Appraisal of Judicial Reforms Towards An Efficient Administration of Justice In Nigeria

Description

– Appraisal of Judicial Reforms Towards An Efficient Administration of Justice In Nigeria –

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Abstract

Certain reforms had been put in place to address Nigeria’s quest towards an efficient administration of justice in the country. The reason for this quest is because there is the problem of undue delay in determining cases as a result of the legal processes being usually very slow and complex.

Two major reforms carried out with the aim of addressing this problem had been the passing into law of the Administration of criminal justice Act (ACJA) 2015, and the Evidence Act 2011.

In many instances, these laws had shown innovations that make for speedy disposal of cases at least when compared to their previous kindred legislations. The Administration of criminal justice Act (ACJA) 2015 for instance, merged the provisions of the two principal legislations governing criminal procedure in Nigeria;

the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) into one principal federal Act which is intended to apply uniformly in all federal courts across the entire Federation and in respect of federal offences.

The Act preserves the existing criminal procedures, but also introduces new innovative provisions. As one practical example amongst several discussed in this work, the Act clearly provides that trial of a defendant is to proceed from day-to day until the conclusion of the trial.

This is clearly a new and innovative attempt to ensure speedy criminal trials. While the Act yet builds upon the existing framework of criminal justice administration in the country, it however, filled the gaps observed in these laws over the course of several decades.

The Evidence Act 2011, on the other hand, repealed the old Evidence Act, Cap E14 Laws of the Federation of Nigeria 2004, which was basically the same with the Evidence Act 1943 which came into force on 1st June, 1945.

The justice administrative system in the country got a big boost with the coming into operation of this Act which amongst other innovations as discussed in the research, makes the coast clear for the admission of digital and electronic evidence.

Introduction

1.1 Background of 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.

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