The Scale of Justice: Balancing Equity and Efficiency in Nigerian Justice System By Barrister Olumide Ogidan

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

Introductory Comment

I have to say that the topic given to me is broad, so I had to coin this out of the topic as this has to do with the Nigerian Justice System.

Introduction

John Rawls (1971) has pointed out the word ‘justice’ as ‘the first virtue of social institutions’. Justice is related to the social institutions which guide the actions and ideas of social change. He viewed justice in the background of society and for this reason he says that the main concern of the subject matter of justice is social structure which is the core of society. That is justice deals with the basic social structure. The social institutions are very important in the sense that they take the responsibility of distributing fundamental human rights and duties efficiently. In this sense, it is a distributive concept. A distribution may affect the evaluation criteria, such as welfare, directly or indirectly[1]. Equity refers to normative criteria for judging the distribution. It is also defined as being fair and partial. In either sense, equity is basic to the justice process. Efficiency of justice is a major component in the smooth administration of justice. It is the effective and economical use of resources to achieve justice. The scale of justice represents the pursuit of equitable justice. As per Eleanor Roosevelt, justice is meant to serve all people, not one person. As such, the scale shows the importance of a balanced decision that serves all involved in a question of justice.[2]

The balance of equity and efficiency in the administration of justice is very essential to ensure that justice is served fairly and effectively. The two concepts are intertwined, as a system that is efficient but not equitable may be seen as unjust.[3] Is there truly a balance of equity and efficiency in the Nigerian Justice System? Are the procedures of law duly followed in the process of attaining justice?

The Nigerian Justice System is a critical component of the country’s democratic governance structure. It is responsible for maintaining law and order, upholding the rights of citizens, and ensuring that justice is served. However the Nigerian justice system is close to a breaking point. Its system faces significant challenges in balancing equity and efficiency. This imbalance can lead to delays, corruption, and lack of trust in the judiciary. The current state of the justice system in Nigeria is characterized by inefficiency, corruption and limited access to justice[4].

Some of the challenges faced by the Nigerian Justice System includes;

  • Corruption: This is one of the many challenges to the administration of justice in Nigeria. It undermines trust in institutions and hinders progress. This has resulted in the perversion of justice, wrongful convictions and acquittals of guilty parties[5]. Corruption in the judiciary is a bane in our justice delivery. Corruption will can never bring about balance in justice delivery. Corruption in the judiciary is so endemic as it permeates all stakeholders in the justice delivery system, starting from the judges, to lawyers to judicial staff and even litigants. Litigants will be demanding to know where a particular judge hails from in order to procure someone who will help influence the judge. Litigants can go to any length to influence their cases and unfortunately lawyers play a role in subverting the will of justice.
  • Limited use of technology: The justice system has been slow to adopt technology, hindering efficient case and data management where the lack of digital systems for data management and analysis hinders the ability to track trends, identify patterns, and inform judicial decision-making. It also slows down hearing of cases as judges have to take notes on long hand while taking trials. It is time to change from the norm.
  • Constitutional Challenges: The Nigerian Constitution, like any other, is a complex document that outlines the framework and powers of government, as well as the rights and responsibilities of citizens. However, like many constitutions, it is not immune to ambiguities, contradictions, and controversies. Some examples of constitutional challenges include: Constitutional amendments, Judicial Interpretation, Constitutional omissions, precedent and Stare decisis, among others. These constitutional challenges can lead to legal disputes, political tensions, and social unrest, underscoring the need for ongoing dialogue, judicial review, and constitutional reform to address these issues and strengthen the Nigerian justice system.
  • Executive Suppression and Intimidation of the Judiciary: When there is suppression of the judiciary, it affects the way and manner of dispensation of justice by the judiciary. Justice would hardly be administered without fear or favor. The executive arm has been known to exert significant influence over judicial officers, often through bribery and other forms of corruption. A clear example of this are the conflicting decisions emanating from Kano High Court and Federal High Court, Kano State over the tussle affecting Kano emirate. It is unhealthy for a system for a Federal High Court to assume jurisdiction over a chieftaincy matter. All these are happening due to the influence of the executive over the decisions of the judiciary.
  • Delays: The Nigerian justice system is well known for its delays. The issue of inability to bring witnesses to court, prison failures, case transfers results to delay in justice[6]. Also congested cause list also delay hearing of cases. There are some courts that have over 40 cases on their cause list in one day, there is no way the judge can accommodate such number of cases without further adjourning some of the cases to a further. Currently at the Court of Appeal, Akure Division, there is no more date in 2024, cases are now been adjourned to 2025. This is just one out of many.
  • High Cost of Litigation: The high cost of litigation can deter people from seeking justice, especially those who cannot afford legal representation. The rise in cost of goods and services has also affected justice service delivery. Clients have to pay more for legal services rendered.
  • Punitive Approach to Crime: The justice system often focuses on punishment rather than rehabilitation, leading to lack of restorative justice and reparation for victims.[7]

To maintain a balance in equity and efficiency in the Nigerian justice system, the following should be considered;[8]

  • Proportional Sentencing: Reformation of the sentencing process is essential to align it with the modern principles of justice. The focus should shift from punitive measures to a more balanced approach that emphasizes rehabilitation and reintegration. By providing individuals with the necessary resources and support to rebuild their lives, there can be reduction in recidivism.
  • Technology adoption: This can revolutionize the Nigerian justice system, making it more efficient, transparent, and accessible. Some specific technological solutions include: Electronic filing and service of documents which would reduce paperwork and delays; Digital payment systems by securing online payment platforms for fines, fees, and settlements, among several others. By embracing technology, the Nigerian justice system can modernize and improve its services, better serving the needs of citizens and promoting a more just society. This innovations have been embraced by some of our courts. For instance, Ondo State High Court just recently trained lawyers and judicial staff on e-filing. This should come fully into effect hopefully by the beginning of new legal year. Lagos State, a leading light in innovations, has long embraced technology in their justice delivery system. Judgments are immediately sent to lawyers’ email upon delivery. Others States can follow suit.
  • Equal access to Justice: This is paramount in ensuring a fair justice system. The two pillars of justice ‘audi alteram partem’ which means hear the other side and ‘nemo jedex in causa sua’ which means that one cannot be a judge in this own cause must be followed strictly in order to ensure fairness and equality. This is achievable if we all commit to it. All hands must be on deck to ensure equal access to justice. There must be no form of discrimination in the quest for access to justice.
  • Adequate Legal Representation: Efforts should also be directed towards removing barriers that prevents individuals from seeking and receiving adequate representation. In particular, human rights protection must be integral in reforming how justice is efficient and accessible to all. Upholding the rights of all individuals, regardless of their socio-economic status or background is crucial for a truly equitable justice system.
  • Increase in Courts Efficiency: Increasing courts efficiency through digitalization, streamlined procedures, and improved case management systems can help alleviate these burdens. By embracing technology, there can be reduction in paperwork, automate repetitive tasks, and ensure that cases move through the system more smoothly. Also we must improve human power. We need more judges in our courts. The work is becoming enormous day by day. At the Court of Appeal Akure Division, there are over 2000 cases unattended to and we have just three (3) justices. There is no way they can attend to all the cases. Lots of cases will suffer long adjournments.
  • Exploring Alternative Dispute Resolution: This can promote swifter resolutions while reducing strain on courts. Mediation and arbitration can provide parties with a faster and more cost-effective way to resolve their disputes. Access to justice can also be expanded by integrating these alternative dispute resolution methods across all levels of the justice system, ensuring that every citizen has the opportunity to resolve disputes efficiently and fairly.

These are just a few out of many things to be done to improve equity in our justice delivery system.

Conclusion

In conclusion, the scale of justice is in place to ensure a balance in equity and efficiency for proper administration of justice. Effective systems must balance these two principles to ensure fair and timely resolution of cases, while promoting equal opportunities for all individuals.

We can have a balance and equity in our justice sector if we are all committed to it. All hands must be on deck. We can get it right if we determine to so do. It starts with you and I.

I am grateful for this opportunity to present this lecture though in absentia, I believe in Nigerian Justice System and I know we will get it right someday.

Thank you for listening and God bless.

 [1] Lowa State University, ‘A theory of Justice’ <https://www2.econ.iastate.edu/classes/econ362/hallam/Readings/Rawl_Justice.pdf> accessed 19 June 2024

[2] Abby Conklin and Jessica Schubert, ‘Lady Justice Balance Scales (Symbol and Meaning)’ <https://study.com/learn/lesson/lady-justice-balance-scales.html> accessed 19 June 2024

[3] Abby Conklin and Sherri Hartzell, ‘Criminal and Social Justice (Definition and Examples)’ <https://study.com/academy/lesson/criminal-justice-social-justice-the-issues-of-equity-fairness.html> accessed 20 June 2024

[4] United Nations, ‘Strengthening Judicial Integrity and Capacity in Nigeria’ https://www.unodc.org/pdf/crime/corruption/nigeria/Nigeria_First_%20Federal.pdf> accessed 21 June 2024

[5] Benjamin Ajayi, ‘The Administration of Justice in Nigeria: Issues and Challenges <https://www.researchgate.net/publication/357992578_The_Administration_of_Justice_in_Nigeria_Issues_and _Challenges> accessed 21 June 2024

[6] Agbonika John and Alewo Musa, ‘Delay in the Administration of Criminal Justice in Nigeria’ Journal of Law, Policy and Globalization Vol 26, 2014 <https://core.ac.uk/download/pdf/234649906.pdf> accessed  21 June 2024

[7] Ngozi E. Nwafor and Onyeka Christiana Aduma, ‘Problems of the Administration of Criminal Justice System in Nigeria and the Applicability of Alternative Dispute Resolution’ <https:journals.unizik.edu.ng/index.php/jcpl/article/download/476/448> accessed 21 June 2024

[8] GGI Insights, ‘Justice System Reform: Advancing Fairness and Efficiency’ <https://www.graygroupintl.com/blog/justice-system-reform> accessed 20 June 2024

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