- Our judicial process needs review to enhance confidence in local courts
What could be responsible for the surge in foreign petitions by Nigerians, over matters that happened within the country? For instance, in the past few years, it has become common for Nigerians to petition the ECOWAS Court sitting in Abuja for redress, with respect to the infringement of fundamental human rights within Nigeria. Again, it has become normal for Nigerians to petition the International Criminal Court at The Hague, over allegations of state infringement of citizens’ fundamental human rights.
While it lies with the multinational courts to determine the merits of the cases brought before them, it is fair to hypothesise why citizens are increasingly opting to go before these foreign courts, instead of the Nigerian courts. Could it be that the preference for petitions to foreign institutions is a result of the decreasing faith in the local courts? Or is it a replica of Nigerians’ penchant for foreign goods over locally made ones?
Perhaps there is the possibility that the quality of adjudication of petitions or claims by Nigerians in the local courts is diminishing, and the citizens are looking elsewhere for justice. One possible reason for the diminishing quality of judgments is the decreasing quality of those appointed to the bench. Another glaring challenge in our judicial system is the long delay in accessing justice in the local courts, as cases from the lower court up to the apex court last between two to three decades.
Furthermore, there are recurrent instances of the abuse of power by the various institutions of state, especially those that exercise coercive authority. No doubt, if institutions of state like the police, the army, the state security service and other organs increasingly trample on the rights of citizens, the number of those seeking redress will increase. A corollary to that is that if the local courts are intimidated by the state institutions when adjudicating over such abuses, the only opportunity available to citizens would be the foreign adjudicatory bodies.
Away from the challenges of state institutions, corruption also plays a role in the resort to foreign petitions. One glaring case is the James Ibori saga. We recall that despite glaring evidence, Mr Ibori, a former governor of Delta State was discharged and acquitted by the local courts, in very intriguing circumstances. Indeed, the attorney general of the state filed papers claiming that no money belonging to the state was missing. Ibori’s kinsmen also accused the federal authorities of persecuting their son, all aimed at frustrating the trial.
Yet, when he was subjected to a trial in a British court, he was found guilty of corrupt enrichment, and huge sums of money have been recovered from him. It is also common to see strong corporate bodies use the enormous resources at their disposal to circumvent the due process of fair trial. For instance, the oil-bearing communities have won cases against the oil conglomerates outside the country for environmental degradation, while local courts were often coy over similar cases.
So, the challenge facing local adjudication is both internal and external, and unless efforts are made to positively address them, the preference for foreign petitions will continue to grow. To stem the tide, there is need for greater efficiency within the local courts and the ancillary institutions like the police and the prosecution. Again, the abuses emanating from law enforcement agencies must be curtailed and the rights of the citizens as guaranteed by the constitution must be respected by state authorities.
Where judgments are given in favour of individuals, the state must also respect and uphold same. Unless the local courts become more efficient, Nigerians’ temptation for foreign petition would continue to increase.
