The 2024 EICS report highlights significant issues within Nigeria’s judiciary, particularly the Supreme Court, revealing a profound failure to uphold ethical standards.
With a zero percent score in ethics and integrity, the judiciary has eroded public trust, leaving citizens frustrated by delays and corruption in the legal system.
Poor judicial performance in Nigeria erodes public trust in the legal system. Most citizens feel they cannot obtain justice through the courts.
Also, The slow justice system in Nigeria has caused significant economic consequences. It deters potential investors and hinders growth.
Businesses hesitate to invest in a country where disputes take years to resolve, stalling economic progress.
The World Bank’s Ease of Doing Business rankings place Nigeria among the lowest due to contract enforcement difficulties. The slow justice system is reported to result in an estimated annual loss of ₦100 billion.
The EICS Report
The 2024 Ethics and Integrity Compliance Scorecard (EICS) is a tool used by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in Nigeria to assess public institutions’ ethical standards and integrity.
EICS evaluates compliance, monitors performance, and identifies vulnerabilities within public institutions to combat corruption.
The 2024 EICS report exposes the urgent need to reform to restore faith in Nigeria’s Judiciary and ensure its effective operation.
Specific Areas that the Judiciary Failed
- Non-Compliance with Ethical Standards: The Supreme Court and 14 other agencies scored zero percent in ethical compliance. This shows a serious lack of adherence to ethical guidelines.
- Inadequate Financial Management: Many judicial institutions struggle with financial management and fail to produce necessary financial reports. For example, the Judiciary Staff Union of Nigeria went on strike in 2021 due to the non-implementation of financial autonomy.
- Absence of Whistleblower Protections: The lack of whistleblower protections hinders accountability within the judiciary. Individuals fear retaliation when reporting misconduct or corruption.
Key Indicators Used to Access Compliance
The ICPC assesses compliance using several key indicators in its Ethics and Integrity Compliance Scorecard (EICS).
- Management Culture and Structure (MCS) evaluates agencies’ ethical framework and organizational culture.
- Financial Management Systems (FMS) assesses the effectiveness of financial reporting, auditing, and resource management practices.
- Administrative Systems (AS) includes policies, ethics education, and whistleblower mechanisms that promote accountability and transparency.
What you should know
- Nigeria’s judiciary faces significant challenges in the first quarter of 2024, with 243,253 pending cases in Superior Courts, including 199,747 civil and 43,506 criminal cases.
- The 2024 EICS report has shown how the judiciary’s poor performance erodes public trust in the legal system.
- The National Judicial Council (NJC) has expressed concerns about judicial performance, noting that many judicial officers struggle to deliver timely judgments.
- During the National Summit on Justice 2024, stakeholders emphasized the need for reform and accountability within the judiciary.
- The Nigeria Judicial Council issued letters of advice to judges, urging them to act circumspectly and improve their performance. They also empaneled committees to investigate allegations against judges and placed five judges on a pre-sanction watch list due to poor performance.
- Nigeria ranks 120th out of 142 countries in the World Justice Project’s Rule of Law Index, scoring 0.44. This score marks Nigeria’s lowest performance since 2015 and reflects a decline from previous years. The index assesses how nations uphold human rights and maintain the rule of law, evaluating government constraints, corruption levels, and the effectiveness of civil justice systems.
- Former Chief Justice of Nigeria, Justice Olukayode Ariwoola highlighted issues like corruption and inefficiency that hinder justice delivery.
- Reports show that government agencies often ignore court orders, eroding public trust. For instance, The Nigeria Police ignored a Lagos High Court order that mandated the remand of Mr. Dada Aigbe, Chairman of Confidence Cargo Freight Forwarder, in a custodial center for contempt.
Moreover, Nigeria scored poorly in the civil justice system, ranking 106th with a score of 0.44. This indicates the difficulties ordinary people face in resolving grievances effectively. The Public Complaints Commission also struggles with underfunding and reliance on the legislature, further complicating access to justice.
In criminal justice, Nigeria scored just 0.38, ranking 91st overall. The NJC emphasized the urgent need for reforms to address systemic issues within the judiciary.
Causes of Poor Judiciary Performance
- Corruption: Corruption significantly undermines judicial integrity in Nigeria. In 2022, former Chief Justice Tanko Muhammad resigned amid corruption allegations and neglecting judicial welfare.
The Citizens’ Gavel report showed that 92% of respondents distrust the judiciary due to perceived corruption.
- Misconduct: Allegations of misconduct against judges significantly damage the judiciary’s reputation in Nigeria.
- In August, The National Judicial Council (NJC) constituted four panels to investigate 27 High Court judges accused of judicial misconduct.
- Inefficiency: As of the first quarter of 2024, Nigeria’s judiciary faced a backlog of over 243,253 cases in the first quarter of 2024.
- Litigants often wait years for justice due to systemic inefficiencies. The Centre for Socio-Legal Studies (CSLS) identified systemic weaknesses as the primary causes of inefficiency.
- Procedural Delays: The adjournment culture leads to significant delays in case resolutions. Lawyers frequently use delay tactics in high-profile electoral cases, prolonging proceedings.
During the 2023 elections, numerous cases faced adjournment. These procedural delays frustrate citizens seeking timely justice through the legal system.
- Lack of Accountability: A culture of impunity persists due to inadequate accountability mechanisms within the judiciary. The ICPC’s failure to act on compliance assessments allows misconduct to continue unchecked.
The Citizens’ Gavel report revealed that 92% of participants expressed serious reservations about judicial integrity.
Economic Consequences A slow justice system deters potential investors and hampers economic growth. Businesses hesitate to invest where disputes take years to resolve. The World Bank’s Ease of Doing Business rankings place Nigeria among the lowest due to contract enforcement difficulties. It was reported that the slow justice system results in an estimated annual loss of ₦100 billion.
Solutions to Poor Performance of the Judiciary
- Judicial Reforms: Urgent reforms are needed to enhance the integrity and efficiency of the judiciary. Ex-Representative Luke urged the new Chief Justice of Nigeria to implement judicial reforms that strengthen the rule of law and enhance justice delivery.
- Increased Funding: Increased funding is essential for addressing the poor performance of the judiciary in Nigeria. The Nigerian Bar Association (NBA) has highlighted that inadequate financial resources hinder the effectiveness of magistrates and court workers, resulting in delayed justice and a backlog of cases.
- Capacity Building: Capacity building is vital for enhancing the performance of the judiciary in Nigeria. Organizations are actively working to improve access to justice by providing training and resources for judicial staff. These initiatives equip magistrates and court workers with essential skills, enabling them to handle cases more effectively.
- Implementation of Technology: Integrating technology into Nigeria’s judicial system is essential for improving justice delivery. The Public and Private Development Centre (PPDC) recently relaunched its Court Administration and Case Management (CACM) technology, which features real-time speech-to-text transcription and digital case scheduling. Deployed in six states, this initiative aims to digitize 50% of Nigerian courts within five years, enhancing efficiency and reducing procedural delays.
- Alternative Dispute Resolution (ADR): Advocating for Alternative Dispute Resolution (ADR) is crucial for expediting dispute resolution in Nigeria. Stakeholders emphasize that ADR methods, such as mediation and arbitration, can significantly reduce the backlog of cases in the judiciary.
- Whistleblower Protections: At the National Summit on Justice 2024, stakeholders urged stronger whistleblower protections to encourage reporting of corruption and enhance judicial integrity
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