Administration Of Justice In Nigerian Courts: Problems And Prospects

1.2.0: OBJECTIVES OF THE STUDY   

1. To examine the duty which every judge or lawyer owes to the society at large in putting across proposals to change the law where appropriate in order to bring it in line with justice. 

2. To identify that a very great proportion of what goes on in the Nigerian law courts is the administration of justice between one citizen and another and between a citizen and the state and to these ends, to continue to maintain a delicate balance between the competing interests so that the end of justice can be properly served.

3. To identify the power of the judge to punish for contempt is not only for the protection of the court of justice but also for preservation of justice and administration.

4. To observe that the judge should not use his contempt powers to suppress methods of advocacy and should therefore exercise great restraints in punishing lawyers for contempt of court. After all, judges and lawyers are partners in the administration of justice.

5. To observe at every available opportunity that justice delayed is justice denied.

6. To determine always that a really independent judiciary depends on the intellectual calibre and the qualities of character of the bar from which the judges are drawn or appointed.

7. To identify   that all the citizens of Nigeria –whether they are young or old , rich or poor, literate or illiterate, high or low, muslim or Christian, pagan or agnostic, are all equal before the law. 

1.3.0: FOCUS OF THE STUDY

This project is set to examine the problems in the administration of justice in Nigeria at large. It focuses on the problems and prospects of our judicial system. An overview is also given on how jurist and judges and foreign jurist have helped to influence or resolve the issue or problems in Nigeria.

1.4.0: SCOPE OF THE STUDY  

 This project covers a range of subject peculiar to the administration of justice in Nigeria. It covers the historical evolution of judicial system before the colonial intervention. It also covers the procedural problems in the administration of justice, Institutional problems in the administration of justice, Independence of the judiciary in all the courts in Nigeria generally. These are the aspects to be covered in this project.

1.5.0: METHODOLOGY

The research method employed for writing this project covers useful materials from both primary and secondary sources of law. The primary sources to be used are Acts of legislation, constitution of the federal Republic Of Nigeria 1999, criminal procedure code, penal code, criminal code, other primary sources are judicially decided cases and those cases from the Ombudsman as seen in some foreign countries. Secondary sources of law there are to be used include text books both from Nigerian legal system and administrative law, as well as published works on administration of justice. Other  secondary sources are well researched from the internet, journals periodicals and news papers all of which are expected to add value to the quality of the work.

1.6.0: LITERATURE REVIEW

Quite a number of authors both in the legal profession and public service have written extensively on the issue of justice, problems and prospects .some remarkable articles and publications of some of these authors will be reviewed below. The Blacks Law Dictionary (7th Edition) p44. Defines the word “Administration”. “management or performance of the executive duties of a government, institution, or business. In public law, the practical management and direction of the executive department and its agencies. A judicial action in which a court undertakes the management and distribution of property.

OPUTA J.S.C in Godwin Josiah V The state (1985) 1 N.W.L.R. 125 at p141.said justice is not a one way traffic. It is not justice for the appellant only. Justice is not even, only a two-way traffic. It is justice for the appellant accused of a heinous crime of murder; it is justice for the victim , the murdered man , i.e the deceased whose blood is crying for vengeance ; and finally it is justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of … That justice which seeks only to protect the appellant will not be even-handed justice… But justice sacrificed at the shrine of guilt.

LORD DENNING .A The Road To Justice (1955) p.4 Wrote on justice and He said justice is not something you can see. It is not the product of his intellect but of his spirit. The nearest we can get to defining justice is to say that it is what the right-minded members of the community- those who have the right spirit within them – believe to be fair.

AGUDA In his book The Crisis Of Justice (1986) p.6 That a good Judge should try whenever possible to make justice prevail over law, not the other way round for law and justice do not always coincide.

1.7.0: DEFINITION OF TERMS

1. ACQUITTED: This refers to the judicially discharged from an accusation 

2. ADJUDICATE: This can be defined to officially decide who is right in a disagreement and decide what should be done.

3. ADMINISTRATION: This can be defined as the act of administering something, especially a law, test or justice.

4. GRIEVANCE: This is refers to a belief that you have treated unfairly, or an unfair situation or event that affects and upsets you.

5. GRIEVOUS: This can be defined as a very serious and causing great pain or suffering.

6. INCONTESTABLE: This refers to the clearly true and impossible to disagree with.

7. INCURSION: This is refers to a sudden attack into an area that belongs to other people.

8. INDICTMENT: This can be defined as an official written statement charging   someone with a criminal offence.

9. INJUSTICE: This can be defined as a situation in which people are treated very unfairly and not given their rights.

10. JURISDICTION: This can be defined as the power of a court to decide a case or issue can be exercised.

11. OUSTER: The wrongful dispossession or exclusion of someone from property or the removal of a public or corporate officer from office.

12. OUT LAW: This is refers to a person who has been deprived of the benefit and protection of the law; a person under a sentence of outlawry.

13. PRECEDENTS: This can be defined as a decided case that furnishes a basis for determining later cases involving similar facts or issues. 

14. TRIBUNAL: This is a type of court that is given official authority to deal with a particular situation or problem.

1.8.0: CONCLUSION

On a conclusive note this chapter has given a good introduction to what this essay is all about, In Nigeria of today, there are some legal issues which call for a serious examination in the interest of justice in the country, ranging from powers of courts, Ouster of court jurisdiction, Delays in Receiving Reports from Government experts, Sources of judicial powers, Appointment of  judges, Tenure of office, Remuneration. A general overview of definitions and various views of authors have been made to be part of this chapter.