‘SUPREME FAILURE: WHY NO CHIEF JUSTICE OF NIGERIA HAS MADE INDELIBLE POSITIVE MARKS ON JUSTIC SECTOR’

𝗧𝗵𝗲 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗙𝗮𝗶𝗹𝘂𝗿𝗲: 𝗪𝗵𝘆 𝗡𝗼 𝗖𝗵𝗶𝗲𝗳 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗢𝗳 𝗡𝗶𝗴𝗲𝗿𝗶𝗮 𝗛𝗮𝘀 𝗟𝗲𝗳𝘁 𝗜𝗻𝗱𝗲𝗹𝗶𝗯𝗹𝗲 𝗣𝗼𝘀𝗶𝘁𝗶𝘃𝗲 𝗠𝗮𝗿𝗸𝘀 𝗢𝗻 𝗧𝗵𝗲 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗗𝗲𝗹𝗶𝘃𝗲𝗿𝘆 𝗦𝗲𝗰𝘁𝗼𝗿

By Sylvester Udemezue

Reacting to a breaking news-headline about the recent passing of a very respected Chief Justice of Nigeria, Emeritus, Hon Justice Mohammed Uwais, learned senior colleague and notable human rights advocate who is an emeritus First Vice President of the NBA, John Aikpokpo-Martins, Esq, has declared that “Nothing is sad about his passing on. He lived a fulfilled life and left indelible positive marks behind. He died an old man.”
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Dear distinguished learned Aikpokpo-Martins, Sir, while I agree with everything you have written, it’s difficult for me to agree that Hon Justice Uwais as Nigeria’s CJN “left indelible positive marks behind.” With due respect, it is my considered view that all former Chief Justices of Nigeria (CJNs), as well as the current one, including my Lord, Hon. Justice Uwais, were unsuccessful in discharging the responsibilities of their office in a manner that could justifiably qualify any of them as having left “indelible positive marks behind.” Sadly, with due respect, the current CJN appears set to end her tenure as perhaps among the worst of them all.

If we are to face REALITY and insist on substance over sentiment, I respectfully challenge anyone to point to a single “indelible positive mark” left behind by any former CJN, including Hon. Justice Uwais. Consider the following factual REALITIES in Nigeria’s judicial landscape as of 2025:

1. As of 2025, Nigerian judges still record court proceedings in longhand, a practice long abandoned in most modern jurisdictions. This archaic method slows down trials and contributes significantly to the delays that have become synonymous with Nigerian courts.

2. The Supreme Court of Nigeria, as of 2025, remains arguably the most disorganized, inconsistent, and ineffective apex court in the world. No coherent case management system exists, and decisions are often riddled with contradictions, leading to a serious crisis of judicial credibility.

3. It is also the slowest Supreme Court in the world, routinely taking between 6 to 15 years to determine appeals before it. Many matters before it are simply adjourned indefinitely of for an unduly long time, sometimes for up to 3 to 4 years, thereby defeating the fundamental principle that “justice delayed is justice denied.”

4. Lawyers and litigants are still required to travel from all over the country to Abuja in order to appear before the Supreme Court, incurring unnecessary expenses and risking security challenges, despite global advancements in remote hearing technologies.

5. Cases are still being adjourned for three to five years, and it is not uncommon to see matters rescheduled without any consideration for urgency, public interest, or the rights of parties.

6. Despite advancements in legal technology globally, Nigeria still operates manual filing and manual service of court processes, contrary to Section 36 of the 1999 Constitution, which guarantees “fair hearing within a reasonable time” for all litigants.

7. Virtual hearings remain absent. Despite a global shift during and after the COVID-19 pandemic, the Nigerian judiciary has not PRACTICALLY institutionalized remote court sittings. Even copies of judgments are still not handed out to litigants and lawyers on the same day they are delivered, a basic practice in most well-functioning jurisdictions.

8. There’s widespread inconsistency in the court’s decisions leading to uncertainty in judicial precedents and confusion in the legal system. For example, the Court was once said to have awarded a senatorial candidacy to a person who never participated in the party’s primary elections, thereby usurping the functions of the party members, the legislature and the electoral commission.

9. The Supreme Court of Nigeria has become, in the eyes of many, a court reserved for the powerful and politically connected, where the pursuit of justice by the common man is often ignored. As I have written elsewhere: “If we agree that access to justice is a basic human right, to be enjoyed by all (including the lowly placed), then we are entitled to query the Nigerian Supreme Court’s different, partial, and unequal treatment of cases before it….*The cry of the poor may not always be just, but if you don’t listen to it on time, you will never know what justice is.”*

10. The notion of “high-profile cases” in Nigeria, and the undue attention these cases receive, often at the expense of regular or so-called “low-profile” cases, are both thoughtless and indefensible. It has no place in any judicial system that aspires to fairness and effectiveness. In a truly functional and just legal system, all cases, regardless of the status, wealth, or influence of the parties involved, ought to receive equal treatment, attention, and expedition. Justice should not be stratified. Yet in Nigeria, our courts have institutionalized this senseless distinction, where high-profile cases are given priority and fast-tracked, while the everyday matters affecting ordinary citizens are neglected, delayed, and treated as secondary. This judicial partiality not only perpetuates systemic discrimination but also deepens the already troubling divide between the elite and the masses. It is, therefore, increasingly difficult to uphold in Nigeria, the oft-repeated saying that “the court is the last hope of the common man.” If anything, the REALITY seems to be the reverse: Nigerian courts appear structured and sustained through public funds, to primarily serve the interests of the privileged few, leaving the common man to his fate! The pressing question then becomes: where were the successive Chief Justices of Nigeria (CJNs) while this grave injustice took root and became normalized? What reforms did they initiate, or fail to initiate, to correct this inequity? Their silence and inaction raise serious concerns about the true legacy they have left behind.

11. In other jurisdictions, it is the Chief Justice who typically leads initiatives toward meaningful pragmatic policy reforms and effective progress in justice delivery. But in Nigeria, what practical and pragmatic reforms has any CJN truly embarked upon? Where, then, are the so-called “indelible positive footprints”? Or are we perhaps confused about what actually constitutes positive footprints in reality? Can there be any such footprints in the absence of genuine progress?

12. The immediate past CJN, Hon Justice Kayode Ariwoola, had on 12 October 2022, in a public address, pledged significant reforms aimed at modernizing the Nigerian judiciary. His promises then included the following: (i). Computerization of the Supreme Court and other courts of record; (ii). Introduction of e-filing and e-diary systems to reduce filing delays; (iii). Enabling lawyers to engage the court remotely via Zoom from their chambers; (iv). General advancement of the judiciary to benefit all Nigerians, especially through improved access to justice. Again, on 1 November 2023, at a three-day retreat in Uyo for Justices of the Supreme Court and Court of Appeal, organised by AGA-Africa and the NJI, the CJN reaffirmed his commitment to judicial digitization, stating that “We must embrace the potential of technology” to enhance efficiency in justice delivery.” According to him, technology would streamline administrative tasks, facilitate legal research, reduce case backlogs, and improve transparency. However, looking back, one might ask: where’s Hon Justice Ariwoola with his promises of judicial reforms for Nigeria? Despite those bold and commendable promises made by my Lord in October 2022 and November 2023, one can see that very little was done in tangible terms to fulfill them. Nearly two years later, the Nigerian judiciary, particularly the Supreme Court, remains largely analogue, plagued by manual filing, physical court appearances, and prolonged delays. This failure to implement the promised technological reforms reflects a disturbing pattern of rhetoric without action. It undermines public trust in the judiciary and raises serious concerns about the sincerity and capacity of its leadership to deliver the kind of transformative justice system Nigeria so desperately needs.

FURTHER READING:

1. “Nigeria’s Supreme Court: About the Slowest in the World” By Sylvester Udemezue (The Guardian, 21 June 2021).

2. “Prolonged Justice Dispensation as the Bane of Nigeria’s Judiciary: Leadership by Example as the Cure” By Sylvester Udemezue (TheNigeriaLawyer, 11 August 2021).

3. “Nigerian Justice Sector Reforms: Enough Talking Done, and Promises Made. Now is Time for Action and Doing Things Differently” By Sylvester Udemezue (TripleNet Media, 1 November 2023).

4. “Snail-Paced Justice Dispensation in Nigerian Courts: Factors and Actors” By Sylvester C. Udemezue, in U.D. Ikoni, T. F. Yerima, and P.H. Faga (eds), Judicial Autonomy, Administration of Justice and Contemporary Trends in Development of Legal Profession In Nigeria: Essays In Honour of His Lordship, Hon Justice S.O Itodo (1st, Wisdom Books & Publishing, Makurdi, Nigeria 2023) 511-530. ISBN: 978-978-746-8-3

5. “How Many Times Will Lagos Judiciary ‘Launch’ E-filing? Will They Ever Fully Start, in Reality?” By Sylvester Udemezue (LawAndSociety Magazine, 6 February 2025).

6. “RE: Uduak Akpan Who Killed Job Seeker, Iniubong, Hanged to Death” – Sylvester Udemezue (Barristerng, 7 September 2024): “A Law School student appearing before my panel for Portfolio Assessment on 4 September 2024, was so sad to announce that he was at the Supreme Court when a matter was adjourned from 2024 to 2028.”

7. “The Supreme Court of Nigeria as All-in-One: The Legislative, Executive and Judicial Court, All at the Same Time?” By Sylvester Udemezue (TripleNet Media, 3 March 2023).

8. “Endangered Species: See the Fifteen (15) Most Vicious and Relentless Oppressors of Lawyers and the Law Profession in Nigeria” By Sylvester Udemezue (CourtroomMail, 28 February 2022).

9. “How Leaders of Nigeria’s Judiciary Dissipate Valuable Time on Irrelevancies” By Sylvester Udemezue (Newswire, 16 May 2020).

10. “Let Only High-profile Nigerians Fund the Supreme Court; It Has Become a Court for High-profile Cases Only” – Sylvester Udemezue (The Nigerian Voice, 17 June 2022).

11. “RE: JUSTICE SECTOR REFORM SUMMIT 2024.” By Sylvester Udemezue (BarAndBenchNews; 27 April 2024).

12. “Extent of Statutory Involvement of Incumbent CJN in the Process to Appoint Mr. Olukayode Ariwoola (Jnr) a Judge of the FHC” By Sylvester Udemezue (DnlLegalAndStyle; 17 July 2023);

13. “How to Stop the Current Unacceptable Delay in Court Justice Delivery in Nigeria (Part 1).” By Sylvester Udemezue (DNLLEGALAND LSTYLE; 2 January 2022);

14. “Thirty (30) Things I Must Do to Make My Court Work Effectively, If I Were a Trial Judge” By Sylvester Udemezue (DNLLEGALAND LSTYLE; 6 May 2023);

15. ““Always Exhaust Alternative Options Before Resorting To Litigation,” Delta Judge Admonishes NBA Members” By Sylvester Udemezue (BarristerNG; 30 June 2024);

16. Etc

Respectfully,
Sylvester Udemezue (udems)
Proctor, The Reality Ministry of Truth, Law and Justice, Nigeria. Email: TheRealistMinister@Gmail.Com.

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