The Chief Justice of Nigeria, Justice Mahmud Muhammed, on Monday admitted that delay in trials has remained a major challenge confronting the nation’s justice system.
Muhammed, however, advocated for lasting solutions that will improve the administration of Criminal Justice System, reduce delays, restore public confidence as well as improve judicial performance.
The CJN spoke while declaring open the 2016 refresher course organised for Magistrates on current trends in Law and Administration of Justice by the National Judicial Institute in Abuja.
According to him: “More often than not, trial delays are caused by the antics of parties and to some extent the court, which results to unnecessary adjournment.
“Often, prosecutors or defence counsel are unable to present their cases or witnesses and Investigating police officers are often unavailable or transferred; there is sometimes a lack of diligent rendering of legal advice on whether there is a prima facie case to prosecute, an increased use of preliminary objections, unnecessary legal devices for delaying trials and a myriad of others too numerous to mention here.”
Muhammed also stressed the need to reduce the backlog of cases, especially in criminal matters, which he said have contributed to the congestion of prisons and expressed optimism that the course will provide an avenue to device ways of achieving this.
He said: “I find it distressing that many criminal trials are not given the attention that they deserve.
“I urged you to accord criminal matters priority as had been the legal tradition and not to unduly delay proceedings.
“For emphasis, I wish to draw your attention to S 35(4) and 36(4) of the 1999 constitution of the Federal Republic if Nigeria (as amended), which have the combined effect of underlining the need to expeditiously try criminal matters in view of the various fundamental rights that an accused is deprived of, especially when in custody or detention.
“On our part, the Nigerian Judiciary will continue to actively pursue lasting structural and ethical reforms that will better position it to meet the aspirations of the average court user for a speedy, affordable and transparent system of administration of justice.”
Earlier in her welcome address, the Administrator of the NJI, Justice Roseline Bozimo (rtd), while stressing the importance of law reforms, said it is essential for the purpose of enhancing and promoting judicial importance.
Bozimo commended the Administration of the Criminal Justice Act 2015, saying all the provisions of the act are geared towards ensuring speedy dispensation of justice.
She added that the refresher course, with the theme: “Promoting judicial performance through innovation and reforms,” is aimed at ensuring that the relationship between the bar and bench is maintained, access to justice as well as enhancing the productivity of judicial officers amongst others are provided.
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