President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe SAN, has called for sweeping judicial reforms to address the growing backlog of cases in Nigerian courts.
Speaking in a recent interview with Arise TV, Osigwe highlighted the urgent need to review the judiciary’s role in pre-election matters and the types of cases that should reach the Supreme Court.
Osigwe SAN criticized the overwhelming number of pre-election disputes flooding the courts, arguing that such matters should be resolved internally by political parties rather than being justiciable.
“Personally, I am of the view that pre-election matters should not have any place in our courts, that the political parties should be able to choose their candidates, and those that are aggrieved should resort to internal redistribution mechanisms within the political parties,” he stated.
He noted that election-related cases significantly burden the judiciary, causing delays in other legal proceedings and placing immense pressure on judges.
“During the periods that the Federal High Court hears these cases, they have to largely suspend the hearing of most other cases, and it puts a lot of pressure and burden on the judges,” Osigwe explained.
The NBA president also urged a review of the types of cases that go on appeal, emphasizing that not every case should reach the Supreme Court. He pointed to Nigeria’s ongoing constitutional amendment process as an opportunity to address these inefficiencies.
“At this age and time, I don’t see why customary law issues, landlord and tenant issues—just every matter—should go all the way to the Supreme Court,” he said. “We should be able to determine the nature of cases that should go on appeal to our courts and the cases that should not go beyond the appellate courts, so that we reduce the burden on our courts.”
Osigwe suggested that Nigeria could adopt a model similar to the United States Supreme Court, where the court selectively decides which cases to hear. This, he argued, would prevent excessive delays and ensure that only matters of significant constitutional importance reach the highest court.
“We can’t have a situation where cases take 12 to 15 years to be determined,” he warned. “Matters that should go to a Supreme Court should be those that raise constitutional issues or require the court to establish rules and provide certainty, especially where appellate court decisions have been conflicting.”
Osigwe SAN called for urgent discussions among key stakeholders, including the judiciary, the NBA, and other legal bodies, to drive meaningful reforms that would enhance the efficiency of Nigeria’s legal system.
“Maybe we should have that hard conversation at this time,” he said. “Maybe the judiciary, the NBA, and other concerned bodies should play a role in bringing about these reforms.”
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