Abstract
The Nigerian justice system currently faces significant administration and efficiency problems. It is well-established that the justice system is slow, not accountable, not so transparent and unfriendly to its users and stakeholders. The use of legal terminologies and technicalities are rife and bogged down the wheel of justice. This study aims to determine how the implementation of the customary Law of Lagos State can facilitate quick and efficient administration of justice at the customary courts. Specifically, it investigates whether the implementation of the new customary law of Lagos state and the application and enforcement of the judicial code of conduct can impact the administration of justice, particularly at the customary court level. To test the hypothesis that these legal instruments can positively impact the legal system the research adopts the doctrinal and comparative legal research methodologies. The results showed that the implementation of the new customary laws of Lagos state and the application of the judicial code of conduct at the customary court have the potential to improve the dispensation of justice at this level. Further, the judges must do substantial justice and avoid technical justice to achieve the desired end. These results suggest that in addition, new approaches to the dispensation of justice is required.
Highlights
Lower courts hear the majority of cases in the formal system, they are widely believed to be the most inefficient and inequitable in their delivery of justice
Poverty and inefficient processes do not encourage court users to exercise their right to lodge appeals
Inspectors need to be trained on the policy, their mandate, and how inspections should be carried out including how to engage with court users and gather information
Summary
Lower courts hear the majority of cases in the formal system, they are widely believed to be the most inefficient and inequitable in their delivery of justice. Reported service delivery problems include: court staff soliciting inducements to provide basic services that should be free; judges and employees showing open disrespect for court users; poor performance in administration such as failure to notify users about hearing dates; poor record keeping which can delay hearings; failure to record court proceedings accurately; falsifying court returns, and so on. It is common for even the simplest of cases that should be resolvable in a few minutes to become drawn out. Forms and templates need to be developed to help inspectors capture information and write reports
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