‘Superior courts’recesses too lengthy’

In this piece, Deputy Director of Access to Justice Dr.
Adenike Aiyedun argues that long general court recesses have a
negative impact on justice delivery. He urges the judiciary to
adopt a system of staggered rather than cumulative judges’ holidays
so that the justice system remains in service all through the
year.

Introduction

Last week, many courts, including the Federal
High Court and many State courts, went on recess. Although the
recess period varies from jurisdiction to jurisdiction, they
are  expected to last for about eight weeks (two months). Most
cases before the courts will recommence after the vacation period,
even if provisions are generally made for a few vacation judges to
handle emergencies, who will sit throughout the vacation period.
This recess is, however, not the only vacation superior court
judges are entitled to. They also go on recess for two weeks at
Easter and two weeks at Christmas time. In total, Nigerian courts
are generally closed for vacation for about 12 weeks (three
months). The status quo requires immediate
review for the prosperity and efficiency of our justice system,
particularly given the many frustrations that litigants have
expressed with court delays, and the overall performance of the
Judiciary.

How lengthy recesses cause
 delayed trials

From the outset, we acknowledge that Nigerian judges face
enormous challenges, as with many other Nigerians, with regards to
a lack of proper infrastructure and difficult work conditions, and
also understand that many judges often extend their official work
hours into their private time in order to meet the exigencies of
their respective dockets. Yet, in spite of these challenges, there
are also important counter-vailing considerations. So much of what
the public and the country expects of the judiciary is not being
met at this time, and this has created significant agitation among
court users and Nigerians in general, ultimately reducing the level
of trust placed in this arm of government.

The Nigerian (superior court) judiciary enjoys one of the
lengthiest vacation systems in the world.  Even though,
Nigeria has some of the most intractable problems of court delays,
among its peers around the world. As such, any efforts to reduce
prolonged trial delays must address the availability of judges to
sit in courts, at all times. The conundrum of access to courts in
Nigeria is widespread and requires urgent attention, and the
judiciary has never quite been able to surmount this problem, in
spite of some modest efforts to do so. Systematic court delays,
however, deny citizens effective access to justice, and indeed
derail justice, and this must be combatted in order to re-inspire
public confidence in the justice system.

Court delays partly account for the excessively high awaiting
trial prison population, with roughly 70 per cent of prison
inmates, in this category. Long court vacations also jeopardise the
fair trial rights of persons who are in prison custody and are
undergoing trial, or persons who are not entitled to bail, or have
not been able to meet bail terms. Furthermore, long court recesses
negatively impact on the trial of corruption cases, and are also
partly responsible for the tardiness in the conclusion of those
cases.

Given the public interest in the timely disposition of
corruption cases, there is an urgent need to reform how judges
handling corruption cases, should break for vacation. Moreover,
long court vacations adversely affect the availability of witnesses
to give evidence during trials, and can have serious impact on the
outcomes of those trials.

The practice in other jurisdictions

In most Western countries, superior court Judges go on leave for
between four and 12 weeks yearly (one-three months). During these
vacation periods, however, the criminal justice system is not put
in abeyance as a result. Many countries ensure that judges’
holidays are staggered and not cumulative to make sure that the
justice system remains in service all through the year, and some
countries have abolished general court recess all together, to
ensure the efficacy of their criminal justice system and guarantee
the protection of fair trial rights for their citizens. In India,
for instance, which shares some social characteristics with
Nigeria, judges go on recess for only nine weeks cumulatively.

The way out

Access to Justice, therefore, urges the National Judicial
Council as part of its reform agenda, to re-enliven public trust
and confidence in the judiciary by immediately adopting policies
limiting the amount of vacation time of Judges to nine weeks
cumulatively, and particularly changing vacation procedures so that
all criminal courts run continuously throughout the year (with
exceptions being made for individual or staggered vacation for
criminal court judges).

In this piece, Deputy Director of Access to Justice Dr.
Adenike Aiyedun argues that long general court recesses have a
negative impact on justice delivery. He urges the judiciary to
adopt a system of staggered rather than cumulative judges’ holidays
so that the justice system remains in service all through the
year.

Introduction

Last week, many courts, including the Federal
High Court and many State courts, went on recess. Although the
recess period varies from jurisdiction to jurisdiction, they
are  expected to last for about eight weeks (two months). Most
cases before the courts will recommence after the vacation period,
even if provisions are generally made for a few vacation judges to
handle emergencies, who will sit throughout the vacation period.
This recess is, however, not the only vacation superior court
judges are entitled to. They also go on recess for two weeks at
Easter and two weeks at Christmas time. In total, Nigerian courts
are generally closed for vacation for about 12 weeks (three
months). The status quo requires immediate
review for the prosperity and efficiency of our justice system,
particularly given the many frustrations that litigants have
expressed with court delays, and the overall performance of the
Judiciary.

How lengthy recesses cause
 delayed trials

From the outset, we acknowledge that Nigerian judges face
enormous challenges, as with many other Nigerians, with regards to
a lack of proper infrastructure and difficult work conditions, and
also understand that many judges often extend their official work
hours into their private time in order to meet the exigencies of
their respective dockets. Yet, in spite of these challenges, there
are also important counter-vailing considerations. So much of what
the public and the country expects of the judiciary is not being
met at this time, and this has created significant agitation among
court users and Nigerians in general, ultimately reducing the level
of trust placed in this arm of government.

The Nigerian (superior court) judiciary enjoys one of the
lengthiest vacation systems in the world.  Even though,
Nigeria has some of the most intractable problems of court delays,
among its peers around the world. As such, any efforts to reduce
prolonged trial delays must address the availability of judges to
sit in courts, at all times. The conundrum of access to courts in
Nigeria is widespread and requires urgent attention, and the
judiciary has never quite been able to surmount this problem, in
spite of some modest efforts to do so. Systematic court delays,
however, deny citizens effective access to justice, and indeed
derail justice, and this must be combatted in order to re-inspire
public confidence in the justice system.

Court delays partly account for the excessively high awaiting
trial prison population, with roughly 70 per cent of prison
inmates, in this category. Long court vacations also jeopardise the
fair trial rights of persons who are in prison custody and are
undergoing trial, or persons who are not entitled to bail, or have
not been able to meet bail terms. Furthermore, long court recesses
negatively impact on the trial of corruption cases, and are also
partly responsible for the tardiness in the conclusion of those
cases.

Given the public interest in the timely disposition of
corruption cases, there is an urgent need to reform how judges
handling corruption cases, should break for vacation. Moreover,
long court vacations adversely affect the availability of witnesses
to give evidence during trials, and can have serious impact on the
outcomes of those trials.

The practice in other jurisdictions

In most Western countries, superior court Judges go on leave for
between four and 12 weeks yearly (one-three months). During these
vacation periods, however, the criminal justice system is not put
in abeyance as a result. Many countries ensure that judges’
holidays are staggered and not cumulative to make sure that the
justice system remains in service all through the year, and some
countries have abolished general court recess all together, to
ensure the efficacy of their criminal justice system and guarantee
the protection of fair trial rights for their citizens. In India,
for instance, which shares some social characteristics with
Nigeria, judges go on recess for only nine weeks cumulatively.

The way out

Access to Justice, therefore, urges the National Judicial
Council as part of its reform agenda, to re-enliven public trust
and confidence in the judiciary by immediately adopting policies
limiting the amount of vacation time of Judges to nine weeks
cumulatively, and particularly changing vacation procedures so that
all criminal courts run continuously throughout the year (with
exceptions being made for individual or staggered vacation for
criminal court judges).