Background to the Study
Nigeria, like many other countries of
the world usually undertake legal and judicial reforms as efforts geared
towards their overall development programs. The reason for this is also quite
obvious. Nigeria finds herself in a situation where her judiciary advance
inconsistent case law and carry a large backlog of cases. The resulting
implication is the eroding of individual and property rights and by
implication, the stifling of the private sector and its growth. There is
ultimately also, violation of human rights. Delay in justice delivery affects
fairness and the efficiency of the judicial system. This is also acting as an
impediment to the public's access to courts, which, in effect, weakens
democracy, the rule of law and the ability to enforce human rights or even
economic interest. One of the ways of evaluating an effective justice delivery
system is by the number of cases that it manages to dispose off and the time
taken and even the process involved. The Nigerian judiciary reputed to be the
last hope of the common man, crumbles under the weight of a heavy caseload. The
criminal justice system in the country endures prolonged delay in the
administration of justice. There is also the congestion of courts with
inadequate infrastructure, the congestion of prisons with daily influx of
either accused persons or suspects awaiting trial with several instances of
arrest and detention for unduly lengths of time even before trial or
conviction. A cardinal principle of justice under the Nigerian legal system is
the presumption that a person accused of any crime is innocent2 until proven
guilty1. However, the continued incarceration of an accused person without
speedy trial questions the claims to observance of fundamental rights of
liberty and fair hearing2.
In the context of judicial reform
programs, some measures have been taken to reduce the duration of the
litigation process by identifying avoidable sources of delay, which tend to
slow down and even halt proceedings unnecessarily. Such reform include
repealing or amending some laws that have probably lost touch with present
reality and enacting of new ones that can meet the needs of the ever-changing
socio-economic conditions. It is true that there have been some reforms in the
Nigerian judiciary. This for example had led to some changes in the Civil
Procedure Rules of most courts, passing into law of the new Administration of
Criminal Justice Act 2015 and Evidence Act 2011.
The necessity of such reforms is
obvious. The truth is that no combat against corruption for instance or crimes
such as terrorism, now plaguing the nation can be said to be credible or
complete without an effective and robust judicial system that is to be relied
on. It is only such properly administered judicial system with speedy capability
of guaranteeing individual rights and freedoms, as well as protecting victims
from the arbitrary exercise of power while punishing criminals, that is an
essential catalyst for good governance and uplifting the socio-economic
wellbeing of the nation and her citizens. Everyone, everywhere in Nigeria
should enjoy the equal, but also speedy protection of the law if there is to be
both justice for all and meaningful development.
TOPIC: APPRAISAL OF JUDICIAL REFORMS TOWARDS AN EFFICIENT ADMINISTRATION OF JUSTICE IN NIGERIA
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 75
Price: 3000 NGN
In Stock

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