Decentralise Supreme Court, scrap Court of Appeal – OOU don advocates

A Professor of Law and Deputy Vice-Chancellor (Administration) of Olabisi Onabanjo University (OOU), Ago-Iwoye, Charles Adekoya, has called for the establishment of branches of the Supreme Court in the six geopolitical zones of Nigeria to ease the workload of the apex court and bring it closer to the people.

Adekoya, who bemoaned the humongous challenges in accessing justice in the country, also advocated the scrapping of the Court of Appeal to reduce the layers of courts to be traversed in the search for justice.

He made the call while delivering the 103rd OOU Inaugural Lecture on Tuesday, 13th December, 2022 at the Otunba Gbenga Daniel Lecture Theatre, Main Campus of the University, Ago-Iwoye.

The Lecture entitled, “Betrayal of the Poor in Accessing Justice in Nigeria: The Judas in our Midst,” was chaired by the Vice-Chancellor of the University, Prof. Ayodeji Agboola.

At the event, Prof. Adekoya canvassed the reforming of the justice system to make judicial proceedings generally simple, speedy and inexpensive as well as increase in funding for legal aid for the sake of the poor.

The don bemoaned the incidence of corruption and sharp practices in the administration of the justice system in Nigeria, saying the Bar and the Bench, as critical stakeholders, must confront frontally the negative practices that had corroded the justice system.

According to him, corruption is real and takes many forms in the administration of the justice system in the country.

The Inaugural Lecturer contended that the police and judicial officers, who were expected to be the protectors of justice, have been found in many jurisdictions to be most corrupt, thus hampering justice delivery and subverting the entire formal legal system.

He posited that the poor and the vast majority of the disadvantaged members of the society have been betrayed in the quest for justice, stressing that government and others concerned should collectively take urgent steps to help the less fortunate in accessing justice.

He further said, “When there is corruption in the judicial system or when is perceived to exist, the courts will lose the ability to fulfil their role as the guarantors of legal tranquility and social order because when there is lack of trust in the court, people tend to disobey the law which subverts the rule of law.”

“The Nigerian Bar Association (NBA) as an association and individual members need to show more commitment to the protection of human rights and the rule of law, especially in favour of the poor and socially disadvantaged. If we have more Nigerians lifted out of poverty, their situation will improve economically and socially, and lawyers would in turn have more patronage.”

In recommending the scrapping of the court of appeal, Prof. Adekoya said cases from High Courts and courts of coordinate jurisdiction would have to go straight to the Supreme Court.

He added, “Branches of the Supreme Court can be created in the six geopolitical regions of the country to ease the workload in addition to the one in Abuja. However, there will be the need to reorganise and strengthen the Supreme Court to reduce workload that will flow from the High Courts and courts of coordinate jurisdiction.

“In India, with a population of 1.37 billion in 2022 there is no Court of Appeal between the High Court and the Supreme Court, and appeals in all matters, civil criminal and other proceedings lie from the High Court to the Supreme Court. There is no Court of Appeal in South Africa. This will shorten the judicial ladder and bring the apex court closer to the people.”

The Deputy Vice-Chancellor also called for reforms in the civil procedure rules to make it zero-tolerant of any form of delays designed to unnecessarily slow down the administration of justice by imposing heavy costs against counsels found wanting, including striking them off the roll of lawyers.

He said, “The major problems plaguing the legal profession and the judicial system seem to be from within. It becomes pertinent to ask the question: who among us is the Judas responsible for the betrayal of the poor by making justice an impregnable fortress for the masses either through our actions or inactions?

“Is it the judges, the lawyers, the defendants, court officials, the legal educators or the system or a combination of these? Irrespective of our perception of who the Judas is, it is crucial that all the critical stakeholders should be deeply concerned about our justice system that seems not to be working.”

Prof. Adekoya declared that there was need for government at all levels and stakeholders in the justice sector to prioritise access to justice by closing the justice gap through the removal of all obstructions to access it.

“Concrete steps must be taken to ensure easy, cheap, flexible and effective access to justice. Under international law and the United Nations Charter, the government of Nigeria has the obligation to ensure access to justice by everyone within its borders such that all impediments inhibiting access to the poor and disadvantaged members of the society are removed,” he submitted.

As part of his recommendations to address the multilayered issues affecting access to justice, the don called for incorporation of the non-formal dispute resolution mechanisms into the formal justice system to make it more effective and reliable.