From Ndubuisi Orji, Abuja

The House of Representatives is proposing a  bill to alter the Constitution to set a 330-day limit for the determination of civil and criminal cases at the trial and appellate courts.

The proposed legislation is titled a Bill  for an Act to alter the Constitution of the Federal Republic of Nigeria 1999 to set time frame within which civil and criminal causes and matters are heard and determined at trial and appellate courts in order to eliminate unnecessary delay in justice administration and delivery and for related matters (HB 618).

The bill, which is awaiting second reading, is sponsored by the Deputy Speaker, Benjamin Kalu and eight others. It seeks to alter chapter VII, Part IV of the 1999 Constitution by inserting a new Section 287A.

The proposed Section 287A stipulates that: “(1) In any civil or criminal matter except in election petition, a trial superior court of record shall deliver its judgement in writing within 270 days from the date of the filing of civil or criminal matter.

“(2) In any civil or criminal matter except in election petition, a trial inferior court of record or tribunal shall deliver its judgement in writing within 210 days from the date of the filing of the civil or criminal matter.

“(3) Notwithstanding the provisions of subsections (1) and (2) of this section  (a) a trial superior court of record may deliver its judgement in writing within 330 or more days having regard to the circumstances of the matter and in particular to the complexity of the matter, number of parties, number of witnesses, number of documents or other exceptional circumstances; and (b) a trial inferior court of record may deliver its judgement in writing within 270 or more days having regard to the circumstances of the matter and in particular to the complexity of the matter, number of parties, number of witnesses, number of documents or other exceptional circumstances.”

The proposed legislation further states that (4) “ Appeal arising from a civil or criminal matter except in election petition shall be heard and judgement delivered in writing by an appellate court within 180 days from the date of filing of the appeal, or such number of days not exceeding 270 days, having regard to the circumstances of the appeal and in particular to the complexity of the appeal, calling of fresh evidence or other exceptional circumstances.

“(5) A judgement of court shall not be nullity for the reason that it was not delivered within the time set by this section of the Constitution.

“(6) Where any court delivers judgement beyond the time set by this Section of the Constitution relying on exceptional circumstances, the judicial or presiding officer of the court shall before the beginning of a new legal year send a report on any such matter to the National Judicial Council, stating the exceptional circumstance.”

Nevertheless, the bill states that the  proposed time limits, if eventually passed into law, “shall not affect matters pending in court at the time of coming into effect of the provisions of this section.”