Legal Nigeria

Judges seek to wash hands off pre-election cases

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Judges have called for the ousting of court’s jurisdiction on pre-election cases to reduce the heavy workload of most courts.

The judicial officers noted that pre-election cases contribute significantly to the backlog of cases before the courts. They suggested that such cases should “be non-justiciable and be addressed internally by political parties.

According to them, a pre-election litigation is one of the challenges currently burdening the Judiciary”.

The judges stressed the need for improved adherence to the doctrine of separation of powers; enhanced funding to guarantee judicial independence, and judicial officers to abide by their code of conduct and shun unethical practices.

These formed part of the resolutions taken at the 2015 All Nigeria Judges’ Conference (ANJC) of superior courts of record, held between November 17 and 21 at the National Judicial Institute (NJI) in Abuja under the theme: Building A Confident Judiciary.

The resolutions are contained in a communique issued at the end of the conference.

The communiqué reads:

•That pre-election matters should be non-justiciable and should be addressed internally by political parties, as a pre-election litigation is one of the challenges currently burdening the Nigerian Judiciary, and it contributes significantly to the backlog of cases before the courts.

•That respect for the separation of powers is fundamental, with effective coordination among the arms of government required for good governance, political stability, and avoidance of institutional friction.

•That judicial independence and efficiency will be enhanced by adequate funding, requiring collaborative commitment from all arms of government to strengthen the courts.

•That all arms of government must obey judicial decisions, exercise the right of appeal where necessary, and respect the Judiciary as a protector of the people’s rights.

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•That adherence to the Rule of Law is indispensable for sustaining democracy, ensuring national stability, and preventing regression into undemocratic practices.

•That the modernisation of judicial infrastructure and digitalization of court processes remain essential priorities, ensuring every court in Nigeria benefits from technology-driven justice delivery.

•That continuous judicial training, welfare, and independence are critical, with the National Judicial Institute sustaining its role as the hub for professional development and intellectual renewal.

•That justice must be guaranteed, swift, affordable, and accessible to all.

•That integrity is the foundation of justice, and corruption within the Judiciary must be firmly, transparently, and consistently addressed to safeguard public trust.

•That the confidence of the public is the true currency of the Judiciary, requiring judgments that are fair, impartial, and untainted.

•That judicial ethics must be uncompromising, requiring strict adherence to the Code of Conduct, avoidance of conflicts of interest, responsible public engagement, and protection of confidential information.

•That the National Judicial Council must strengthen disciplinary oversight, enforcing firm actions against misconduct while curbing frivolous and malicious petitions that undermine judicial morale.

•That injunctions must be granted with utmost caution, guided by established principles, avoidance of self-induced urgency, and prioritising expeditious hearing of substantive matters.

•That consistency and professionalism must guide judicial processes, discouraging counter orders by courts of coordinate jurisdiction, enforcing timely disclosures, and enhancing pre trial case management.

•That broader justice sector reforms are necessary, including expanded legal aid, transparent justice data, full ACJA implementation, improved police prosecution standards, and correctional centres reforms that reduce pre-trial detention.

•That the safety and security of all judicial officers of the federation is of utmost importance. Security agencies must, therefore, take proactive measures to raise awareness and educate court staff, judges’ families, aides, and other associates on the need for security consciousness.

•That there should be effective planning, case management and ADR mechanisms employed in the courts for the expeditious disposal of cases.

•That the National Judicial Council should do more than write letters of commendation to judges who do well in their courts, but also look into the quality of the judgments submitted for purposes of elevation and performance evaluation.

•That there is a need to reconsider the position of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), on the jurisdiction of the Sharia Court of Appeal and the Customary Court of Appeal.

•That judicial officers should maintain a healthy lifestyle and diet to enhance the performance of their judicial functions.

•That the Judiciary’s commitment, through the National Judicial Institute’s trainings and other inter-agency collaborations, has resulted in the delisting of Nigeria from the Financial Action Task Force (FATF) Grey List.

“This reinforces the duty to strengthen Nigeria’s anti-money laundering, combating the financing of terrorism, and countering proliferation financing (AML/ CFT/CPF) regime, and to encourage a judiciary-wide dedication to the integrity of our justice system.”

Source; The Nation News