Review Long Court Vacation

Worried by the slow pace of justice occasioned by the frequent closure of courts, a non-governmental organisation, Access to Justice (AJ) recently called on the Chief Justice of Nigeria (CJN) and the National Judicial Council (NJC) to review the vacation periods of courts in the country, and make new policies regulating the time annual vacations should last to get the courts back to business.
In a statement by its Convener, Joseph Otteh, and Project Director, Deji Ajare, AJ recommended measures that could be adopted to ensure that cases do not suffer undue delay during intermissions. The body submitted that judges handling criminal cases should not partake in the general furlough but establish their holidays so that criminal trials could proceed uninterrupted across Nigeria.
AJ similarly urged the Chief Judge of the Federal High Court to ensure that there were enough vacation courts opened in all of its judicial divisions during the period, and not just in Lagos, the Federal Capital Territory (FCT) and Port Harcourt, given that urgent matters could arise anywhere in the country. A statement from the AJ states:
“It is customary for courts to mainly shut down in the months of August and September each year to allow judges to rest. During this period, only a few designated courts sit to adjudicate urgent matters. Access to Justice has, in the past, called for a reform of the judicial vacation system, so that courts’ businesses do not shut down en bloc, and allowing judges take individual vacations instead, in the way it is done in many other countries.”
We agree with the concerns raised by the organisation. This is because the current legal year has been marked by extraordinary disruption: the Covid-19 pandemic, the EndSARS protests that saw many court buildings and records destroyed, and the JUSUN strike that shuttered courts for a little over two months.
In addition to the forced closures, judges also enjoy at least four extra vacations – Christmas, Easter and two Muslim festivities. When the various vacations are summed up, many courts would have been closed for business for up to three months. When disruption periods are added to this number, some courts would have been closed for more than five months in the legal year.
Lawyers and the public are equally troubled that despite the many court closures between last year and now, judges still proceeded on their annual vacation not minding that justice delivery in the country would be stymied. This break is unnecessary and would consume valuable judicial time reeling from the long strike embarked on by the Judiciary Staff Union of Nigeria (JUSUN).
The JUSUN strike was reportedly marked by a high rate of extortion and extra-judicial executions in certain parts of the country. The Nigerian Correctional Service has at least 65,688 detainees, with the majority waiting to be tried. With the growing wave of insecurity, many law enforcement agencies have stockpiled their detention centres with suspects.
In 2020, the NJC said it had 155,757 cases, although courts throughout the federation are reported to have thousands of cases before it. Despite this, restorative criminal justice and alternative dispute resolution (ADR) practices are not yet mainstreamed in Nigeria as in other countries. Given the scenarios, it was shocking when the federal and state courts announced the start of the 2021 annual holidays.
Though annual vacation of courts is statutory, we recommend that henceforth only 50 per cent of the courts should proceed on the annual holiday while the remaining 50 per cent should continue at work and only proceed on vacation when the first 50 per cent would have returned to work. The nation cannot afford to keep the justice system in limbo as we did for two months during the JUSUN strike so that people do not take the laws into their hands.
Hopefully, most judges on holiday would find a way to compensate for lost time. We applaud the states that have agreed to shorten the vacation and ask others to do the same. The bottom line is that every state should have a sufficient number of courts to allow litigants to address time-sensitive and urgent issues.
We are convinced that the judiciary should improve its image and offer a higher level of accountability to the public it serves. Where the institution ignores the broader needs and stakes of litigants, and takes any length of vacation periods it chooses, only just because it can, it gives the impression that it is more interested in preserving the vocational privileges of its members than it is committed to the cause of justice and realising the constitutional rights of citizens to a fair and reasonably speedy trial. 
Where court users feel this way, they further lose faith in the court system as vehicles of justice and see the judicial branch as just another impassive, spiritless player in the business of governance. For a judiciary that has been heavily burdened by negative public perception, this can be even more alienating.
The Chief Justice of Nigeria and the NJC must declare a state of emergency in the Judiciary, following from many months of court closure, and convoke a high-level justice delivery stakeholder meeting immediately to explore the most effective ways to drive an expeditious programme to decongest court dockets and develop a programme of action for doing so.