- ActionAid backs judicial reforms, warns misuse of interim relief threatens fair hearing and public confidence
The Independent Judicial Accountability Panel (IJAP) has called on the National Judicial Council (NJC) to impose stronger disciplinary sanctions on judges who abuse ex-parte orders, warning that the practice threatens fair hearing, access to justice and public confidence in Nigeria’s judiciary.
The panel also recommended that judicial officers with records of misusing ex-parte orders or unresolved disciplinary complaints should not be appointed to election petition tribunals, as part of broader efforts to strengthen judicial accountability and protect the integrity of electoral dispute resolution.
ActionAid Nigeria has backed the reform drive, stressing that a credible, transparent and accessible justice system is essential to protecting citizens’ rights, particularly those of poor and marginalised communities.
The positions featured in discussions at a specialised seminar on judicial officers’ application of court rules, organised by the Federal Ministry of Justice under the theme, “Strengthening Procedural Practice and Effective Interim Relief.”
In a goodwill message delivered at the seminar, ActionAid Nigeria’s Governance Specialist, Mrs Vivian Efem Bassey, said justice must be recognised as a fundamental right available to every citizen, rather than a privilege enjoyed by a few.
She noted that the organisation’s engagement with women, young people and people living in poverty and exclusion had reinforced the importance of a justice system that upholds human dignity, equality and sustainable development.
“Where courts are fair, transparent, and accountable, citizens are protected; where they are not, the burden falls most heavily on the poor and the marginalised,” Bassey said.
She described the seminar as an important platform for judicial officers, legal practitioners and other justice sector stakeholders to examine procedural shortcomings, strengthen compliance with court rules and restore public confidence in the administration of justice.
Bassey reaffirmed ActionAid Nigeria’s support for the Federal Judicial Sector Reform Coordinating Committee (FJSRCC) and IJAP, noting that both institutions, despite their different mandates, shared a commitment to improving justice delivery and promoting accountability.
While the FJSRCC coordinates reforms across the justice sector, IJAP brings together retired Court of Appeal justices, academics, media executives, civil society representatives and legal practitioners to review judicial pronouncements, public-interest litigation and legal frameworks, with a view to recommending improvements to judicial processes.
Ex-Parte Orders Under Scrutiny
The seminar comes amid growing concerns over the request, processing and issuance of ex-parte orders and other forms of interim relief in Nigeria’s courts.
Ex-parte orders are generally issued without first hearing the opposing party. Although they may be necessary in urgent circumstances to prevent imminent harm or preserve the subject matter of a dispute, their misuse can undermine due process and expose affected parties to decisions made without an opportunity to present their cases.
Concerns over the practice featured prominently at the 2025 National Network Conference of Justice Sector Actors and in IJAP’s deliberations on judicial accountability.
The panel has urged the NJC to strengthen disciplinary action against judges who improperly grant such orders, particularly where procedural safeguards are ignored or affected parties are denied a timely opportunity to respond.
Bassey, however, cautioned against turning the reform exercise into an exercise in fault-finding, arguing that the challenge was not necessarily the absence of applicable rules but the difficulty of applying them consistently amid time constraints and procedural pressures.
She also emphasised that responsibility for preventing abuse extended beyond judges to lawyers and other professionals involved in initiating, advising on and processing applications for interim relief.
“It is also a shared responsibility, one that rests not only upon those who grant such orders, but equally upon those who request, advise on, and process them,” she said.
According to her, the seminar should deepen participants’ understanding of the legal basis, scope and limitations of ex-parte orders, identify circumstances in which they are justified and develop practical safeguards against abuse.
She added that the proper administration of interim relief required a careful balance between the urgency of protecting rights and the constitutional guarantees of fair hearing and due process.
The seminar is expected to produce a communiqué outlining key observations, recommendations and proposed actions for engagement with judicial institutions, including the NJC.
Panel Proposes Sweeping Judicial Reforms
Beyond ex-parte orders, IJAP has advanced a broad package of recommendations aimed at improving judicial independence, transparency, accountability and efficiency.
Among its proposals is a restructuring of the office of the Chief Justice of Nigeria to reduce the concentration of powers, alongside greater transparency in judicial appointments and opportunities for citizens to scrutinise prospective appointees.
The panel also recommended improved recruitment and continuous training for judicial staff, better remuneration and retirement benefits for judges, and the establishment of an online platform through which citizens could report alleged judicial misconduct.
Other proposals include electronic recording or live coverage of court proceedings, exchange programmes for judicial officers, stronger public communication by the judiciary and faster determination of cases involving constitutional interpretation and other matters of national importance.
It further advocated stronger accountability mechanisms, including extending the application of the Code of Conduct Bureau Act to post-tenure accountability for judges.
The recommendations reflect broader concerns about public access to information, institutional oversight and the need to ensure that judicial officers are held to appropriate standards of professional conduct.
Election Petition Reforms Proposed
Electoral dispute resolution is another major focus of IJAP’s reform agenda, given the implications of prolonged litigation and controversial judicial decisions for public confidence in Nigeria’s electoral system.
The panel called for pre-election cases to be determined before elections wherever practicable, arguing that timely adjudication would promote fairness, reduce multiple lawsuits and improve election administration.
It also proposed reducing the period for determining election petitions from 180 days to a maximum of 120 days.
On appellate jurisdiction, IJAP recommended that appeals involving elections into the House of Representatives, Senate and governorship offices should generally terminate at the Court of Appeal. It proposed that presidential pre-election matters should originate at the Court of Appeal and terminate at the Supreme Court.
The panel further urged courts to prioritise substantial justice over technicalities in pre-election disputes, citing the Supreme Court decision in Ahmed v. Machina (2023).
IJAP Seeks Clarity on Electronic Transmission of Results
Following its review of provisions of the Electoral Act 2026, IJAP identified what it described as ambiguities in the legal framework governing electronic transmission of election results.
The panel raised concerns about the wording of Section 60(3), particularly the phrase “shall at all times,” arguing that it could lead to differing interpretations of the relationship between electronic transmission and the use of polling-unit result forms.
It proposed amending the provision to require election officials to transmit results electronically to a public portal immediately after the prescribed forms have been signed and stamped by officials and countersigned by candidates or polling agents, where available.
Under the proposal, electronically transmitted results would be used to verify and confirm other results before collation.
IJAP also called for clearer provisions in Sections 60 and 62 regarding the method and destination of results transmission, as well as the correction of an apparent cross-referencing error.
Additional proposals include restricting certain former political appointees and directorate-level staff of the Independent National Electoral Commission (INEC) from partisan political activities for at least five years after leaving the commission.
The panel also advocated constitutionally recognised independent candidacy and a legal basis for citizens to institute public-interest litigation over alleged breaches of the Electoral Act and the Constitution.
Human Rights, Rule of Law Also in Focus
IJAP’s recommendations extend to human rights protection and compliance with judicial decisions, including judgments delivered by regional courts.
The panel expressed concern over Nigeria’s reported failure to comply with a July 2024 judgment of the ECOWAS Court of Justice in Obianuju Catherine Udeh and two others v. Federal Republic of Nigeria, a case arising from the October 2020 #EndSARS protests and the Lekki shooting.
According to the panel, failure to implement the judgment, which awarded monetary compensation to the applicants, could damage Nigeria’s international reputation and reinforce perceptions that the country does not adequately respect judicial decisions.
It urged Nigerian courts to adopt liberal interpretations of constitutional and human rights provisions, drawing on the African Charter on Human and Peoples’ Rights, to encourage the effective resolution of rights disputes within the domestic legal system.
The panel also called on the government to discourage the use of the military and other armed personnel to disperse protests.
It urged the Attorney-General of the Federation to ensure credible investigations into allegations of human rights violations by federal government agents, with appropriate sanctions and reparations where violations are established.
On constitutional governance, IJAP recommended that the National Assembly rely on ascertainable voting records, rather than voice votes, when deciding constitutional matters requiring a specified majority.
Stakeholders Urged to Implement Recommendations
IJAP maintained that implementing its proposals would require sustained commitment from the Attorney-General of the Federation, judicial institutions, lawmakers, electoral bodies, civil society organisations, development partners, the media and citizens.
Bassey, meanwhile, commended the Federal Ministry of Justice for convening the seminar as part of its ongoing court rules reform process and acknowledged the contributions of the FJSRCC, IJAP and other partners.
She urged participants to engage candidly and constructively, stressing that meaningful reform depended on collective responsibility among judges, lawyers and other actors in the administration of justice.
ActionAid Nigeria, she said, remained committed to supporting initiatives that promote accountability, fairness and equal access to justice.
The reform proposals place renewed emphasis on the need to ensure that procedural powers are exercised responsibly, judicial decisions are subject to appropriate accountability mechanisms and citizens can seek redress without discrimination.
For IJAP and its reform partners, strengthening judicial accountability, improving electoral dispute resolution and safeguarding the rule of law are essential to rebuilding public trust in the judiciary and consolidating Nigeria’s constitutional democracy.
