The Justice Reform Project (JPR) has condemned the 2020 Annual Court Vacation which has been declared by various Heads of Court as grossly improper and highly insensitive. Hence, calling for a reversal of such decisions.

This is contained in a statement issued by JPR titled: “COURT VACATION DURING PANDEMIC IS A NEGATION OF THE RULE OF LAW”, which was made available to TheNigeriaLawyer.

“The Justice Reform Project (JRP) notes with concern publications by various Heads of Court declaring dates during which their Judges will proceed on ‘annual vacation”.

“The National Industrial Court has identified the 8-week period from Monday July 27, 2020 to Friday, September 25, 2020 as its annual vacation.

“It is worthy of commendation that the High Court of Ogun State has published its own direction abrogating the annual vacation in 2020.

This is doubtless a recognition of the loss and injury to stakeholders and the Nigerian public who have been deprived access to our courts in the last three months.”

Furthermore, it was noted that the outbreak of Coronavirus pandemic has foisted an unfortunate circumstance on the justice delivery in Nigeria, which necessitated a closure of all Courts in the face of the then imposed quarantine by Government. As a result, the lockdown ought to have served as a vacation in itself.

“The administration of justice in Nigeria has largely ceased to function for over three (3 months) and counting, as a result of quarantine measures put in place by the Federal and State governments to meet the Corona Virus pandemic. Across Nigeria therefore, most Judges have somewhat been on vacation during this period.”

Besides, it was noted that the pandemic has grounded the administration of justice for too long and the virtual court hearing is yet to fully come into light in Nigeria.

“With a partial resumption of judicial activities, some Courts have only been hearing matters considered to be urgent, essential, and time-bound. All other matters have been continuously adjourned.

“The opportunities of technology for virtual hearings as well as other procedural measures to continue the business of justice have not been embraced by the courts, and a cultural affinity for delay appears to have prevailed.”

In addition, it was noted that embarking on annual vacation would be counter productive as Nigerians expect that with the gradual ease of lockdown, the resumption in judicial activities would go unhindered without any vacation in order to cover lost tracks.

“Nigerians are entitled to expect that our judges will recognize their legal duty and high responsibility to the administration of justice and that they would seek to sustain public confidence by efforts to cover lost ground and slow down the mounting backlog of unresolved cases.”

“The indication that judges prefer to proceed on vacation, will rather reinforce a widely held view that the Court system is no longer relevant as a platform to resolve disputes between members of society.” It was added.

Similarly, JPR noted that efforts to embark on annual vacation is a call to anarch and self help.

“By this, litigants are simply being encouraged to resort to extra-judicial means to settle disputes and to subject the judiciary to ridicule and disdain.”

In this light, JPR has strongly condemned the annual vacation move and tagged it as a ‘personal interest’ service.

“JRP condemns this move in the strictest terms. JRP maintains that those charged with the administration of justice should uphold its tenets beyond what may be misconstrued as promoting personal interest. This ill-considered declaration pays no regard to the right of Nigerians to access to justice.”

Furthermore, JPR urged the Judiciary to be very circumspect in situations such as this in order to ensure that constitutionalism is enthroned.

“The judicial arm of government should be wary of treating citizens’ right of access to justice with levity. It must guard its constitutional role jealously and not portend normalcy in the most abnormal situation.”

Finally, JPR concluded that unless the litigants voluntarily decide that their matters shouldn’t be heard in the process of the vacation, it should be suspended forthwith till 2021.

“Accordingly, unless the litigants fail to agree to have their matters heard during the annual court vacation period, JRP urges all Heads of Courts to suspend their respective vacation period until 2021 and to apply themselves by all means to addressing the backlog of cases and the rights of Nigerians to justice.” The statement concluded.