2025: Issues that will shape Judiciary
2025: Issues that will shape Judiciary

By Taiwo Adisa

In the three-part series on issues and personalities that would shape 2025, which commenced on Tuesday, December 31, 2024, we have so far unveiled the issues and key actors in the executive, the legislature and the business world. Tuesday was devoted to the shape of politics to come in 2025, the position of the actors or combatants, the role of the legislature and the state of the major political parties. On New Year Day, Wednesday, January 1, 2025, we delved into the business world, unveiling the issues and actors that would shape the New Year. In this third and final part, we are looking at the faces and issues that would shape the judiciary, health and entertainment sectors.

Health is wealth, so goes the popular saying, but a healthy mind also deserves to be entertained because all work and no play, ‘makes Jack a dull boy’, as we were told in the formative years. When you work and play, you equally need to learn not to stretch your hands close to the nose of the other man, otherwise, the courts are there to adjudicate. Such is the interconnectivity we have weaved into making the three sectors stand together in this part.

Thus, this closing part will be examining the key issues and actors that would shape the Judiciary, health and entertainment circles in 2025. Someone may ask why the Judiciary is only coming up in the concluding party or why it was not included in the earlier series, such a person will only be referred to the constitutional classification of powers in the democratic setting. Government is recognised to have three arms-the legislature, the executive and the judiciary.

Though some persons tend to put the executive ahead of the pack, because of the enormous powers it holds, governance system actually recognises the legislature as the first estate. In the Constitution of the Federal Republic of Nigeria, 1999 (as amended), that fact was properly signposted as the Constitution recognises the Legislature in Chapter five, the Executive in Chapter six and the Judiciary (judicature) in Chapter seven. The reason for that setup is simple; the legislature is like the central nervous system of the democratic system. The laws made by the legislature is executed (implemented) by the executive, while the judiciary interprets the same laws. That is notwithstanding the complex web that provides the

leeway to the executive and the judiciary to also “make” law in a way. Regardless of the classifications, discussions about impact of the actors in a democratic government cannot be complete without the inputs from the judiciary. Year 2024 saw the Judiciary making major declarations that defined the shape of the country. The judgment on local government autonomy and the affirmation that the law setting up the Economic and Financial Crimes Commission (EFCC) was validly passed into law defined the assignment of the sector in the outgone year.

In 2025, major landmarks are equally expected, with the sector set to pronounce on the legality of the governorship election in Edo State among other key matters that litter the face of operations in the sector.

The Health sector was bedeviled by so many ills in 2024. Strikes of major unions characterised the year, compounding the heavy burden of brain drain, now generally called Japa syndrome in the sector. While we look forward to better service delivery in the sector in 2025, the outlook presents a sort of mixed bag.

Creativity is the hallmark of entertainment. To elicit laughter from an averagely anxious Nigerian, these days, you must spark something that would jam and subdue the tension within and turn things around. No one can deny that the entertainment sector lived up to its billing in 2024. With blockbuster movies hitting the box offices not just locally but across the globe, epic scenes of yore brought back to life, making yesterday look as fresh as today, rib-cracking jokes that draw tears from the audience of stand-

up comedians and so much rhythms that vibrate from the music boxes, winning the actors and musicians international laurels, the year was indeed eventful. But there is a promise of better delivery and higher heights in the New Year. The belly of the entertainment sector is heavily protruding and only the evolution of the days of the month this year will provide us the full account of that pregnancy. The details are contained in the following presentations.

The year 2024, which began relatively quiet for the Nigeria judiciary, was punctuated midway by a judicial battle initiated by the Federal Government against the 36 states over the funding of 774 local governments in the country. The victory from the first challenge has energised the central government to brag about more judicial fights over issues that border on legality, constitutionality and constitutionalism.

In 2024, Justice Kudirat Kekere-Ekun had only four months to lead the country›s judiciary as its Chief Justice, in year 2025, however, she has a full year ahead of her to implement the reform she promised. Nigerians, especially stakeholders in the justice sector are expecting her to match her words with action in bringing about a new dawn in the judicial system.

This widespread expectation is further fueled by her reputation as a no-nonsense jurist and an upright officer in the temple of justice, though she is short on experience as an administrator, considering this is her first time in judicial administration. Nonetheless, she has been in the sector for 43 years, first as a lawyer before joining the bench.

The failure of her immediate predecessor, ex-CJN Kayode Ariwoola to either evolve or implement any major reform, known to the Nigerian public, when he took over from the not so eventful tenure of his then-predecessor, former CJN Tanko Muhammad, has added to the pressure on the incumbent to be a game-changer, considering the dwindling rating and unbridled attacks on the reputation of the arm of government both home and abroad.

An inside source disclosed to the Nigerian Tribune that the CJN may be working on a very comprehensive reform which would require bringing stakeholders together in a kind of a forum, though the shape and scope may not be close to what would be called a committee.

Justice Kekere-Ekun was appointed at a time when public trust in the judiciary was at a historic low, with issues like delayed justice, allegations of corruption, and conflicting court judgments undermining the institution’s reputation.

In her inaugural speech, Justice Kekere-Ekun laid out her vision for reforming the judiciary, addressing concerns that had plagued the system for years. She proposed a bold reform agenda, including limiting pre-election cases from reaching the Supreme Court, introducing full digitalisation of court processes, and tightening the criteria for appointing judges.

Justice Kekere-Ekun, who declared a new dawn and a new era in the judiciary, will, in the coming year go headlong in tackling the widespread abuse of ex-parte orders and the issuance of conflicting judgments.

Her pledge

The Chief Justice pledged to build a judiciary that every Nigerian will be proud of. This she plans to do, by making the generality of the people “have more confidence in the judiciary.”While speaking moments after her swearing in by President Bola Tinubu at the State House, Abuja, Justice Kekere-Eku said: “We will make sure that people have more confidence in the judiciary. We all have to be on board because we all see the areas that are in need of improvement. I believe that there will be maximum cooperation because we all want to see a better judiciary.

“A better judiciary is for the benefit of the entire nation. Whatever the shortcomings that we see today, we are all members of the society so, if we want to see a better society, if we want to see improvement, let the improvement start with each and every one of us and our approach to justice.

“Let us all have faith in the system and then also be particular about the process of appointment, I know it is a source of a lot of concern; the issue of discipline on the bench and at the bar as well.

“All of these things are aspects that we will look into and I believe that by the grace of God, at the end of my tenure, we should be able to have a judiciary that we will all be proud of.”

Bar raises the bar

Already, some lawyers have drawn the attention of the CJN to areas they reasoned require urgent reforms in the judiciary. For instance, a former chairman of the Garki branch of the Nigerian Bar Association (NBA), Mr Obioma Ezenwobodo said the main issue that will dominate the judiciary in 2025 bothers on the integrity of the judiciary going by the contentious case of Dele Farotimi.

He said the judiciary, under Justice Kekere-Ekun, should work hard to restore public confidence which he says, is on an all-time low. This, he said, can be done by showcasing more judicial activism to correct errors in the system. He said:

“There is also a heightened issue of abuse of civil rights by public and private individuals. The judiciary would be so occupied with this issue this year.”

Other lawyers also joined in setting a reform agenda for the CJN to address key issues undermining judicial integrity and effectiveness. This agenda includes: ensuring merit-based judicial appointments in line with Section 231 of 1999 Constitution of The Federal Republic of Nigeria (as amended), and countering nepotism and favoritism that have historically compromised judiciary’s credibility and addressing the problem of abuse of interim injunctions and ex-parte orders, as well as conflicting judgments by implementing clear guidelines and improving judicial coordination.

Other areas, the lawyers called Her Lordship attention to, include: enhancing discipline and accountability within the judiciary, addressing the crisis of political cases, election petitions, and judicialisation of politics and reform of the Supreme Court.

President of the Bar, Mazi Afam Osigwe, on his part assured that the NBA will work to improve access to justice by developing courts that are user-friendly with prompt disposal of cases, and put in place measures that ensure quick dispensation of justice without resorting to technicalities, time-wasting, or unnecessary applications for adjournments.

He stressed the need to explore innovative solutions to make justice more affordable and accessible, such as the greater use of Alternative Dispute Resolution (ADR) mechanisms and the digitization of court processes.

Another pressing area of reform, which he indicated, is the reduction of the backlog of cases.

He said, “The reality is that our courts are overwhelmed by the sheer volume of cases, leading to significant delay in justice delivery. As a nation, we must embrace the modernization of our court systems, including the use of technology to expedite case management and reduce unnecessary delays. We must also reduce the number and types of appeals that come to the Supreme Court.”

NBA, Osigwe said, shall work with the NJC and various Heads of Courts to ensure effective utilisation of the Legal Mail project initiated by the NJC, as well as work for the commencement of electronic filing and payment platforms for all superior and appellate courts in Nigeria to end the unnecessary costs, delays and inefficiencies encountered in filing processes in courts.

Unending law fare?

One issue that is certain to feature prominently in the judiciary in 2025, is the implementation of the July 11, 2024 Supreme Court judgment granting autonomy to the 774 Local Government Areas (LGAs) in the country.

The apex court, in the suit filed against the state governors by the AGF on behalf of the Federal Government also ordered that finances belonging to the LGAs be paid into their account directly from the federation account, without passing it through the account of the state governments, thus granting financial autonomy to the LGAs in the country.

At a function in Abuja recently, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN hinted that, the Federal Government will move against states enacting laws that are directed at circumventing the July 11 judgment of the Supreme Court on financial autonomy for the LGAs.

Fagbemi said the Federal Government would not hesitate to initiate contempt proceedings against such states while their attorneys-general would be referred to the Legal Practitioners Disciplinary Committee (LPDC) for professional misconduct.

His words: “I am aware that some states have embarked on the promulgation of legislations which appear to be antithetical to the tenets of the judgment of the Supreme Court. My simple point is that the states concerned are advised not to tread within the precinct of contempt of court. And, my colleagues at the sub-nationals should not also invite the attention of the Legal Practitioners Disciplinary Committee for misconduct.”

Fagbemi further disclosed that the suit in which the Supreme Court gave the July 11 judgment was intended to liberate the Local Government Areas from the stranglehold of the state governors and promote development at the grassroots.

Dropping a hint of the next legal battle with the governors, he said: “We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to also look at the Constitution and see whether they {states} should be allowed to continue to conduct local government election in the form that we have presently.”

Our reform agenda for 2025–AGF Fagbemi

Last week, the Federal Ministry of Justice held a public engagement session to update citizens on the milestones achieved by it in 2024, and to receive invaluable feedback from all stakeholders for future improvements.

At the event, which underscores the unwavering commitment of the Ministry towards fostering transparency, inclusivity, and accountability in the administration of justice in Nigeria, the AGF highlighted the reform agenda of the federal government for the new year.

The AGF reaffirmed the commitment of the Federal Government to upholding the rule of law, ensuring equitable access to justice, and building a justice system that is fair, transparent, and responsive to the needs of all citizens.

He said all hands must be on deck to foster a justice sector that inspires confidence and delivers on its mandate to serve the people.

Fagbemi said,the collaborative work among stakeholders in the justice sector through the Administration of Criminal Justice and Reforms Department (ACJR&D) and the Federal Justice Sector Reform Coordinating Committee (FJSRCC), of the Federal Ministry of Justice to deliver impactful reforms that address the needs and concerns of Nigerians; the justice sector has made remarkable progress in recent years.

The Chief Law Officer of the Federation told the gathering that the National Policy on Justice, 2024 – 2028 was developed by the Ministry in collaboration with stakeholders to address the challenges militating against effective administration of justice in Nigeria. The policy, which is a precursor of the 2017 – 2023 Policy, outlines 11 objectives and identifies 20 thematic areas for reforming the justice system.

It also provides a broad framework for effective collaboration between federal and state justice institutions through an effective mechanism for resolving cross-institutional and cross-sectoral challenges.

The 11 objectives outlined by the policy include: to promote and protect human rights and access to justice for all, especially the poor, weak and vulnerable, ensure fair and speedy dispensation of justice and effective enforcement of court decisions, promote correctional and restorative justice and alternative dispute resolutions, uphold the independence of the judiciary, ensuring its autonomy, integrity, and efficiency in dispensing justice and to strengthen the capacity and infrastructure of justice sector institutions to improve service delivery and professionalism.

Others are: to recognise and maintain the plural character of the Nigerian legal system while promoting harmony among its components, engender synergy and cooperation across the justice sector nationally and at both federal and state levels, promote openness, transparency and accountability in the justice sector and its capacity to curb corrupt practices and abuse of office, integrate technology and innovative solutions to modernize the justice system to enhance efficiency and transparency, mainstream the role of the justice system in enhancing national security, support fair, credible and violence-free elections, and facilitate economic growth as well as encourage compliance with Nigeria’s treaty obligations and promote international cooperation.

Arbitral policy.

In an effort to enhance the practice of arbitration of Nigeria, the Ministry of Justice has also developed the National Policy on Arbitration and Alternative Dispute Resolution, 2024. It is expected to feature prominently in the new year.

The policy as designed, is expected to promote Nigeria as an arbitration hub in Africa and create an enabling environment for foreign direct investment in Nigeria, thereby promoting the development of the national economy.

It also seeks to stimulate economic growth by attracting foreign investment, strengthening professional capacities, developing critical arbitration infrastructure, and establishing clear, structured guidelines for government agencies in negotiating and participating in arbitral proceedings.

A central pillar of the policy, according to the designers, is to transform Nigeria into a competitive, internationally-recognized arbitration hub with transparent, efficient, and globally-compatible dispute resolution mechanisms.

In July 2024, the policy was approved by the Federal Executive Council for national implementation.

Fagbemi noted that the ministry is currently collaborating with the Ministry of Interior and Nigerian Correctional Service to conduct an audit of the Correctional Centres with a view to ascertaining the number of inmates, the condition of the correctional centres, the number and different categories of inmates in the correctional centres.

The first phase of the audit conducted in nine states and the FCT, took place between 21st and 25th November, 2024, and “it is hoped that when concluded, the outcome will assist the federal government in initiating and implementing appropriate policies and programmes that will enhance effective management of the correctional service,” he stated.

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