The scale of justice: balancing Equity and efficiency in a complex world by Adeola Augustine Babalola Esq.

BEING A PAPER PRESENTED BY ADEOLA A. BABALOLA ESQ. AT THE STUDENT JUDICIAL SUMMIT 2024 OF THE ADEKUNLE AJASIN UNIVERSITY, AKUNGBA AKOKO STUDENT JUDICIAL COUNCIL.

Introduction

The world as we know it today is plagued with a lot of injustice both perceived and expressed injustice. It is not enough for the judiciary to interpret the law but most importantly do justice, in such a way that Mukaila the vulcanizer must be able to see the justice in the case as well.

Nigerians are not stupid people, they are very smart, intelligent, understanding people and they want to be a part of our justice system just like myself including Iya-Ologi.

The scale of justice must not only be balanced, it must not also be obscure. It must be visible even to te blind and audible to the deaf. I will give a not so good example particularly as it relates to the ills in the country.

Our Stories

The Economic and Financial Crimes Commission (EFCC) and the fight against the miscreants called the Yahoo boys. The issue has never been that the society condones the act of these group of young people but the fact that till date the EFCC is yet to secure conviction of any high profile politicians but they are very quick to tell us that they have secured thousands of conviction only to check and see that the convictions are just for internet fraudsters and no serious politicians, civil servants, police officer, soldier ever got convicted for economic crimes and the same tin applies to the ICPC as well. Till today, Iya Ologi, Musa the gateman and Papa Emeka spare part dealer who gets extorted everyday will not understand the EFCC fight against corruption as it leaves them with the proverbial saying that “a n fi ete sile pa lapaapa” – meaning we have left infection leprosy to be seeking the cure for ringworm. It makes absolutely no sense to them, hence the story that judges are corrupt. And when you look at it from their point of view, it looks like that.

Another story is the story of Efe, Somto, Ahmed who were arrested for attempting to rob Iya-Alabo and Moammed of their bags, phone and cash with a table knife. The police were quick to arraign them and got their conviction within a year with the Court sentencing them to death by hanging. These stories and many more tell the story of how society perceives the judiciary as being UNJUST.

The concept of justice is fundamental to any legal system. It is often symbolized by the scales of justice, which represent the delicate balance between equity and efficiency. Equity ensures fairness and impartiality, while efficiency seeks to optimize resources and achieve practical outcomes. Striking this balance is particularly challenging in complex societies, such as Nigeria, where social, economic, and political factors intersect. Recent Nigerian court cases provide insight into how this balance is navigated in practice.

The complex nature of our justice space

Lord Chief Justice Hewart once famously said: “Justice must not only be done but must manifestly and undoubtedly be seen to be done.

Justice itself is a very complex task as the court has to take into consideration a lot of factors before it arrives at its judgments ranging from facts, laws, parties involved and the societal perception of the case at hand. The dynamic nature of Nigerian and our cultural differences is also not helping matters. Let us look at a few examples at tis point.

The several unrest in the past few years.

1. The Niger-Delta Militants: during the reign of the militants in the Southern part of the country, they claimed they were agitating for their rights which was and is still a very valid and good thing to do until it became a business. They started with the kidnapping of the white oil companies contractor hence causing a lot of them to leave the country and we all know what happened next, when there were no white people to kidnap anymore, they started to kidnap themselves. The country ran to the court and the court could not help until a political solution was reached through amnesty because the issue itself was political. So let us attempt to do the work of a judge. If you were a judge, what would you do? Arrest everybody involved in the agitation and send them to jail when the politicians have made it clear to them that they are not ready to meet their demands. The country would burn and the judiciary would be blamed for it. The same is the story of the Boko-haram agitators in the North.

Nigeria’s legal system is a blend of customary law, Islamic law (Sharia), and English common law. This hybrid system reflects the country’s diverse cultural and religious heritage. The judiciary plays a crucial role in interpreting and applying laws to ensure justice is served. However, achieving a balance between equity and efficiency is complicated by issues such as corruption, bureaucratic inefficiencies, and social inequalities.

Equity and Efficiency in Nigerian Judiciary

Equity  in the legal context refers to fairness and impartiality. It demands that justice be administered without favoritism, bias, or prejudice. It is about ensuring that all individuals are treated equally under the law and that remedies are just and appropriate for the circumstances of each case.

Efficiency  involves the effective use of resources to achieve the desired outcomes. In the judiciary, this means resolving cases promptly and with the least expenditure of time and resources. Efficiency is crucial in reducing case backlogs and ensuring that justice is not delayed, which, as the saying goes, is justice denied.

Recent Nigerian Cases Illustrating Equity and Efficiency

1. The Case of Omoyele Sowore

Omoyele Sowore, a prominent activist and publisher of Sahara Reporters, was arrested in August 2019 by the Department of State Services (DSS) on charges of treason, cyberstalking, and money laundering. His arrest followed his call for nationwide protests under the banner of “RevolutionNow.”

Sowore’s arrest raised significant concerns about the infringement of his constitutional rights, including freedom of speech and assembly. The case highlighted the need for the judiciary to protect individual rights against potential abuses of power by the state. The courts initially granted him bail, emphasizing the principle of equity by ensuring that an accused person is not unduly deprived of liberty while awaiting trial.

However, the case also demonstrated challenges in judicial efficiency. Despite multiple court orders granting bail, the DSS delayed his release, citing various procedural issues. This inefficiency not only prolonged Sowore’s detention but also eroded public confidence in the judicial system’s ability to enforce its own orders promptly.

2. The Case of Maryam Sanda

Maryam Sanda was convicted in January 2020 for the murder of her husband, Bilyaminu Bello, in a high-profile case that captivated national attention. The trial was marked by intense media scrutiny and public interest. The court’s handling of this case demonstrated a commitment to ensuring a fair trial, despite the media frenzy. The judgment was based on substantial evidence, including forensic reports and witness testimonies, reflecting a thorough and impartial judicial process. The court’s decision to sentence Sanda to death by hanging was based on the severity of the crime, adhering to the principles of justice and fairness.

The case was notable for its relatively swift resolution. Despite the complexity and high-profile nature of the case, the judiciary managed to deliver a verdict within a reasonable timeframe. This efficiency was crucial in maintaining public trust in the judicial process and demonstrating that justice can be delivered without undue delays.

3. The Case of Innoson Motors vs. GTBank

The legal battle between Innoson Motors, a Nigerian automobile manufacturer, and Guaranty Trust Bank (GTBank) is one of the most protracted and complex commercial disputes in Nigeria. The case involves allegations of illegal deductions from Innoson’s account by GTBank, leading to multiple lawsuits over several years. The courts have shown a commitment to fairness by thoroughly examining the evidence and legal arguments presented by both parties. Various rulings have sought to address the substantive issues of the case, including the legality of the deductions and the appropriate remedies for any wrongdoing. This reflects the judiciary’s role in providing a fair and impartial resolution to commercial disputes.

However, the prolonged nature of the case highlights significant inefficiencies in the judicial process. Multiple appeals, counter-claims, and procedural delays have extended the litigation for years, straining the resources of both parties and the judiciary. This inefficiency underscores the need for reforms to streamline commercial litigation and reduce case backlogs.

4. The Case of the Shiite Leader Ibrahim El-Zakzaky

Ibrahim El-Zakzaky, the leader of the Islamic Movement in Nigeria (IMN), was detained in 2015 following a violent clash between his followers and the Nigerian Army. His prolonged detention without trial raised serious human rights concerns and sparked widespread protests.

The judiciary’s role in this case was crucial in upholding the rule of law and protecting individual rights. In 2016, the Federal High Court ordered El-Zakzaky’s release, citing the illegality of his detention and the violation of his constitutional rights. This decision underscored the importance of judicial independence and the need to protect citizens from arbitrary detention.

Despite the court’s ruling, El-Zakzaky remained in detention for several more years, highlighting severe inefficiencies in the enforcement of judicial decisions. The delays in implementing the court’s order not only undermined the judiciary’s authority but also exacerbated tensions and unrest among his followers. This case illustrates the critical need for mechanisms to ensure timely compliance with court orders to maintain the credibility of the justice system.

Challenges and Prospects for Balancing Equity and Efficiency

The cases discussed above highlight several challenges in balancing equity and efficiency within the Nigerian judiciary:

1. Corruption and Political Influence: Corruption and political interference often undermine judicial independence and fairness. Cases involving political figures or high-profile individuals can be subject to undue influence, compromising equity and efficiency.
2. Procedural Delays: Inefficiencies in case management, lengthy procedures, and bureaucratic hurdles contribute to significant delays in the judicial process. These delays not only affect the timely delivery of justice but also increase the cost of litigation for the parties involved.
3. Resource Constraints: The judiciary often faces resource constraints, including inadequate funding, lack of infrastructure, and insufficient personnel. These limitations hamper the efficient functioning of the courts and contribute to case backlogs.
4. Public Perception: Public trust in the judiciary is essential for maintaining the rule of law. Perceptions of bias, corruption, and inefficiency can erode confidence in the judicial system, making it harder to achieve both equity and efficiency.

Recommendations for Enhancing Equity and Efficiency

To address these challenges and enhance the balance between equity and efficiency, several measures can be considered:

1. Judicial Reforms**: Comprehensive judicial reforms are needed to streamline procedures, reduce delays, and improve case management. Implementing technology solutions, such as electronic filing and case tracking systems, can enhance efficiency.
2. Anti-Corruption Measures: Strengthening anti-corruption mechanisms within the judiciary is crucial. This includes establishing independent oversight bodies, enhancing transparency in judicial appointments, and ensuring accountability for misconduct.
3. Capacity Building: Investing in the training and development of judicial personnel can improve the quality of adjudication and case management. Capacity-building programs should focus on legal knowledge, ethical standards, and efficient case handling.
4. Public Awareness: Increasing public awareness about the legal process and the importance of judicial independence can foster greater trust and confidence in the judiciary. Public education campaigns and community engagement initiatives can play a significant role in this regard.
5. Enforcement of Judicial Decisions: Ensuring timely enforcement of court orders is critical for maintaining the authority of the judiciary. Establishing mechanisms for monitoring compliance and holding authorities accountable for delays can enhance the effectiveness of judicial decisions.

Conclusion

The balance between equity and efficiency in the Nigerian judiciary is a dynamic and ongoing challenge. Recent cases illustrate both the successes and shortcomings of the legal system in achieving this balance. While significant strides have been made in upholding justice, addressing the underlying challenges requires sustained efforts and comprehensive reforms. By enhancing judicial independence, streamlining procedures, and fostering public trust, Nigeria can move closer to a legal system that effectively balances equity and efficiency in a complex world if we are all wiling to a part of our justice system.