GOODWILL MESSAGE OF THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION AT THE SPECIAL COURT SESSION MARKING THE OPENING OF THE 2025/2026 LEGAL YEAR OF THE COURT OF APPEAL
My Lord, the President of the Court of Appeal, Hon. Justice Monica Dongban-Mensem, OFR;
My Lords, Justices of the Court of Appeal;
My Lords, Judges of the Courts of Record here present;
Distinguished Senior Advocates, Learned Colleagues, Ladies and Gentlemen.
I bring the respectful compliments and warmest greetings of the President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, who, regrettably, is unavoidably absent but has entrusted me with the honour of delivering this goodwill message on his behalf at this solemn and significant occasion.
As this Honourable Court formally opens the 2025/2026 Legal Year, it does so at a moment of profound consequence for our nation’s democracy, the rule of law, and public confidence in the justice system. The Court of Appeal — the backbone of appellate jurisprudence in Nigeria — remains the refuge to which Nigerians turn when decisions of lower courts are questioned, when fundamental rights are tested, and when disputes threaten social order, political stability, or economic progress.
In this era of national and global turbulence, defined by economic uncertainty, political tension, and social unrest, the judiciary must continue to stand as a bulwark of stability, fairness, and hope. The Court of Appeal has a pivotal role in interpreting the law in ways that reinforce public trust, strengthen accountability, and maintain the delicate balance required for a functioning democracy.
My Lords, it would be less than candid to address this Honourable Court without acknowledging the pressing challenges that continue to confront the justice sector. These challenges are well known, deeply entrenched, and harmful to the speed and quality of justice delivery.
Recent reports indicate that over 243,000 cases were pending in superior courts of record — excluding the Supreme Court — as at last year. Prolonged proceedings, repeated adjournments, procedural technicalities, and, in some instances, unmeritorious appeals continue to congest court dockets. Many litigants endure years, and in some cases decades, of awaiting justice. As we all know, justice delayed is not only justice denied; it is justice diminished.
Persistent underfunding of the judiciary continues to undermine the capacity of courts to function effectively. Inadequate resources manifest in poor infrastructure, insufficient courtrooms, inadequate support staff, outdated manual processes, and slow adoption of modern case-management technologies. Judicial officers and their support teams often operate under suboptimal conditions, which compromises efficiency, well-being, and institutional dignity.
Equally concerning are the recurring allegations of bribery, undue influence, bureaucratic inefficiency, and inconsistent decision-making in parts of our judicial system. These issues — whether perceived or real — corrode public trust. When citizens begin to believe that justice can be bought, negotiated, or improperly influenced, the moral foundation of the judiciary weakens.
The slow pace of adjudication, particularly in corruption-related and other public-interest cases, has further reduced deterrence and strengthened the culture of impunity. Prolonged litigation in such matters sends the wrong signals about national commitment to accountability and transparency.
Though the constitution guarantees separation of powers, the judiciary remains, in practice, heavily dependent on the executive for budgetary releases and administrative support. This structural dependency continues to threaten true judicial autonomy and may affect the confidence with which courts handle politically sensitive or high-stakes cases.
Access to justice also remains limited for a significant number of Nigerians. High costs of litigation, geographical barriers, slow court processes, and inadequate infrastructure place formal justice out of reach for many — particularly the poor, rural dwellers, and vulnerable groups. Consequently, a growing number of citizens resort to informal or extrajudicial means of dispute resolution. While these mechanisms may be convenient, they undermine the rule of law, weaken judicial authority, and threaten long-term social cohesion.
Globally, we have also seen troubling trends where the rhetoric of “judicial reform” has been used to weaken judicial independence. In some jurisdictions, experienced judges have been replaced with loyalists; courts have been politicised; and the separation of powers eroded. These international developments remind us that judicial institutions — no matter how established — remain fragile. Once public trust in the judiciary is lost, it is painfully difficult to regain.
My Lords, despite these daunting challenges, they are not insurmountable. They require collective courage, institutional foresight, and an unwavering commitment to integrity from all stakeholders — the judiciary, the legal profession, the executive, the legislature, and the public.
My Lord President, My Lords, distinguished colleagues: the burdens may be heavy, but the mission remains noble and sacred. The Court of Appeal must continue to rise above pressures, political or otherwise, and remain the moral anchor of our justice system. As this new Legal Year begins, we urge your Lordships to remain courageous, principled, fair, and steadfast in the interpretation of the law.
For our part, the Nigerian Bar Association will continue to champion reforms aimed at enhancing judicial independence, strengthening institutional capacity, and promoting ethical legal practice. We are committed to fostering professionalism, civility, and respect for the judicial process. The Bar stands ready — as partner, as advocate, and, when necessary, as constructive critic — to support the judiciary in restoring and strengthening public confidence in justice delivery.
As we step into this new Legal Year, we envision a judiciary that is efficient, truly independent, accessible, technologically up-to-date, transparent, just, and resilient — a judiciary capable of withstanding political pressures, social anxieties, economic challenges, and the evolving complexities of contemporary governance.
On behalf of the President of the NBA, I reaffirm our unwavering commitment to stand with this Honourable Court as a guardian of justice, integrity, and the rule of law.
May the 2025/2026 Legal Year be marked by clarity of judgment, institutional renewal, courageous adjudication, and a renewed bond of trust between the judiciary and the Nigerian people. May every courtroom become a place where Nigerians find fairness, dignity, confidence, and hope.
Thank you, My Lords, for your kind attention and indulgence.
