Ariwoola: Long waiting time denies many litigants justice | S’court handled 1,124 cases in one year

Olukayode Ariwoola, the immediate former chief justice of Nigeria (CJN), says measures should be taken to reduce the backlog of cases at the supreme court.

Speaking at the valedictory session held in his honour in Abuja on Thursday, Ariwoola said many cases before the supreme court should have been resolved at the appellate court level.

He said the long wait times for court cases to be heard and resolved are a major obstacle to accessing justice, undermining the right to a fair and timely hearing.

“The sheer volume of pending cases is a significant impediment to timely justice,” the ex-CJN said.

“It is my conviction that the right to a fair hearing enshrined in the Constitution could only be meaningful when litigants have enough judges and justices to hear their cases.

“Justice is not a scarce commodity to be queued for. Justice without delay is inherent, natural, and constitutional.

“In my view, it is antithetical to the concept of justice when litigants are made to wait for years in order to have their cases determined.

“As a justice of the supreme court, it was always a sobering moment for me whenever an appeal was called to be heard, and a learned counsel stood up to inform us that the appellant or the respondent was late.

“In effect, the litigant had died without is appeal being determined one way or the other.

“It was for this reason that I made it a priority that no stone must be left unturned to ensure that we brought more judicial officers into the system.”

Ariwoola said he approved the supreme court rules 2024 designed to keep pace with the changing times and address pressing concerns.

Ariwoola added that the fundamental rules governing court procedures have remained stagnant since 1985.

“At the time the supreme court rules 1985 were made, things that are now ubiquitous, like information technology, electronic transactions, and global telecommunication, were either not in existence or in their formative stages,” he said.

“How, then, could such outdated rules be adequate for today’s challenges?

“It was for this reason that I empaneled a rules committee to undertake the arduous task of reviewing the 39-year-old rules and the numerous extant practice directions comprehensively.

“I am glad to report that earlier this month, pursuant to the provisions of section 236 of the Constitution of the Federal Republic of Nigeria 1999, I signed off on the new supreme court rules 2024.”

The ex-CJN said a court’s rules of procedure are vital to its functioning and must be regularly updated to reflect the changing needs of both legal practitioners and the judiciary.

Ariwoola added that the supreme court handled 1,124 cases in the 2023/2024 legal year, comprising 435 civil cases, 269 civil motions, 219 criminal cases, and 102 criminal motions.

He added that the apex court received 89 political appeals and 10 originating summonses in a non-election year.

“During the same period, we delivered a total of 248 judgments and rulings, with 92 judgments in civil and originating summons cases, 81 judgments in criminal appeals, and 74 judgments in political appeals,” he said.

Ariwoola was sworn in as the substantive CJN by former President Muhammadu Buhari on October 12, 2022, following the controversial resignation of Ibrahim Muhammad, his predecessor.