Editorial
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.
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Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
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