A lawyer, Lily Martins, has called for urgent reforms in Nigeria’s justice system, citing court congestion, shortage of judicial officers, inadequate funding and excessive litigation as major factors contributing to prolonged delays in the administration of justice.
Key Highlights
- Lawyer Lily Martins says court congestion, few judges and poor funding are delaying justice in Nigeria.
- She says some litigants die before their cases are heard or determined.
- Martins blames systemic shortcomings rather than individual judges for the delays.
- She urges wider use of alternative dispute resolution (ADR) for civil disputes.
- She proposes a case-screening body, more judges and an NBA panel to monitor delays.
Martins, who spoke exclusively to The Trumpet, said the growing backlog of cases in Nigerian courts reflects systemic challenges that make it difficult for judges to deliver justice within a reasonable period.
She explained that judges and judicial officers often contend with overwhelming caseloads, insufficient personnel and the demanding nature of judicial proceedings, resulting in frequent adjournments and prolonged trials.
According to her, the volume of cases handled by judicial panels places enormous pressure on the justice system, making speedy adjudication increasingly difficult.
Martins noted that the consequences of delayed justice can be devastating, as some litigants die before their cases are heard or determined by the courts.
She argued that although judges and judicial officers make efforts to ensure the timely delivery of justice, the underlying problems of the system remain a major obstacle to achieving that objective.
On the question of accountability for prolonged court proceedings, the lawyer maintained that systemic shortcomings are largely responsible for the delays, rather than the failure of individual judges to perform their duties.
Lawyers Urged To Embrace Alternative Dispute Resolution
She also identified unnecessary litigation and the failure of some legal practitioners to explore out-of-court settlements as factors contributing to the backlog of cases in Nigerian courts.
Martins said some lawyers can do more to advise their clients on alternative dispute resolution mechanisms instead of immediately resorting to litigation.
She argued that alternative dispute resolution remains underutilised in Nigeria’s legal profession, despite its potential to reduce the pressure on courts and resolve disputes more quickly.
According to her, lawyers have a responsibility to guide their clients towards practical and less adversarial ways of resolving disputes where appropriate.
“Most lawyers like to make their clients feel that they are putting pressure on the case instead of looking for alternative ways on how these cases can be done out of court,” she said.
The legal practitioner further advocated the wider adoption of alternative dispute resolution for civil disputes, arguing that many matters brought before Nigerian courts could be resolved through mutual agreement.
While acknowledging the importance of access to justice, Martins maintained that parties should make greater efforts to explore available dispute resolution mechanisms before commencing litigation, particularly in cases that do not necessarily require judicial intervention.
She added that legal practitioners should ensure that appropriate alternative dispute resolution options are fully explored before taking disputes to court, where such approaches are suitable.
Funding, Facilities Beyond Corruption Concerns
Addressing public concerns about corruption in the judiciary, Martins said the challenges confronting Nigeria’s justice system extend beyond allegations of misconduct.
She pointed to inadequate funding, poor court facilities, insufficient judicial personnel and difficult working conditions as structural problems affecting the effective administration of justice.
According to her, the judiciary requires greater financial and institutional support to function efficiently, warning that inadequate resources can further compound delays and undermine public confidence in the legal system.
Martins also called for measures to discourage unnecessary litigation and prevent matters that can be resolved through other mechanisms from adding to the existing burden on courts.
She stressed that although every citizen has the right to seek redress before a competent court, there should be effective mechanisms to identify cases suitable for alternative dispute resolution and encourage their settlement before they enter the formal judicial process.
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Three Urgent Reforms Proposed
The lawyer proposed three urgent reforms to address the challenges facing Nigeria’s justice system.
She recommended establishing a separate body to assess cases and determine whether they should proceed to court or be referred to appropriate alternative dispute resolution mechanisms.
Also, she called for the employment of more judges and judicial officers to address the growing volume of cases and reduce the time required to determine disputes.
Furthermore, Martins proposed that the Nigerian Bar Association (NBA) establish a dedicated panel to monitor the progress of cases in court, identify factors responsible for delays and recommend practical solutions.
She said the proposed measures would help reduce unnecessary litigation, improve case management and promote the timely administration of justice.
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