…urges CJN to restore confidence in arm of govt
A former President of the Nigerian Bar Association, Dr. Olisa Agbakoba (SAN), has urged the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, to ensure that confidence in the judiciary is restored during her tenure.
He noted that the confidence in the judiciary has waned and called for urgent remedial measures.
Speaking in an interview with Saturday Telegraph yesterday, he also decried some confusing court judgements.
Agbakoba said: “Yes, I agree with you, the judiciary isn’t what it used to be. And my comments about the judiciary also reflect my general comments about Nigeria. So, I would hope that the new CJN would understand that if confidence isn’t felt in the context of what Nigerians feel about the judiciary, then nobody is going to go there.
“Or if you go there, they go there feeling that they can buy judgments. Look at the one that came on appeal in respect of the governorship candidate of… I believe, Plateau State. Neither the petitioner nor the respondent knew who won. I don’t know whether you followed that. Nobody knew who, because it appeared that the court gave judgement for both sides. And that’s happening so much.
“Look at the Labour judgment that was given to them. One camp is celebrating, and then another one is celebrating. Yes, so that’s a problem.”
Agbakoba, the Senior Partner Partner of Olisa Agbakoba Legal (OAL), added that Nigeria’s judicial and legal frameworks require comprehensive transformation to serve as true catalysts for economic development rather than institutional constraints.
He stated that the current system suffers from structural inefficiencies, outdated legal frameworks, and compromised independence that collectively undermine the rule of law essential for economic prosperity.
According to him, the judiciary faces a crippling caseload crisis that delays justice and erodes public confidence.
He said that this institutional strain stems from an inefficient court structure that funnels matters of varying significance and jurisdictional character through the same overwhelmed channels.
He advocated a strategic restructuring of the court system and creating distinct federal, state, and local judicial hierarchies with clear jurisdictional boundaries that would allow each level of government to adjudicate matters within its constitutional domain, significantly reducing the burden on appellate courts.
Agbakoba said: “Currently, we are championing The Speed of Justice Project (SOJ) aimed at addressing the damaging economic impacts of delayed justice. This includes strict case timeline standards, with matters resolved within defined periods based on complexity; technological modernisation through e-filing systems, digital case management, and virtual hearings; and active case management requiring judges to control proceedings proactively rather than allowing counsel to dictate pace. Court rules should be modernised to eliminate unnecessary procedural steps that consume time without adding value to the judicial process.
“In furtherance of this project, we consulted for the Federal High Court and Court of Appeal in the drafting of Practice Directions for use on cases involving Asset Management Corporation of Nigeria (AMCON) in debt resolution and recovery procedures. The Practice Directions at both Courts are procedural tools that have immensely aided the Courts in quick and efficient determination of cases.
“Nigeria must develop a robust domestic arbitration ecosystem that reduces reliance on foreign dispute resolution mechanisms. We advised the Federal Ministry of Justice on the National Policy on Arbitration and Alternative Dispute Resolution, 2023.”
The SAN also decried the political development in River State even after the declaration of State of Emergency by President Bola Tinubu.
Agbakoba stated:“The issue of reverse is very unfortunate. And I think it strikes at what I’ve just said about the whole concept of the way Nigeria is structured. And so whether the sole administrator is right or wrong to appoint or even spend money other than what he ought to spend because he’s only an emergency person is actually not the problem.
“The problem is that Nigeria is running on the wrong constitutional framework. That’s what I would like to see. I’d like to see Nigeria disrupted. I don’t understand why every politician accepts the need to politically reconfigure Nigeria, restructure, devolve powers, but when they get there, they don’t do it. That’s what beats me.
“So, we need to have a major political revolution. It’s the only way Nigeria will work. Nigeria can’t work with this pyramid of a country where everything is centralised.
And that’s why you have this form of democracy. Everyone is fighting for power at the centre. And you “find Mr. Wike in PDP in an APC government. That alone tells you about the contradictions. And the last point I’ll make on this is, if you ask how many, three million people in River State, they have no interest in PDP or APC. They have an interest in their health, in their schools, and that’s not happening.
“So they’re not happy with anybody. If you think they’re happy, they’re not happy with anybody. So that’s what I… In fact, I’m happy you asked that question because it’s the Rivers example that defines Nigeria’s problem where the leaders in power fail to understand the concerns of the people.”
