Authored By: Anoghena Ogiogwa
University of Lagos
Musa Ibrahim, a petty trader lost his only source of income when a powerful politician illegally seized his land through the use of abuse of power. With no influence or wealth, he turned to the court for help – the so called last hope of the common man. The judiciary responded but not without several years of adjournments, frustration and the heavy burden of legal fees. After enduring a long and draining legal battle, Musa eventually lost the case. His hope in the judiciary – the very people meant to protect the powerless – was shattered.
The judiciary is often described as the last hope of the common man, a refuge where justice is expected to prevail regardless of status or influence. As the last resort for the common man, the court should protect rights and address infringements promptly. The judiciary remains the guardian of justice; its inefficiency often turns hope into heartbreak. According to the Black Law’s Dictionary, the judiciary is defined as the branch of government responsible for interpreting laws and administering justice, made up of a system of courts and a body of judges. With a population exceeding 200 million, Nigeria’s judicial system must ensure timely justice. However, the Nigerian judiciary, plagued by corruption, delay, and inefficiency, has increasingly failed to live up to this noble profession. This essay examines the cause of judicial inefficiency in Nigeria and proposes practical steps to restore confidence to the judiciary system and uphold the concept of rule of law.
[1]To understand the current state of Nigeria’s justice system, it’s essential to consider its historical context. The Nigerian legal framework has evolved through various times from colonial rule to military regimes and to the return to democracy in 1999. Each phrase has left an imprint on the judicial system in Nigeria. While the 1999 Constitution guarantees the right to a fair trial and due process, the legal system remains burdened by historical legacies of corruption and inefficiency.
The justice system in Nigeria is known for its inefficiencies ranging from a combination of bureaucratic hurdles, corruption, inaccessibility and institutional weaknesses among others. These causes shall be discussed individually before diving into the possible way forward.
Bureaucratic hurdle is one of the causes of the ineffectiveness of the judiciary. The court is bombarded with so many caseloads which is very overwhelming and can cause delay in the adjudication of cases. [2]From the backlog of 155,969 cases pending at the Federal High Court in the last legal year to 6,992 cases pending at the National Industrial Court, the volume of unresolved matters in Nigeria’s judiciary remains significant. The Court of Appeal also shows record of 39,526 cases were pending as of the 2023/2024 legal year. These backload would surely affect those awaiting trial, depriving individuals of timely justice. Understaffing and underfunding discourages many competent lawyers from joining the bench. This situation can directly affect the constitutional right of an individual to fair trial and due process as guaranteed under [3]Section 36 of the 1999 Constitution of the Federal Republic of Nigeria. This can also prolong adjudication of cases. Judgment of cases should be done quick and fast, and as the saying goes [4]“justice delayed is justice denied”. When justice is not effectively given, it as well results to no justice at all.
Corruption, which is one of the fundamental issues in Nigeria and has successful crept into the judicial system of the country. The prevalence of corruption can delay and affect the outcome of justice. Numerous studies and reports have shown that prevalence of bribery, “cash and carry” judgment, abuse of power have eroded public confidence in the courts. Many litigants believe that justice can be bought, which undermines the foundation of fairness. [5]Judges have been reported to have asked for bribe to give judgment in favor of a party. A corrupt judge said Samson Uwaifo, a retired justice of Nigeria’s Supreme Court, “is more harmful to the society than a man who runs amok with a dagger in a crowded street. While the man with the dagger can be restrained physically, a corrupt judge deliberately destroys the foundation of the society”. [6]In the case of Innocent Azubuike Umezuluike v. Arthur Eze/ Economic and Financial Crimes Commission (EFCC) charge, the EFCC charged Umezuluike with use of office to confer corrupt and unfair advantage which is contrary to (Section 19 of the Independent and Corrupt Practices and other related Offences Act 2000) for accepting the donation from a litigant in matters before him. This highlights that corruption among others are factors that contribute to the ineffective nature of the judiciary in Nigeria.
Access to justice is a fundamental human right, however for many Nigerians, this is an elusive goal. High legal fees, inadequate legal representation and a lack of legal awareness among the population prevents many individuals especially those in rural areas from having access to seeking justice. Even the concept of pro bono legal services which should be made available to all, is not well established as many citizens are not aware of their rights or legal resources available to them. This affects many individuals especially those from low income background, this inaccessibility perpetuates injustice and inequality.
The judiciary an independent institution faces weaknesses which are political interference, pressure from the media or public opinion can undermine independence. The executive and legislative interference is one that affects the judiciary as an institution. The executive interferes through judicial appointments, promotions and funding while the legislature on the other hand contributes to the inefficiency by delaying the passage of laws that promote judicial reform. This form of interference has hindered the judiciary from functioning freely and fairly, leading to delays and biased decisions. As a result, the principle of separation of powers is weakened and the judiciary’s ability to serve as the last hope of the common man is gradually eroded.
The challenges facing the Nigerian judiciary have weakened public trust and hindered justice delivery. Yet, these problems are not beyond repair, with genuine and committed reforms from the government and stake holders the system can regain its integrity and efficiency. The next section therefore focuses on practical solutions to move the judiciary forward.
There should be expansive access to legal services. The establishment of more legal aid clinics, awareness campaigns about legal rights can empower citizens to know and fight for their rights. Collaborating with NGOs such as the Legal Aid Council of Nigeria and other community organizations can help to bridge the gap between legal services. The government should also invest in establishing more courts in rural areas and make court procedures less intimidating to an average citizen.
Court procedures should be simplified and unnecessary paperwork be eliminated. The use of Alternative Dispute Resolution (ADR) should be encouraged more to lessen the burden on the courts.[7]The Lagos Multi-Door Courthouse (LMDC) established in 2002 as Africa’s first court connected ADR Centre. Since then at least fourteen states including the Federal Capital Territory (Abuja) in 2003 adopted this model also. This model should also be followed by other states in Nigeria. The adoption of digital case management systems and electronic filing can also help to reduce delays caused by manual record keeping.
The problem of corruption can be combated through strict enforcement of judicial ethics and disciplinary measures through the National Judicial Council (NJC) are essential. Judges and court officials should declare their assets regularly and corruption cases must be investigated and prosecuted without bias. Any corrupt judge should be suspended for a period of time and also be monitored well to prevent future occurrence.
In ensuring the independence of the judiciary, the government must ensure full financial autonomy for the judiciary as provided under Section 121(3) of the 1999 Constitution. More competent lawyers should be encouraged to join the bench through improved working conditions. Additionally regular training, infrastructural development and the use of modern technology will enhance the judiciary’s institutional strength.
In conclusion, the Nigerian judiciary stands at crossroads, one that demands courage, reform and renewed commitment to justice. With genuine efforts, strict adherence to the rule of law and collaboration among the three arms of government, the judiciary can gradually reclaim its trust from the people. After all Rome was not built in a day, true transformation will surely take time. With persistence, accountability and faith, the foundations of a better and stronger independent judiciary will surely be laid.
Reference(S)
[1] Evans Ufeli ‘Causes, consequences of failing justice system in Nigeria’ The Guardian (April 21, 2025).
[2] Ameh Ochojila, How lack of Support for ADR strains Nigerian Legal System, The Guardian (Lagos,25th February,2025)
[3] S 36 Constitution of the Federal Republic of Nigeria 1999
[4] William E Gladstone (attrib), quoted in various legal commentaries; see also Kotoye v Saraki (1994) 7 NWLR (Pt 357) 414.
[5] Nosa Igbinadolor Analysis : Nigeria’s judiciary inefficient not fit for purpose, Business Day ( Febuary 12, 2023)
[6] Umezuluike(v.Arthur Eze/EFCC) (Enugu State High Court) – Case No. E/388/2010 & E/147/2012
[7] Victor Akazue Nwakasi, Alternative Dispute Resolution in Nigeria: New Frontiers in Law (oal.law, 21st May, 2019) accessed 20th June,2025.
