Two weeks after he called for the urgent repositioning of the nation’s judiciary to serve as a trusted and impartial pillar of democracy, the Chief Judge of Kwara state, Justice Abiodun Adebara, appears to have kickstarted the plan moving judges around. 10 have been moved from the state capital, Ilorin, to other parts of the state.
The major shake up in the state judiciary, was conveyed in a circular Adebara issued on 23rd January 2024, directing all the affected judges to report at their new stations next week Monday, 29th, January, 2024
The Chief Judge had earlier warned that he would do whatever it took to revive the ailing judiciary that had been characterised by alleged cases of inertia in justice dispensation
Concerns have been raised in the past about the very slow pace of work among the judges, with cases hanging for years without being disposed of
Though it is not clear whether all the judges affected by the transfer, were singled out for their less than satisfactory performance, investigations at the state high courts, have revealed that the transfers were meant to decongest the Ilorin High Courts and creat a more conducive environment for a faster dispensation of justice in the state
Many litigants have repeatedly complained about the very slow pace of justice in the Ilorin High Courts, alleging that some of the judges have not really met the expectation of the public, as cases have been pilled up for years without determination
A source within the system admitted to the slow pace of case movement, but argued that it will be unfair to blame only the judges
According to him, many lawyers too were part of the problem, because they always resort to filing frivolous applications just to delay cases in favour of their clients. “What do you expect the judge to do when a lawyer files applications in the middle of a case, asking for adjournment for one reason, or the other, the judges hands are tied, because, if you refuse to allow such applications, the chances are that the lawyer will file an appeal in a higher court to argue the application, which might even take a much longer time to be determined, before you can proceed with the main suit, and that’s why you find that such applications are most often granted, just to keep the case going.”
Further investigations have also revealed that most of the judges are yet to embrace the computer technology as they still record proceedings and write judgements in long hands
Equally challenging are the not too conducive environment for work and poor remuneration of judges and other key judicial workers, which have continued to affect productivity on the bench.
Recall that at opening of the legal year two weeks ago, Adebara said: “The justice system has been plagued by a backlog of cases, delays, corruption, and lack of access to justice for many citizens, especially the poor and marginalised.
“We must first acknowledge and address the challenges that have hampered its effectiveness in the past. I believe that we are at a critical juncture in our country’s history where the judiciary must reposition itself as a trusted and impartial pillar of our democracy.
“The judiciary is the final arbiter of justice in our society, and it is our responsibility to ensure that every person is treated fairly and equitably under the law,” Adebara stated.
He said the challenges would be tackled head-on, adding that judicial officers would work together to find innovative solutions to ensure that justice is delivered promptly and efficiently to all.
“As chief judge, I pledge to work tirelessly to address these challenges and to restore the faith of the people in our judiciary.
“To achieve this goal, we shall embrace technology and modernise our processes to make them more efficient and transparent. We will also invest in training and capacity building for our judges, and support staff to enhance their skills and competencies.
“Furthermore, we will improve access to justice for all citizens, regardless of their social or economic status. We shall work to simplify legal procedures and make the justice system more user-friendly for those who cannot afford legal representation,” he said.
According to him, the repositioning of judiciary was a task that requires concerted efforts of all stakeholders, called upon all members of the legal community, civil society, and the government to work together towards the common goal.
“Let us commit ourselves to building a judiciary that is trusted, efficient and just. Together, we can achieve this and build a better society for all,”he said.
Reeling out figures, Adebara the total of cases registered in all tiers of Court in the state in the 2022/2023 legal year ended at 26,533, out of which 13,720 were decided, leaving 12,813 pending cases at the beginning of the current legal year.
He said that the total revenue generated from both criminal and civil cases in all the courts as well as the Probate fees in Kwara state in the last legal year as fines and court fees amounted to N83,674,936.86.
His words, “In taking stock of our performance in the last legal year, let me start with the Area Courts. A total number of 7,580 Criminal cases were registered out of which 4,825 cases were decided leaving a total of 35 cases pending.
“A total sum of N5,836,000.00 was realised as fees. Still on the Area Courts, a total of 6,762 civil cases were registered out of which 3,448 cases were determined, leaving balance of 3,314 cases pending. A total sum of N9,570,000.00 was collected as fees.
“Next to consider are the Magistrate Courts where a total of 6,556 criminal cases were registered out of which 2,532 cases were disposed of, leaving 4,024 pending cases.
“A total sum of N7,640,000.00 was realised as fines. Still on the Magistrate Courts, a total number of 4,619 civil cases were registered out of which 2,220 cases were decided leaving 2,399 cases pending. A sum of N20,530,000.00 was collected as fees.
“In the various Divisions of the High Court, a total of 318 Criminal cases were filed with 217 cases disposed of, leaving 101 cases pending. A total sum of N4,250,000.00 was realised as fines in the High Court.”
On civil cases in the High Court, he disclosed that a total number of 698 cases , he said, were filed, out of which 478 cases were determined or decided, leaving 220 cases pending.
“A total sum of N35,848,936.86 was realised as court fees. This include the fees realised at the Probate Division of the High Court,” he said.