LEGAL REFORMS AND ACCESS TO JUSTICE IN NIGERIA: CHALLENGES AND OPPORTUNITIES. By: Valentine C. Muoma
LEGAL
REFORMS AND ACCESS TO JUSTICE IN NIGERIA: CHALLENGES AND OPPORTUNITIES.
By: Valentine
C. Muoma[1].
ABSTRACT
Legal reforms and access to justice are essential
components of a functioning democracy in any country, and Nigeria is no
exception. However, the Nigerian legal system faces numerous challenges that
hinder access to justice, particularly for the vulnerable population. This
research explores the challenges and opportunities in legal reforms and access
to justice in Nigeria. One of the significant challenges is the outdated legal
framework, which is a legacy of the colonial era. Many laws are archaic, and
their provisions are often inconsistent with modern realities. For instance,
the Nigerian Criminal Code Act is over 100 years old, and its provisions are
inadequate to address contemporary crimes like cybercrime and terrorism. The
need for legal reform is urgent to harmonize the laws with international best
practices and address emerging challenges. Another challenge is the inefficient
judicial process characterized by delays, congestion, and inadequate
infrastructure. The slow pace of justice delivery frustrates litigants and
erodes confidence in the legal system. The judiciary's limited resources,
inadequate funding, and poor management exacerbate the problem. Corruption is
another significant obstacle which has undermined the integrity of the legal
system, making it difficult for ordinary citizens to access justice. The
corrupt practices discourage people from seeking legal remedies thereby
perpetuating impunity and injustice. Limited access to legal services,
particularly for the rural and necessitous population is another challenge.
Many Nigerians cannot afford legal representation, and legal aid programs are
inadequate to bridge the gap. This situation perpetuates inequality and denies
marginalized communities access to justice. These challenges can be addressed
through Investing in the judiciary's infrastructure, training judges and
lawyers, expanding legal aid programs in order to improve the delivery of
justice services and upholding the professional ethics of the legal profession
in order to mitigate corrupt practices of legal practitioners. Legal reforms
and access to justice in Nigeria face significant challenges, but there are
opportunities for improvement. Addressing the challenges and seizing the
opportunities require a concerted effort by the government, judiciary, civil
society, and international community. By working together, Nigerians can
enhance access to justice, promote the rule of law, and contribute to
development.
1.0
INTRODUCTION:
To a lawyer, Justice can be seen as the recognition and
application of the rule of law by the courts to resolve disputes among the
citizens or between the citizens and the state. While to a judge, justice is
the application of the rule of law without fear or favour, affection or ill-
will. Justice is the ultimate and supreme aim of the law.
Law reform involves a progressive improvement in the
existing law in order to meet the changing needs of a society. It simply means
the dynamic attunement of the existing laws of a society in line with its
growth and development. Law Reform also includes the introduction of entirely
new legislations in a legal system as required by the technological and
development trend of the society. As aptly affirmed by Wikipedia, law reform or
legal reform is the process of examining existing laws, and advocating and implementing
changes in a legal system, usually with the aim of enhancing justice or
efficiency. We also have law reform bodies or law commissions, which are organizations
set up to facilitate law reform. Law reform bodies carry out research and recommend
ways to simplify and modernize the law. Many law reform bodies are statutory
corporations set up by governments, although they are usually independent from
government control, providing intellectual Independence to actually reflect and
report on how the law should progress. Law
reform activities can include preparation and presentation of cases in court in
order to change the common law; lobbying of government officials in order to change
legislation; and research or writing that helps to establish an empirical basis
for other law reform activities.
In Nigeria, legal reforms have been ongoing since
independence in 1960. Some significant legal reforms in Nigeria include:
1.1. Constitutional Reforms: Revisions to the 1999 Constitution, such as the 2010 and 2015
amendments, which aimed to improve governance, human rights, and federalism.
1.2. Criminal Justice Reforms: The Administration of Criminal Justice Act (ACJA) 2015, which aimed
to streamline criminal proceedings, reduce delays, and improve the efficiency
of the criminal justice system.
1.3. Legal Aid Reforms:
The Legal Aid Act 2011, which established a legal aid system to provide free
legal services to indigent persons.
1.4. Judicial Reforms:
Efforts to improve the judiciary's independence, accountability, and
efficiency, such as the establishment of the National Judicial Council (NJC)
and the Code of Conduct for Judicial Officers.
1.5. Anti-Corruption Reforms: Laws like the Economic and Financial Crimes Commission (EFCC) Act
2004 and the Independent Corrupt Practices Commission (ICPC) Act 2000, aimed at
combating corruption.
1.6. Human Rights Reforms: Enactment of laws like the Human Rights Act 2010, which
domesticated international human rights treaties and established the National
Human Rights Commission (NHRC).
1.7. Commercial Law Reforms: Reforms aimed at improving the business environment, such as the
Companies and Allied Matters Act (CAMA) 2020 and the Bankruptcy and Insolvency
Act 2020.
These legal reforms aim to promote the rule of law,
enhance access to justice, and support Nigeria's economic and social
development.
2.0
CHALLENGES OF LEGAL
REFORMS IN NIGERIA
2.1. Resistance to change: Resistance
to change is a significant challenge to legal reforms in Nigeria, manifesting
in various ways:
i. Fear of the
unknown: Uncertainty about the consequences of reforms can lead to resistance
from those who prefer the status quo.
ii. Vested
interests: Some individuals or groups
may benefit from the current system and resist changes that could undermine
their interests.
iii. Lack of understanding: Limited knowledge
about the need for reforms or the benefits of change can lead to resistance.
iv. Inertia: Stakeholders may be comfortable with the
existing legal framework and hesitant to adopt new changes.
v. Cultural attachment: Strong cultural or
traditional beliefs may be tied to existing legal practices, making change
difficult.
vi. Professional
resistance: Lawyers, judges, and other legal professionals may resist reforms
that alter their practices or affect their livelihood.
vii. Political
opposition: Reforms may be politically unpopular or face opposition from
powerful interests, hindering implementation.
viii. Bureaucratic red
tape: Slow and cumbersome processes
within government and legal institutions can delay or frustrate reforms.
ix. Public skepticism:
Cynicism about the government's ability to effect meaningful change can lead to
public resistance or apathy.
x. Institutional
inertia: Legal institutions may be slow to adapt to new reforms, perpetuating
existing practices and mindsets.
Overcoming resistance
to change requires effective communication, education, and engagement with
stakeholders, as well as strong political will and leadership to drive reforms
forward.
2.2. Complexity of the Nigerian
Legal System: The following contributes to the complexity of the Nigerian
legal system:
i. Multiple legal
frameworks: Nigeria has a dual legal system, with both common law and Islamic
law applicable in different regions, creating complexity.
ii. Outdated laws:
Many laws are outdated, with some dating back to colonial times, making them
inconsistent with modern realities. For instance, the sale of goods act of 1893
did not make provision for digital marketing and how to curtail the problem of
goods ordered online that are inconsistent with the ones delivered to the
customers (what I ordered versus what I got)
iii. Overlapping laws:
Multiple laws govern similar areas, leading to confusion and contradictions.
iv. Technical
language: Legal language can be arcane, making it difficult for non-lawyers to
understand and engage with reforms.
v. Numerous
stakeholders: Many stakeholders, including lawyers, judges, lawmakers, and
regulators have varying interests and perspectives, making consensus-building
challenging.
vi. Institutional fragmentation: Multiple
institutions, such as courts, tribunals, and regulatory bodies have overlapping
jurisdictions, leading to confusion and inefficiencies.
vii. Inadequate legal
education: Limited focus on continuous legal education and professional
development hinders understanding and adaptation to reforms.
viii. Complexity in
court processes: Cumbersome court procedures and delays frustrate litigants and
reform efforts.
ix. Inconsistent
judicial decisions: Inconsistent court decisions and interpretations create
uncertainty and undermine reforms.
Addressing these
complexities requires a systematic approach to legal reforms, involving
stakeholder engagement, legal simplification, and technology adoption.
2.3. Limited Resources: Limited
human and material resources pose a significant challenge to legal reforms in
Nigeria, this challenge is seen in:
i. Insufficient
funding: Inadequate allocation of funds for legal reform initiatives,
implementation, and sustainability.
ii. Inadequate
infrastructure: Outdated or nonexistent infrastructure, such as court
buildings, technology, and libraries.
iii. Shortage of
personnel: Inadequate number of judges, lawyers, and support staff, leading to
heavy workloads and delays. Heavy caseloads and long hours of working lead to
burnout and decreased productivity.
iv. Limited access to
technology: Inadequate use of technology, such as case management systems,
electronic filing, and digital legal research tools.
v. Inadequate training
and development: Limited opportunities for judges, lawyers, and staff to
receive training and development in new laws and technologies. Limited training
and knowledge in emerging areas of law such as intellectual property law and cybercrime
poses a challenge to legal reforms.
vi. Insufficient data
and statistics: Limited data and statistics to inform legal reform decisions
and measure their impact.
vii. Limited public
awareness and engagement: Inadequate public
education and engagement on legal reforms, leading to limited public support
and participation.
viii. Inadequate
institutional capacity: Limited capacity of legal institutions to absorb and
implement reforms.
ix. Brain drain:
Emigration of skilled legal professionals to other countries, leading to a
shortage of expertise.
x. Limited
international support: Inadequate technical and financial assistance from
foreign countries, international organizations and partners especially when
they are benefitting from the existing legal framework. For instance, countries
that use the destructive tool of imperialism to steer the affairs of this
nation and manipulate the executive would likely not support the independence
of the judiciary which would empower the judiciary to question the activities
of the executive that are not in line with the provisions of the law.
Addressing these
resource challenges is crucial to successful legal reforms in Nigeria.
2.4. Corruption:
Corruption is a
significant challenge to legal reforms in Nigeria, this is made manifest in:
i. Bribery and
gratification: Judges, lawyers, and
court officials may be bribed to influence case outcomes or delay justice.
ii. Embezzlement and
misappropriation: Funds allocated for legal reform initiatives may be diverted
for personal gain.
iii. Conflict of
interest: Legal professionals may prioritize personal interests over justice,
undermining reform efforts.
iv. Nepotism and
cronyism: Favoritism and nepotism may influence judicial appointments, case
assignments, and legal decisions.
v. Unethical
practices: Legal professionals may engage in unethical practices, such as
fraud, extortion, and intimidation.
vi. Lack of
transparency and accountability: Limited transparency in legal proceedings and
lack of accountability for legal professionals and institutions.
vii. Political
interference: Political influence may be used to manipulate the legal system,
undermine reforms, and protect corrupt interests.
viii. Institutional
complicity: Legal institutions may be complicit in corruption, failing to
address internal corruption and misconduct.
ix. Culture of
impunity: Perpetrators of corruption may enjoy impunity, discouraging reporting
and whistleblowing.
Addressing corruption
is essential to successful legal reforms in Nigeria. This requires
strengthening institutions, promoting transparency and accountability, and
enforcing ethical standards, upholding the professional ethics of the legal
profession and the provisions of the rules of professional conduct to mitigate
corrupt practices of legal practitioner. The following are four offences for
which a legal practitioner can be punished by the legal practitioners
disciplinary committee based on the provisions of Section 11 of the Legal Practitioners Act:[2]
a. Infamous conduct in
any professional respect or
b. Being convicted of
any crime which is incompatible with the status of a legal practitioner by any
court of competent jurisdiction in Nigeria or
c. Obtaining
enrollment by fraud or
d. Any act that is
generally regarded as incompatible with the status of a legal practitioner.
The penalties for
Professional misconduct of legal practitioners based on the provisions of section
11 of the legal practitioners act are;
1. The disciplinary
committee would order the registrar of supreme court to strike off the name of
the person from the roll of Practitioners in Nigeria or
2. Suspension from
practice as a legal practitioner for such period as may be specified in the
direction or
3. Admonishing that
person.
NOTE: Where a legal
practitioner is adjudged guilty of misconduct not amounting to infamous conduct
but qualifies as a conduct that is incompatible with the status of a legal
practitioner, the disciplinary committee can admonish the person but cannot
order his name to be struck off[3].
2.5. Political interference:
Political interference is a significant challenge to legal reforms in Nigeria,
this undue influence is seen in:
i. Executive
influence: The executive branch may try to control the judiciary, undermining
its independence and impartiality.
ii. Legislative
manipulation: Politicians may manipulate the legal reform process through
biased legislation or delay tactics.
iii. Appointments and
promotions: Political considerations may influence judicial appointments and
promotions, rather than merit and competence.
iv. Political pressure
on judges: Judges may face pressure to decide cases in favor of political
interests, rather than based on legal merit.
v. Selective
enforcement: Laws may be enforced selectively, depending on political
affiliations or interests.
vi. Political
interference in investigations: Political influence may be used to obstruct or
manipulate investigations and prosecutions.
vii. Lack of political
will: Political leaders may lack the will to implement reforms, fearing
political backlash or loss of power.
viii. Political
polarization: Political divisions may hinder consensus-building and reform
efforts.
ix. Clientelism and
patronage: Political leaders may prioritize loyalists and supporters over the
public interest.
x. Undermining
institutional independence: Political interference can erode the independence
of legal institutions, compromising their credibility and effectiveness.
Addressing political
interference is crucial to successful legal reforms in Nigeria. This requires
strengthening institutional independence, promoting transparency and
accountability, and ensuring political leaders commit to reforms.
2.6. Socio Cultural Factors: Socio-cultural factors pose a significant
challenge to legal reforms in Nigeria, as they often conflict with modern legal
principles and perpetuate harmful practices. Some examples include:
i. Traditional and
cultural practices: Harmful practices like female genital mutilation, child
marriage, and discrimination against women and marginalized groups are
perpetuated. Child marriage has been abolished in the south as a result of the
domestication of the Child Right Act of 2003 but it is still practiced in the
north.
ii. Religious
influences: Religious beliefs and
practices sometimes contradict legal reforms, leading to resistance to changes.
iii. Community
pressure: Community expectations and norms can influence individuals to conform
to traditional practices, rather than adhere to legal reforms.
iv. Corrupt cultural
norms: Cultural norms that condone corruption and bribery undermine
anti-corruption legal reforms.
v. Resistance to
change: Societal resistance to changes in traditional practices and cultural
norms hinders legal reforms.
vi. Lack of education
and awareness: Limited understanding of legal reforms and their benefits
hinders adoption and implementation.
vii. Cultural
relativism: The belief that cultural practices are superior to legal reforms
can hinder implementation.
viii. Inadequate engagement with stakeholders:
Insufficient engagement with socio-cultural leaders and communities hinders
understanding and support for legal reforms.
ix. Inconsistent
application of laws: Laws may be applied inconsistently, with cultural and
traditional practices influencing decisions.
Addressing these socio-cultural
challenges requires engaging with stakeholders, promoting education and
awareness, and ensuring legal reforms are inclusive and culturally sensitive.
3.0
CONCLUSION/
RECOMMENDATIONS:
Legal reforms and
access to justice in Nigeria face significant challenges, but there are
opportunities for improvement. By leveraging technology, the judiciary would be
able to enhance access to legal services, facilitate online dispute resolution,
and improve the efficiency of the judicial process. Also, by leveraging
statutory and judicial authorities, the judiciary can address its challenges
and enhance access to justice.
Despite the challenges
of legal reform and access to justice in Nigeria, there are opportunities for
reform and improvement. The Nigerian government has initiated legal reform
efforts, such as the review of the 1999 Constitution and the passage of the Administration
of Criminal Justice Act (ACJA). These reforms aim to modernize the legal
framework, enhance the efficiency of the judicial process, and promote access
to justice.
Technology offers
another opportunity for improvement. Leveraging technology can enhance access
to legal services, facilitate online dispute resolution, and improve the
efficiency of the judicial process. The adoption of technology can also promote
transparency and accountability in the legal system.
Increased funding for
the judiciary and legal aid programs can also enhance access to justice.
Investing in the judiciary's infrastructure, training judges and lawyers, and
expanding legal aid programs can improve the delivery of justice services.
Legal practitioners
should comply with the Nigerian Bar Association's Mandatory Continuing Legal
Education (MCLE) Program of the Institute of Continuing Legal Education (ICLE),
which is intended to ensure that lawyers enrolled to practice in Nigeria remain
current regarding the requisite knowledge, skills, and values necessary to
fulfil the professional responsibilities and obligations of their respective
practices and work and thereby improve the standards of the profession in
general.[4]
Civil society
engagement and international cooperation also offer opportunities for reform.
Collaboration with non-governmental organizations, community groups, and
international organizations can promote legal awareness, support legal reform
efforts, and enhance access to justice.
The government,
judiciary, civil society, and international community must work together to
modernize the legal framework, improve the efficiency of the judicial process,
and promote access to justice for all.
References:
1. Gardner, B.A.
(2016). Black’s Law Dictionary (8th Ed). St Paul: West Publishing Co. MN 20004
2. Magji, K., &
Okorie, P. C. (2017). Amendment of
Legislation, Law Review and Law Reform, presented for Parliamentary Staff of
ECOWAS Member States July 6, 2017, at ECOWAS Parliament, Abuja.
3. Okonkwo (2018).
"The Complexity of the Nigerian Legal System"
4. Adeyemi (2019). "Managing
Resistance to Change in Legal Reforms"
5. C. E. Okeke
(2020). Law Reform Process in Nigeria: Issues and Challenges.
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