HB. 582-A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO ENHANCE QUICK DISPENSATION OF CRIMINAL CASES IN COURTS BY AUTHORISING THE JUSTICES OF THE FEDERAL HIGH COURT, HIGH COURT OF THE FEDERAL CAPITAL TERRITORY AND STATE HIGH COURTS TO SIT AS JUSTICES OF THE FEDERAL HIGH COURT, HIGH COURT OF THE FEDERAL CAPITAL TERRITORY AND STATE HIGH COURTS RESPECTIVELY ONLY FOR THE PURPOSE OF CONCLUDING ANY PART-HEARD CRIMINAL MATTER PENDING BEFORE THEM UPON THEIR ELEVATION TO THE COURT OF APPEAL AND FOR RELATED MATTERS. Bill Sponsored by Hon. Henry O. Archibong. Bill Progress: Committee Stage
This Bill seeks to alter Section 253, 258 and 273 of the Constitution to empower and mandate a judge of the Federal High Court, the High Court of the Federal Capital Territory, and State High Courts who has been elevated/promoted to the Court of Appeal to return to his original High Court to conclude all pending criminal matters that have been partly heard and was pending before them, even after their elevation to the Court of Appeal. This is to prevent the need for the criminal matter to be reassigned to a new judge and be started afresh.
This provision aims to prevent delays in justice delivery, ensure continuity in judicial proceedings, and avoid the duplication of efforts and resources caused by reassigning part-heard cases to other judges
A critical bill, HB 582, is currently under consideration in the Nigerian House of Representatives, aimed at improving the efficiency of criminal justice delivery, particularly when judges are promoted. The full title of the bill is “A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO ENHANCE QUICK DISPENSATION OF CRIMINAL CASES IN COURTS BY AUTHORIZING THE JUSTICES OF THE FEDERAL HIGH COURT, HIGH COURT OF THE FEDERAL CAPITAL TERRITORY AND STATE HIGH COURTS TO SIT AS JUSTICES OF THE FEDERAL HIGH COURT, HIGH COURT OF THE FEDERAL CAPITAL TERRITORY AND STATE HIGH COURTS RESPECTIVELY ONLY FOR THE PURPOSE OF CONCLUDING ANY PART-HEARD CRIMINAL MATTER PENDING BEFORE THEM UPON THEIR ELEVATION TO THE COURT OF APPEAL AND FOR RELATED MATTERS.”
The primary objective of HB 582 is to amend the Nigerian Constitution to allow judges from the Federal High Court, the FCT High Court, and State High Courts to sit as justices in their former courts solely to conclude part-heard criminal cases after their elevation to the Court of Appeal. Currently, when a judge is promoted, they lose jurisdiction over any ongoing cases, which typically results in a “de novo” (new) start for those cases. This process can lead to significant delays in justice, wasting judicial time and prolonging the resolution of cases for litigants.
This proposed change aims to address a long-standing challenge in Nigeria’s judicial system, significantly reducing case backlogs and expediting justice delivery. By allowing judges to finish part-heard cases after their promotion, the bill seeks to prevent the restarting of lengthy trials, which can contribute to delays in the judicial process and ensure that accused individuals do not spend unnecessary time waiting for judgments.
In addition to combating case backlogs, HB 582 seeks to promote judicial efficiency by making better use of court resources and time. The proposed legislation addresses a practical issue that has historically burdened the Nigerian courts, particularly in complex criminal matters.
The sponsor of HB 582 is Hon. Henry O. Archibong. As a constitutional amendment, the bill will require significant legislative support, including supermajority votes in both the House of Representatives and the Senate, as well as ratification by two-thirds of the State Houses of Assembly.
