The House of Representatives has begun the process of altering the 1999 Constitution of the Federal Republic of Nigeria (as amended), to set time within which civil and criminal cases and matters are heard and determined at trial and appellate courts in order to eliminate unnecessary delay in justice administration and delivery.
The move is contained in a Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, Cap. C23, Laws of the Federation of Nigeria, 2004, sponsored by Onofiok Luke, member representing Etinan/ Nsit Ibom/ Nsit Ubium Federal Constituency of Akwa Ibom State.
The Bill, which had scaled through first reading in the Green Chamber and a copy of which was sighted by BusinessDay, states that Chapter VII, Part IV of the Principal Act (1999 Constitution) is altered by inserting after section 287, a new section “287A”.
The section “287A (1) provides that in any civil or criminal matter except in election petition, a trial superior court of record shall deliver its judgment in writing within 270 days from the date of the filing of the civil or criminal matter.
It also states that in any civil or criminal matter except in election petition, a trial inferior court of record or tribunal shall deliver its judgment in writing within 210 days from the date of the filing of the civil or criminal matter.
The amendment stipulates that notwithstanding the provisions of subsections (1) and (2) of this section: “A trial superior court of record may deliver its judgment in writing within 330 having regard to the circumstances of the matter and in particular to the complexity of the matter, number of parties, number of witnesses, number of documents or other exceptional circumstances.
“A trial inferior court of record may deliver its judgment in writing within 270, having regard to the circumstances of the matter and in particular to the complexity of the matter, number of parties, number of witnesses, number of documents or other exceptional circumstances”.
The proposed legislation prescribed that an appeal arising from a civil or criminal matter except in election petition shall be heard and judgment delivered in writing by an appellate court within 180 days from the date of the filing of the appeal, or such number of days not exceeding 270 days, having regard to the circumstances of the appeal and in particular to the complexity of the appeal, calling of fresh evidence or other exceptional circumstances.
It provides that: “No judgment of court shall be a nullity for the only reason that it was not delivered within the time set by this section of the Constitution.
“Where in a particular legal year, any court delivers judgment beyond the time set by this section of the Constitution relying on exceptional circumstances, the judicial or presiding officer of the court shall before the beginning of a new legal year send a report on any such matter to the National Judicial Council and state the exceptional circumstances.
“The National Judicial Council shall upon the receipt of the report mentioned in subsection (7) of this Constitution consider and determine whether the reasons stated therein amount to exceptional circumstances and shall sanction such judicial or presiding officer where appropriate”.
According to the Bill, the time limits set by the new section shall apply to pending matters in court as if such pending matters were commenced on the date of coming into effect of this section.
It further states that the National Judicial Council may make rules for the purpose of bringing into full effect the provisions of the new section and in particular as they relate to: “Specifying non-contentious or less complex matters commenced by way of originating summons, motion, etc.
“Summary trial and limit time within which such matters may be disposed of within the time limits set by this section of the Constitution; and exceptional circumstances that may justify time limits set by this section of the Constitution”.
