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CJN Kekere-Ekun
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has given hints on how judges could avoid delays and ensure prompt justice delivery.
The CJN said that where judges familiarise themselves with relevant laws and case management techniques, their decisions would be swift and cases would be determined on time.
Justice Kekere-Ekun spoke in Abuja on Monday during the opening session of a refresher course for judges of the superior courts on “the management of evidence in trial,” organised by the National Judicial Institute (NJI).
She said, “The modern judge is not a passive arbiter. While impartiality remains paramount, judges are expected to exercise informed and active control over proceedings to ensure fairness, efficiency, and procedural discipline.
“This responsibility necessarily requires a firm mastery of the Evidence Act, so that rulings on the admissibility of evidence can, in appropriate circumstances, be delivered from the Bench with clarity and confidence.
“Undue or routine adjournments to rule on issues of admissibility should be discouraged, as they contribute to delay and undermine the momentum of trial proceedings.
“Active case management therefore entails controlling the presentation of evidence, ruling promptly on objections, curbing dilatory tactics, and safeguarding the integrity of the trial process.
“These functions demand not only technical competence, but also sound judicial judgment exercised with decisiveness and restraint,” the CJN said.
Justice Kekere-Ekun stressed the importance of evidence in any trial process and why judges must develop effective evidence management skills.
The CJN noted that evidence remains the foundation upon which judicial decisions are built, adding that it is through evidence that facts are established, credibility is assessed, and the law is applied.
She said, “While substantive and procedural rules provide the legal framework for adjudication, it is the manner in which evidence is received, managed, evaluated, and applied that ultimately determines the fairness and quality of judicial outcomes.
“For Judges of the superior courts, whose decisions often shape jurisprudence and public confidence in the justice system, a firm grasp of evidentiary principles is indispensable.
“The evidentiary environment within which our courts operate has expanded considerably. Alongside traditional oral and documentary evidence, courts are now confronted with electronic records, digital communications, forensic materials, and expert testimony from specialised fields.
“These developments enhance the truth-finding function of the courts, but they also introduce new challenges relating to admissibility, authenticity, reliability, and probative value.
“Judicial officers must therefore be adequately equipped to navigate these complexities with confidence and consistency.”
“The Evidence Act, 2011, as amended by the Evidence (Amendment) Act, 2023, continues to provide the statutory framework for evidentiary practice in Nigeria. Judges must interpret and apply its provisions in a manner that accords with constitutional guarantees, particularly the right to fair hearing.
“The exercise of judicial discretion in evidentiary matters must therefore be informed, principled, and firmly grounded in law and precedent. Effective evidence management is also closely linked to judicial case management.”
The CJN, who commended the NJI for the initiative, noted that the refresher course was convened at a time when judicial work has become increasingly complex.
She noted, “The nature of disputes brought before our courts has evolved significantly. Judges of the superior courts are routinely called upon to determine matters involving extensive records, complex factual scenarios, and multiple layers of evidence.
“In this context, the effective management of evidence is no longer merely procedural; it is central to the delivery of justice itself,” the CJN said.
The Administrator of the NJI, Justice Babatunde Adejumo (retired), explained that the course was designed to provide the participating judges with an opportunity to revisit foundational principles of Evidence Law while also engaging with contemporary developments that affect how evidence is managed in practice.
Justice Adejumo, who noted that the administration of justice has, in recent years, been confronted with new evidentiary challenges that demand renewed judicial attention, said the course is meant to strengthen judges’ capacity to navigate the new challenges with confidence and consistency.
He added, “It also aims to build upon the experience of your lordships to interrogate recurring challenges encountered in trial management, and to explore best practices that enhance efficiency without compromising the right to fair hearing guaranteed under the Constitution of the Federal Republic of Nigeria.”
He assured participants of the NJI’s “unwavering commitment to supporting the Judiciary through high quality education and training,” adding that “programmes such as this refresher course reflect our belief that judicial excellence is cultivated through continuous reflection, disciplined learning, and professional collaboration.” (The Nation)