May I respectfully still maintain that the \u201cNOTICE OF SWEARING IN OF NEW JUDGES\u201d issued by the Kaduna State judiciary\/government is a grossly unnecessary protocol\/notice\/advert, and serves no useful purpose. We all are already aware of the appointment of these judges. Why organize any special ceremonies for their swearing in? Why not swear them in in the CJ\u2019s chambers or courtroom, and then post them to courts and assign cases to them so that they start work immediately? What is the motive behind giving \u201cNotice of Swearing in?\u201dAre they elected Governors being sworn in ? Why not our leaders come off all these needless shows, grandstanding and adverts that serve no real purpose; why not they learn to face true governance and to take seriously the business of leadership?<\/p>\n
On that very day set aside for the advertised swearing-in ceremony of these New judges, the CJ of the state might close down all courts and then require all other judges to be in attendance at the event \u2014- if this doesn\u2019t happen this time, then it\u2019s just because of COVID-19 social distancing. All cases for that day stand automatically adjourned. Who bears the brunt? Clients. ▪️Add this to the following: (1) Governor\u2019s visitations day; no court sittings for days before and on that that date and the day after, because \u201cthe judiciary is preparing to receive Governor.\u201d (2) Almost the whole of July in every year is wasted adjourning cases and preparing for the \u201cannual vacation.\u201d (3). End July to end of September in every year is wasted on \u201cannual vacation. (4). End of September to early October in every year is wasted on \u201cactivities and ceremonies marking commencement of new Legal year.\u201d All sorts of useless ceremonies and frivolous events. I ask myself, What would happen if by the end of the legal year, courts just begin sitting without those ceremonies? Would Nigeria collapse? Would justice cease to be justice? (5). There is the one they call, in Lagos, \u201csettlement week.\u201d No court sittings throughout the week. What for? (6). Then comes the judges\u2019 annual conference. All doors close on court proceedings until conference is over and done with. (7). Easter Vacation consumes at least two weeks in every year. (8). Christmas vacation takes out another two weeks or more in each year. (9). Opening of new court complexes. Recently, all roads led to Asaba, then to Awka for commissioning of the newly-constructed Court of Appeal complexes Divisions in those states: \u201cJustice Bulkachuwa unveils 17th Court of Appeal in Delta\u201d (https:\/\/m.guardian.ng<\/a>). \u201cAppeal Court President, Bulkachuwa commissions new Anambra court\u201d (https:\/\/www.google.com\/amp\/s\/dailypost.ng<\/a>). Why the unnecessary ceremonies? (10) industrial action may (indeed, do) sometimes come up. And for weeks, no court sitting. (11) Plus all sorts of other frolicking, distractions and unnecessary miscellaneous events and excuses that needlessly take the judges\u2019 time away from serious adjudication business for which there were employed and being handsomely remunerated .<\/p>\n Now, please subtract all these from the twelve months that we have in each one year, and then tell me what time we have left to hear and determine the tens and hundreds of thousands of cases pending in the various courts in Nigeria.<\/p>\n DO NOT GET ME WRONG: I am not saying judges should not go on break; all work and no play makes Jack a dull boy. Besides, proper rest helps one to work more effectively and efficiently. But one month or not more than six weeks in each year, is not too short. Then you can add one week for each of Easter and Xmas. A total of about 2 month altogether. Isn\u2019t this enough? Why would courts spend almost five months every year not sitting?<\/p>\n In the Lagos State judiciary, as an example, there are about 60 (sixty) high court judges, altogether having no fewer than 12,000 on their Cause List in every month. Multiply this number by the 12 (twelve) months in each year and tell me whether and tell me how any progress could be made with almost 5 months struck out from the time for court sittings every year. The wise, old, saying goes that \u201cone whose house is on fire should not be pursuing rats.\u201d Ironically, exactly that is what the leadership of the Nigerian judiciary is currently doing!<\/p>\n Cases filed as far back as 2006, 2007, 2008, 2009 up to 2025, are still pending in the Lagos High and other Courts! How to speedy up hearing in order to decongest the courts and instill or regain people\u2019s confidence in the administration of justice, is not our priority. Again, the rules of court provide for a 3-month Case Management Conference (CMC) (pretrial conference). How many CMC\u2019s have lasted below six months to twelve months? Some even last more than 15 months. Why would there be CMC when the case has passed through what the Rules describe as *\u201dADR screening?\u201d Is this not an unnecessary duplication since the ADR screening is meant to screen (out) cases that ought to not go for litigation? Then, it is argued that during the CMC, preliminary\/interlocutory applications are taken to make the main trial seamless and uninterrupted. Ironically, experience has shown that more interlocutory applications are filed and taken during the main hearing then during the CMC. These applications, mostly frivolous, delay main trial, and frustrate the ends of justice. Then, one alludes to \u201csettlement of issues\u201d during the CMC! Really? Of what use is this exercise when the Rules od Court have made it clear that the CMC judge\u2019s report is not binding on the trial judge? So, the trial court can throw away the issues formulated by the CMC judge and formulate new issues as he or she may choose. What about the time wasted from conclusion of the CMC to return of the case file to the CJ, assignment of the case file to a new judge?
\nThen, of what use is the CMC , especially in view of all these, considering that cases are hardly ever settled at that stage? I think very little.<\/p>\n