With 39,526 Pending Cases, Appeal Court President Vows Punitive Costs For ‘Frivolous’ Suits

The President of the Court of Appeal, Justice Monica Dongban-Mensem on Monday warned Nigerian lawyers and litigants to refrain from dubious tactics such as filing “frivolous appeals” that hinder progress.

She disclosed the decision the appellate court will adopt against such cases henceforth during its 2023/2024 legal year’s special court session in Abuja.

Dongban-Mensem held that it could amount to national sabotage to keep the court registry filled up with frivolous appeals, hence the need to impose punitive costs on such appeals.

The appeal court president said, “The Apex Court has set the pace, and by Section 287 of the constitution of the Federal Republic of Nigeria 1999 (as amended); 287
(1) provides that “The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by Courts with subordinate jurisdiction to that of the Supreme Court………..” Therefore, we shall not hesitate to follow and apply the actions of the Supreme Court to impose punitive costs on learned Counsel who file palpably frivolous appeals by failing to advise their clients on the obvious futility of the appeal.

“Those unwilling to proceed with appeals which are ripe for hearing are hereby reminded that such appeals shall no longer receive the nodding par adjournments,” she said.

The appellate court president urged the president of the Nigerian Bar Association, Yakubu Maikyau SAN, to address the issues which according to her, amount to unethical practices that waste the time of the court and resources.

The jurist opined that there was a need for the NBA President to be empowered to initiate initial disciplinary action against erring learned counsels of all strata.

She revealed that while respective justices are heavily burdened with cases, the Court of Appeal is commencing the new year with 39,526 pending appeals.

“During the 2022/2023 legal year, a total of 7,295 Appeals and 3,665 motions were filed in the 20 Divisions of the Court.

“The Court determined 3,765 appeals and disposed of 5,617 motions. While 1,030
of these appeals were dismissed and 10,381 were allowed. The court still has a total of 39,526 Appeals pending as at 31st of August, 2023. This is an increase from 34,037 pending in the Court in the 2021/2022 Legal Year,” the appellate court president added.

The judge further leveraged the session to appeal to the federal government to intervene and provide a number of the justices with new vehicles.

She held it is scandalous and unacceptable that justices who have been serving the nation are using vehicles that by government standards are scrap.

“It is regrettable to state that 41 Honourable Justices’ main official vehicles have exceeded the recommended service threshold of four years. Some of these vehicles have been in use for over a decade.

“This means that justices who have been serving for over ten years are still grappling
with old vehicles in the execution of their duties below those used by Judges of the lower Courts.

“I, therefore, use this medium to appeal to the Federal Government that the Court needs quick intervention to facilitate the provision of new official vehicles for the concerned Justices as budgetary allocation cannot meet this urgent relief,” she added.

On the behalf of Body of Senior Advocates of Nigeria(BOSAN), the former Attorney-General of the federation, Kanu Agabi SAN said the judiciary is at the root of the survival of Nigeria through its pronouncements.

He urged the justices not to lose confidence in themselves, saying “We are proud of the justices of this country; here and there, mistakes are being made and that is the proof that we are human.”

Agabi however advised that judges should not burden suspects with bail conditions that are not affordable, adding that defendants are presumed innocent until they are pronounced guilty.

He asked the AGF Lateef Fagbemi SAN to liaise with President Bola Tinubu to ensure that the judiciary is emancipated.

For Fagbemi, there is a need to fill the vacancies at respective courts with competent judges for the efficient delivery to justice.

At today’s end of the session, the Chief Justice of Nigeria, Olukayode Ariwoola in the company of his entourage, commissioned a Fire Service Station among other projects within the Court of Appeal.