come during
your life time. A lot of factors contribute to this delay,
take for instance some divisions of Federal High Court
have over 10,000 case files with less than 10 Judges; only
supernatural human beings will be able to clear their
dockets. We cannot overlook the attitude of the major
players which are the lawyers, litigants and judicial
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officers. Like I have said in various fora before this, the
main cause of delay in justice delivery in this country is
our lawyers. I know a lot of you here will not be happy
hearing this but it is the truth. If two lawyers on opposing
sides are determined to fast-track a case no manner of
obstacle can delay the case. Even the counsel can put the
Judge on his toes if they both want the case to move
forward. What we see however is counsel filing irrelevant
and unnecessary motions to delay cases and the Judge
must hear them and rule in order to satisfy the principle of
fair hearing, thereby occasioning delay in the cases. One
would assume that they take so much glory in how long
the case lasts in court not minding their clients
impecunious financial disposition and the damage to our
jurisprudence. We need to change the mindset of our
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lawyers from devising strategies to delay cases such as
seeking unnecessary adjournments for flimsy reasons. We
have to also admit sadly that some judicial officers are
lazy and this causes a lot of delay. Coupled with this is
the fact that our courts are ill-equipped and lack the basic
necessities such as court reporters, digital reporters and
research assistants. This means the Judge will have to
record in long-hand, research and write Judgments. In
this era of so many cases it is difficult to meet up with
their obvious challenges. Another reason for delay in our
courts is the attitude of some of our Government agencies
that prosecute cases. They often rush to courts with
charges but abandon the cases due to lack of proper
investigation.
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Another challenge facing the court is the lack of
acceptance of information technology by many. It is
unbelievable the level of unawareness by many of the
relevance of I. T. to the judicial system. In Nigeria we still
find that majority of our courts still use full manual
methods. This is not only archaic but slows down the
wheel of justice delivery. Until we fully accept that I. T.
has come to stay and is the only way to fast-track our
cases we cannot make meaningful progress.
We cannot talk of the problems of the judiciary without
citing the poor funding of this critical arm of government.
Take for instance for the past few years the budget of the
Federal High Court has been reviewed downwardly
consistently. This affects the standard of justice in the
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courts as it affects the welfare of Judges and their working
condition. It also affects the court from making plans that
will affect the delivery of justice. I think the main problem
of the judiciary is the delay in the dispensation of justice.
This is so because it ultimately affects the faith of the
common man in the judiciary. It is a matter of serious
concern if the general public loses confidence in the courts
as this will result to resorting to jungle justice.
Part III - Some notable reforms
The growth of the Federal High Court has been
remarkable since its inception in 1973. The Court has
seen so many reforms over the years to meet up to the
growth and development of the society; some of the
notable ones are highlighted below.
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(1) The Federal High Court Civil Procedure Rules (2009)
Order I Rule 4 of the Rules state that “the
fundamental objective of these Rules is, just and
expeditious disposition of cases” the need to make a
new set of Rules was based on the technical
loopholes in the former rules. The Rules had to be
reformed to take care of some of the Orders which
Lawyers can hide under to technically delay cases.
One of such reforms is the front loading of cases as
provided for under Order 3 Rule 3 which made it
mandatory to accompany originating process with all
other documents. The effect of this is that it saves
the time of the Court, it reduces writing for the
Judges and prevents lawyers from springing up
surprises on the other party. The Rules also made
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provisions for the establishment of communications
and service centre for e-filing in Order 58. As I have
said earlier the world is fast evolving into an ICT
world. The Court must move along or would be left
behind. In line with the provision of that Order the
Federal High Court last year launched its e-filing
department. The implementation is rather slow for
now, but this is due to the budgetary challenges of
the Court, and lack of awareness by counsels and
litigants.
(2) Another notable reform of the Court is the practice
direction on criminal trials relating to offences of
terrorism, kidnapping, trafficking in persons, rape,
corruption and money laundering of 2013.
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The main objective of the practice direction is simply
put “ to eliminate unnecessary delay and expense for
the parties involved in the court justice system”
criminal matters are usually matters of delicate
circumstances of which time is always of the
paramount importance. It usually involves
infringement on rights, freedom and most ultimately
could involve life, and therefore any sort of delay
could be extremely prejudicial to any of the parties.
Therefore to ensure speedy dispensation of justice
the practice direction provides that parties focus on
maters which are genuinely in issue, minimize the
time spent at trials dealing with interlocutory matters.
Settlement is encouraged and to minimize any undue
adjournments and delays. Ensuring that hearing is
not stalled by unpreparedness of the court or the
parties and that the case is fully ready for trial before
hearing dates are fixed.
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The practice direction provides that a complainant
should file an accompanying affidavit with a charge
stating that all investigations into a matter had been
concluded and a prima facie case exists. On the date
of first arraignment the prosecutor is compelled to
provide the accused person in court. On preliminary
objections, the court is directed to deliver ruling
within 14 days, and parties are prohibited from
serving applications on another party on a hearing
date. The use of electronic mail and other electronic
means is encouraged by the practice direction to
ensure that all parties are informed of urgent court
and case events.
The above directions in respect of filing a charge will
eradicate unnecessary delays caused by prosecution
who fail to produce accused persons in court, and the
accompanying affidavit will ensure that all
investigations are concluded by the prosecution
before a case is brought before the court.
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The practice direction also provided specific duties on
the prosecution and defence.
The prosecution is mandated to serve copies of the
statements of evidence and documentary exhibits
upon the defence 7 days before the arraignment and
a written summary of all evidence and further
evidence which is to be relied upon. These provisions
will assist the judge to carry out a prior analysis of
the evidence to be relied upon in the case; parties
can also settle some issues relating to evidence at this
stage, thus saving the time of the court.
The defence is directed to specify in writing the
defence it will raise and the aspect of the
prosecution’s case which he will challenge and those
he agrees with. He must also state in writing which
witnesses he will require for cross examination, and
why.
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The practice directions were therefore released to
hasten the prompt dispensation of the trial of these
particular sensitive offences.
The practice directions will ensure that it is practically
impossible for any of the parties to delay trial, and
therefore a proper case management can be
achieved.
This in addition to the day to day hearing of cases by
EFCC, ICPC and SSS are all aimed at speedy disposal
of cases.
(3) The Amendment to Order 48 Rule 4 of the Civil
Procedure Rules of the Court is also a notable reform.
It provides for the payment of the fee of N1000.00 for
default in filing processes. I know a lot of people
(especially lawyers) are not happy with this
amendment. The logic behind the amendment is not
to generate money nor is it aimed at punishing
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counsel or parties. It is aimed at making counsel live
up to their responsibilities to their clients and the
Court. But since the rule came into force, we have
seen a remarkable decrease in the number of late
filings by lawyers. A comparison with other
jurisdiction even shows that the N1,000 is low
compared to other jurisdictions. It is pertinent to note
that some government agencies have applied for
waiver on this issue of penalty for late filing. To grant
this request will definitely defeat the aim of the
enactment. As the main culprit, in this matter of late
filing are government agencies and their parastatals.
However in deserving cases it may be considered
(4) The Nigeria Civil Aviation Procedure Rules of 2013 is
another reform of the Federal High Court. The Rules
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was drafted to facilitate and accelerate litigation in
Aviation matters. It will interest you to note that
there has never been a civil procedure rules for
aviation in this country. Aviation civil procedure and
processes were initially brought under the Admiralty
Jurisdiction Procedure Rules. Part C of the Admiralty
Jurisdiction Procedure Rules provides for Aviation
Rules; Order 19 Rule 1 provides that:
“Subject to the provisions of these Rules and of all
laws, conventions, treaties, protocols and
understandings on aviation matters as domesticated
in Nigeria and contained in the Federal Civil Aviation
Act, all claims relating to aviation shall be instituted
and prosecuted in accordance with the Federal High
Court (Civil Procedure) Rules”.
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I considered that it will not do justice to an industry
as important as the Aviation industry if there are no
specific Rules regulating it.
The advantage of the Rules is that it will attract
foreign investors, as they will be aware that their
interests will be protected. A major fear exercised by
investors generally is the fear of prolonged litigation,
which is particularly dreaded in an industry such as
aviation where time means a lot of money. With the
new Rules foreign and indigenous investors are sure
that their cases will be handled expeditiously, as the
provisions of the Rule is now clear and devoid of
ambiguity.
(5) Another reform is the Asset Management Corporation
of Nigeria (AMCON) Practice Direction 2013 which
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fundamental objective is to enable the Court deal with
AMCON cases quickly and efficiently. One of the
notable reforms is a provision of AMCON track Judge
and AMCON track Court which is designated to hear
AMCON claims exclusively. This will enable quick and
efficient disposal of AMCON cases, which is the sector
that is very important in the growth of our economy.
Part IV - Way Forward
Now that we know that delay in our justice delivery
system is gaining unnecessary ‘popularity’ in the
international community, how do we then minimize
delay? In my opinion, it is the duty of each and every one
of us as stakeholders in the justice delivery system,
namely Lawyers, Judges, Court Staff, Litigants and the
Government to come to the realization that justice delivery
system is fraught with delay and that the system is not
efficient in the discharge of its constitutional duty. Upon
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this realization, we all should then consciously take active
steps in our different ways to minimize delay.
I have highlighted the problems and challenges of the
Court, as well as some notable reforms aimed at tackling
these challenges. In the near future the following reforms
are on my mind to further reform the Federal High Court.
1. Trial in civil cases should continue from day to day,
unopposed applications should be settled between
counsel and agreed bundle of documents filed
before trial.
2. Counsel should agree two or three adjournment
dates with the court registrar before the Court sits.
The Judge will thereafter adjourn to any of the
dates agreed to avoid the back and forth issue of
agreement on date.
3. In the Federal High Court we are taking a leading
role in computerizing our Courts, in the coming
years with new technological gadgets. We hope to
attach a Court Reporter and a research assistant to
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all the Judges of the Court. This however is largely
dependent on the availability of funds which has
persuaded me to recommend that the full financial
autonomy of the judiciary be fully implemented. I
implore the NBA to make sure they demand the
financial autonomy of the judiciary to free the
Courts from the grasps of politicians especially in
the states.
4. Rules of Court must be reformed continually to
meet up with Global changes. It is also proposed
that Court should set up a case management
department, that will work with the Court diaries
and counsel to fast track cases. This is the practice
in developed jurisdictions to avoid unnecessary
delays.
5. The Nigeria Bar Association and the Court should
work closely to impose strict sanctions on lawyers
and counsel who abuse Court Processes. More
severe punishments like suspension from practice
or complete debarment of some lawyers that
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intentionally frustrate the Courts by the filing of
frivolous cases should be constituted. In some
jurisdictions a lawyer that files a case on trial date
or ask for frivolous adjournments will face the
disciplinary committee. This standard must be
borrowed and only the NBA can educate lawyers,
that there is no glory in continually keeping a case
in Court.
6. More training is proposed for Judges and their
support staff, to improve their knowledge and get
the best out of them. This we are doing in the
Federal High Court.
Conclusion
Let me conclude by saying that no amount of reform we
put in place will have any desired effect if we do not
change the mindset of our lawyers. It is therefore up to
the Nigerian Bar Association to continue to train lawyers
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and more importantly impose sanctions on erring lawyers.
It is only when lawyers are aware that they will be
sanctioned if they employ any delay tactics and not
celebrated amongst colleagues, that we may achieve what
we all desire, which is a stronger contribution of
“Lawyers to National Development” and strong and
enviable judicial system. The Bar and the Bench must
work hand in hand in order to improve the justice delivery
system in Nigeria.
Thank you.
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