Senate approves bills to add more judges to Federal High Court and Court of Appeal

A bill to increase the number of judges in the Federal High Court from 70 to 90 has passed its second reading in the Senate.

Another bill, which aims to raise the number of justices in the Court of Appeal from 70 to 110, has also passed its second reading.

The Senate Leader, Opeyemi Bamidele, sponsored both bills. They were approved during the plenary session on Wednesday.

Senate President Godswill Akpabio announced the approval after most senators voted in favor of the bills in separate sessions.

After passing, the bills were sent to the Senate Committee on Judiciary, Human Rights, and Legal Matters.

The bill to increase Federal High Court judges seeks to change the Federal High Court Act, Cap. F12, Laws of the Federation of Nigeria, 2004. The goal is to add more judges and tackle delays in justice delivery.

Mr. Bamidele led the discussion on the bill. He said the increase is key to ensuring justice is served quickly and effectively.

"The essence of every judicial system is to ensure the timely and effective administration of justice, as justice delayed is justice denied. It is a known fact that no democracy can thrive where citizens and institutions are unable to obtain prompt judicial determination of disputes. As such, it is imperative that the justice sector is well equipped with both human and material resources for it to be able to perform its constitutional role effectively," he said.

He pointed out that the number of cases at the Federal High Court has gone up due to economic growth and rising demands on the justice system.

"Over the years, the volume of cases before the Federal High Court has increased exponentially. The expansion of economic activities, growth in commercial transactions, advancements in technology, the emergence of cybercrime, the rise in anti-corruption prosecutions, and the complexity of modern governance have significantly increased the Court’s workload.

"However, in spite of these developments, the statutory number of judges of the Federal High Court has remained inadequate relative to the demands placed upon the Court, which has resulted in congestion of court dockets, prolonged delays in hearings and determination of cases. Increased cost of litigation to litigants."

Need for more Court of Appeal justices

On the bill for the Court of Appeal, Mr. Bamidele stated that it would not only increase the number of justices but also ensure fair representation from all states and the Federal Capital Territory.

He said the bill would clarify seniority and ranking among justices, improve the court's administration, and enhance how appeals are handled.

The Senate leader added that the legislation would help follow the federal character principle, allow for better national representation in the court, and build public trust in the justice system.

Virtual Court Proceedings

Mr. Bamidele also mentioned that the bill would set up a legal basis for virtual court sessions.

"Another salient provision of this Bill is the introduction of Virtual Court Proceedings, which many jurisdictions across the globe have institutionalised due to its effectiveness and expediency during the COVID-19 pandemic.

"Furthermore, the proposed amendment empowers the Court to conduct proceedings electronically in accordance with its Rules. This initiative aligns with our appellate system, with global technological developments, and the broader digital transformation agenda of the government. Another innovative provision of the Bill is the establishment of an Alternative Dispute Resolution Centre within the Court of Appeal. This mechanism has become an indispensable tool for reducing court congestion and encouraging amicable settlement of disputes," he stated.

The bill also defines how appellate panels should be made up and sets out new requirements for certain types of appeals that involve tricky legal issues.

Mr. Bamidele explained that these changes would improve the quality of appellate decisions and ensure that important matters are given the attention they deserve.

He said the current number of justices in the Court of Appeal is not enough due to the rising number of appeals from courts and tribunals all over the country.

"The existing number of Justices has become grossly inadequate in view of the increasing volume of appeals emanating from courts and tribunals across the country. The consequence has been a substantial backlog of cases, prolonged delays in the hearing and determination of appeals, and increased pressure on judicial officers. This proposed amendment is therefore intended to reduce case congestion; facilitate quicker disposal of appeals; and promote the constitutional guarantee of fair hearing within a reasonable time," he said.

Nigeria’s judiciary has struggled with many cases piling up, with civil, commercial, and criminal cases often taking years to resolve. Legal experts say this problem is due to not having enough judges and justices relative to the number of cases filed nationwide.

The Federal High Court handles issues like taxation, banking, maritime cases, intellectual property, terrorism, cybercrime, corruption, and disputes with federal agencies. Its number of cases has risen sharply due to growing economic activities and more complex crimes.

The Court of Appeal is also under pressure as appeals from federal and state high courts, election tribunals, and specialized courts keep increasing. This congestion leads to long waits for final decisions, affecting individuals, businesses, and government agencies.

Long delays in the justice system can hinder investments, raise litigation costs, lower public trust in the courts, and violate the principle that justice should be served promptly.

If the proposed increase in judges and justices is approved and put into action, it could help clear case backlogs, speed up dispute resolutions, improve access to justice, and boost Nigeria’s judicial system.

The plan for virtual court proceedings and alternative dispute resolution methods is also expected to relieve some pressure on the courts and help speed up case processing.