Decentralizing The Supreme Court by Odiawa Ai

Nigeria had many conceivable reasons for imitating the presidential system of government that is practiced in the United States of America. The framers of the 1979 constitution, which was basically upgraded in 1999, saw the need to lay out a stabler political framework other than the British parliamentary system that is undeniably more fluid.

The second explanation was that Nigeria was an identical representation of the American diversity, more so as it already had a federal system of administration. In any case, in imitating the American system, we neglected to appropriately “touchdown” with some viewpoints which make decentralization an ingredient in a true federalism.

For instance, in the US, the judicial system is not only thoroughly decentralized, but there are also a plethora of special courts authorized to operate to guarantee that the wheel of justice runs smoothly. The entire criminal justice architecture is pluralistic, making it workable for states, regions and surprisingly private authorized contractors to operate correctional facilities.

Nigeria is ready for this manner of expanded federal structure. Our centralized federalism, which was imposed by the military and the provincial powers behind them, is currently stifling the framework. The calls for true federalism, which terrify the daylights out of those attached to the dwindling, self-serving benefits of centralization, can presently not be disregarded, especially in the legal framework.

We have a situation where almost every case in Nigeria winds up at the Supreme Court which has a limit of 21 justices. This minuscule cadre of judges that is expected to give justice to more than 200 million Nigerians. To exacerbate the situation, the Supreme Court had to work with only 13 justices during the Muhammadu Buhari administration.

We require an extreme decentralization of the entire criminal justice framework. This will empower states and surprisingly local communities to operate correctional centres to decrease the degree of dehumanization that inmates experience in our stuffed detention facilities.

The Supreme Court should be decentralized with the making of Supreme Courts at the six geopolitical zonal headquarters. The Court of Appeal has previously been decentralized, and the states have already been enabled to operate High Courts. Establishment of Zonal Supreme Courts to treat specific classes of cases exception of those on fundamental human rights or constitutional rights of Nigerian citizens, is earnestly called for.

We likewise need special courts to deal with election petitions, debasement, terrorism and other crimes against humanity which require to be taken care of with despatch. This call is necessitated by the evolution of new, more brutal violations which reflect the new age we live in. The criminal justice administrative framework must evolve, and not remain mired in the past.

Decentralization will make life simpler for all concerned – suspects, law enforcement personnel, judicial officers and the general public at large.