•70% of prisoners are awaiting trial
•Method of recruiting judges outmoded, says Agbakoba
Up to 25 lawyers are likely to be appointed as judges of the Federal High Court in the new legal year beginning in September to reduce the shortage of judges which hinders justice delivery.
A source in the judiciary told TheNiche that although the new appointments are not up to the number required, they will help in adjudicating several cases pending at the Federal High Court across the country.
He disclosed that about 100 nominees were received and sent to the National Judicial Council (NJC) which screened and pruned the number to 50.
It was learnt that out of the 50 applicants, who were interviewed last month, only 25 were employed because of inadequate funds. Budget allocation to the NJC, which oversees the welfare of judges, has been slashed for four years running.
The Federal High Court would have been comfortable with about 100 new judges for effective administration of justice.
Ordeal of litigants
The shortage of judges is glaring, as litigants face long adjournments and delays in hearing and dispensing of their cases. Suspects awaiting trial are kept in prison custody for years.
Judges have cases piled up in their courtrooms and, to hear other pending matters, often allot specific time to counsel in order to hear many cases a day.
Official figures showed that from 2011 when the Chief Judge of Federal High Court, Justice Ibrahim Auta, was sworn in to July this year, 16 judges have retired, died or promoted to the Court of Appeal.
Twelve judges were appointed in May 2012, but that leaves a shortage of four in that period alone.
That was the last time new judges were appointed in the Federal High Court, which currently has 55 judges in the 38 judicial divisions in the country.
Judges’ workload and welfare
Felix Fagbohungbe, a Senior Advocate of Nigeria (SAN), reiterated that the shortage of judges is the reason for the backlog of cases at the Federal High Court.
He said “25 new judges is quite substantial. The authorities are aware of the effect of shortage of judges and that is why they are filling the gap.”
Rotimi Jacobs, another SAN, added that the appointment of new judges “is good for the judiciary. It is good for administration of justice in Nigeria.”
He said judges are overworked and the appointment of new ones will be a big relief.
“They have not appointed judges for a long time and some of the serving judges have retired and no replacements. Cases are piled up and so 25 judges will not be enough,” he argued.
Jacobs canvassed for the appointment of more judges, saying, “I know more vacancies still exist.”
But Olisa Agbakoba, a SAN and former Nigerian Bar Association (NBA) President, anchored his view on the welfare of judges rather than the appointment of more.
According to him, the appointment of new judges will help distribute the workload in courtrooms but it is not the number of judges that matters but how well they discharge their duties and are motivated.
“I do not necessarily favour the argument that the appointment of judges will solve the problem, rather the existing judges are able to execute the job if well taken care of,” Agbakoba explained.
“If they are well paid and well taken care of, the few judges can efficiently do the work. An efficient judiciary is when all the judges are well catered for.”
He insisted that new appointments will not solve the problem of judges, “who are not paid well, who have no good car, house, no regular electricity to work in chambers, and no enough support staff to work with.”
Becoming a judge
To appoint new judges, the Judicial Service Commission (JSC) of each state, headed by the chief judge, nominates candidates who are screened by the NJC.
A lawyer based in Lagos, Chidi Nwuke, explained that state JSCs and justices of the Court of Appeal and of the Supreme Court nominate lawyers who meet the minimum requirement of 15 years post call practical experience among other requirements.
Federal character also plays a role. A candidate from a state that has filled its quota in the Federal High Court may not be appointed, even if qualified.
Names are forwarded to the Federal Judicial Service Commission (FJSC) which, after ascertaining that they meet the requirements, forwards them to the NJC for interview and further screening.
The NJC recommends successful candidates to the president for approval and appointment.
But when the Presidency was contacted by TheNiche, presidential spokesman, Femi Adesina, said his office does not have information on the judges.
Agbakoba described the procedure as outmoded. “We want to see more transparency. Before a judge is appointed, he has to go through a more transparent process so that we can get the best type of judges.”
Former Ikeja branch Chairman of the Nigerian Bar Association (NBA), Monday Ubani, added that judges should be recruited from a pool of applicants.
“Most of the people who are appointed into the judiciary are not fit and proper to be in the judiciary at all. We must return to the ideal, if it means let them apply.
“Let it be advertised and let the public make input on the kind of persons that should be made judges. Because the public know these people, they know their integrity and their level of competence,” he said.
There are 56,620 persons in prison in Nigeria, 17,586 (31 per cent) of which are serving time, and 39,034 (69 per cent) awaiting trial, that is, their cases are pending in court.
Awaiting trial persons face several hiccups that drag their cases endlessly. The police, judiciary, and prison system combine to make life brutish for them in various ways.
Many spend decades awaiting trial because of shoddy investigation by the police and the lack of adequate number of judges, which results in prolonged adjournments.