Expectations for Nigeria’s Administration 

of Justice Sector in 2026

For the year 2025, it was a mixed-bag for the administration of justice sector in Nigeria. However, it is undeniable that there is still a great deal of reform needed, to get the sector into proper shape. Expectations are high, that 2026 will be better for the Bar and the Bench, and there will be a holistic reform of the administration of justice sector in Nigeria. What are those expectations for the Judiciary, Courts, Police, and Nigerian Correctional Service? What are the prognostications? What should the legal community and Nigerians expect in 2026? Olawale Fapohunda, SAN and Onikepo Braithwaite; and Jude Igbanoi express their views, and make recommendations on what must be done to meet the expectations and aspirations of Nigerians in 2026, to guarantee better justice delivery for all

‘Mr President, Renew Our Hope in the Justice Sector in 2026’

Olawale Fapohunda, SAN and Onikepo Braithwaite

A Motionless or Directionless Justice System

It is a tradition of Thisday Lawyer at the beginning of every year, to review the progress made with reforms in the Administration of Justice in the previous year. This is a tradition that has now been sustained, for more than two decades. Justice sector stakeholders, who have, overs the years, expressed diverse viewpoints on challenges, progress, and prospects for a reformed justice system have always concluded with a robust call for action in the new year.

Optimism has always prevailed, even in the face of glaring challenges plaguing the sector. This year is different. The comments leading up to this 2025-2026 review of the state of our justice system, has been largely negative. This is the first time that the overwhelming commentary, will be to ask us why we bother. In the words of a senior legal practitioner ‘Don’t you get tired of writing about our hopes and aspirations for the justice system, when it is obvious that those who should read are either not doing so, or simply do not think the justice system is worth the attention”. The ‘why do you bother’ comment, was matched by the equally depressing ‘nothing is happening’ views. These are those who insist that, for the justice sector ‘it has been all noise and no movement’.  Someone said ours is a classical case of, ‘the more the noise the less you see’.

It is deeply regrettable that more than two decades after the attainment of democracy, the wind of pessimism is blowing over our justice system like a hurricane. The emerging consensus among justice sector stakeholders that our justice system is caught in between heading nowhere at all to heading in the wrong direction, is an impediment to our democracy.

When Frustration Beclouds Reality

On why we bother, we bother because doing nothing can never be an option. We have to bother because, it is incumbent on every legal practitioner to speak up in support of a justice system that is fair, accessible, accountable to all members of society, ensures due process and protects fundamental human rights. This is our calling. In addition to speaking up, we are obliged to proffer solutions and where possible within our various spheres of influence, seek to implement those solutions. We simply cannot afford to get tired of constantly reminding our President and Commander-in-Chief, that there can be no renewal of hope for our country or her citizens, without a justice system that works for the benefit of all our people regardless of money, gender, ethnic group, religion or any other attribute.

Having said all this, it is also important that we do not allow our frustration with the slow pace of progress becloud our sense of reality. It is simply not true that ‘nothing is happening’. Expectations may have outpaced tangible deliverables, but there have been significant movements at least in six main areas.

First, in the area of judicial reform, efforts have been made to strengthen the independence of the Judiciary, including the appointment process, improved remuneration for Judges, and disciplinary mechanisms for judicial misconduct. Secondly, with criminal justice reforms, the Administration of Criminal Justice Act 2015 (ACJA) introduced innovative measures to expedite trials, protect the rights of Defendants, and modernise criminal procedures. State-level adaptations of the ACJA, have further expanded its impact. Thirdly, Alternative Dispute Resolution (ADR) mechanisms such as mediation and arbitration have been promoted to reduce the burden on courts, and provide faster, cost-effective resolutions to disputes. Fourthly, there has been some progress in technology integration. Digital case management systems and virtual hearings have improved efficiency and accessibility, at least in some courts. Despite funding issues, legal aid and access to justice initiatives including the expansion of legal aid schemes and pro bono services, have helped improve access for vulnerable population. Finally on law reform. There is a serious ongoing effort to review the Laws of the Federation. The last time this exercise was carried out, was over two decades ago.

Presidential Attention Required for the Justice Sector

As we begin the year 2026, the truth that is self evident and which has been told multiple times in this publication, is that without President Bola Ahmed Tinubu’s attention and prioritisation of the justice sector, we will continue to make progress at snail’s speed. The nature of the interventions required to make the difference that we desire, is beyond the capacity of the two other arms of government and indeed, outside the realm of ministerial powers. This is more so, because these interventions require the Federal and State Governments working together. The approach has to be holistic and nationwide, with Mr President leading from the front. It is for this reason that our very first prayer point for the justice sector in 2026, is that the Almighty God in His infinite mercy will grant Mr President divine wisdom, discernment and understanding to prioritise the justice sector recognising that much of the challenges of crime, safety and security we are facing as a nation presently, is caused by our struggling justice system.   In 2026, all the key institutions that make up our justice sector need Presidential attention, if the faith of our people in the justice system is to be renewed.

Wanted: NEC Meeting on the Future of the Judiciary

The Judiciary, the Police, correctional services and access to justice institutions, are victims of limited attention at the highest level of government. Starting with the Judiciary, Mr President should be encouraged to support the position of the National Judicial Council (NJC) on constitutional judicial reform. The NJC has adopted a commonsensical approach to reforms in the Judiciary, by proposing a set of alterations to Judiciary-related Bills that are currently before the National Assembly. These alterations cumulatively focused on strengthening judicial independence, achieving efficiency and integrity. Constitutional amendment is a critical pathway to achieving these goals.

The second action point as it concerns the Judiciary, is to urge Mr President to convene a National Economic Council meeting on the future of the Judiciary in Nigeria. The situation of the State judiciaries, generally requires urgent attention. There is a clear and present need for a national consensus on the minimum institutional standards acceptable for a State Judiciary. In 2026, it is a tragedy that conversations about State judiciaries almost always focuses on dilapidated High Courts premises and poor facilities in general, caused by absence of financial independence. State Governors need to be reminded that the Judiciary is not a Ministry, department or government agency. Relatedly, is the need to engage State Governors on the situation of the lower courts, most of whom suffer some of the worst conditions in public service.

Stop the Debate, State Police Now

On the Nigeria Police, the twin Presidential directives on withdrawal of Police officers from VIPs and the immediate recruitment of persons into the Nigeria Police, are important developments. However. truth be told, these interventions will not by themselves solve our security problems. Achieving a Police institution that will elevate our sense of security requires fundamental reforms, and not adhoc interventions. The foundation on which the Nigeria Police stands, is weak. It needs to be rebuilt, from the bottom up. The building blocks for this reconstruction, are the several reports of the many high-level committees that have reviewed the status of the Police at least since 1999. This publication has advised Mr President severally to review these reports, and turn them into an activity plan for the reform of the Nigeria Police. The year 2026 provides another opportunity to do so.

Then, there is the matter of State Police. In 2026, can anyone reasonably argue against creating a more responsive, effective local law enforcement by utilising officers familiar with local terrain, language and culture that will enable citizens trust and quicker response to issues like kidnapping and banditry? We think not. 2026 should be the year we stop the debate and enable State Police.

Conflict of Focus: Ministry of Interior & Correctional Services

The optimism that greeted the enactment of the Nigerian Correctional Services Act, appears to be giving way to scepticism. Its implementation continues to face substantial challenges. Shifting focus from punitive prisons to rehabilitation and reintegration through vocational training and education, achieving improved conditions including addressing overcrowding, poor infrastructure and inadequate inmate care, are some of the important goals that the Nigeria Correctional Services is grappling with. Of course, the conditions of service of correctional officers remain an important challenge.

There is also the issue of conflict of focus. Whether the current location of the Nigeria Correctional Services in the Ministry of Interior and the manner it is managed simultaneously with the Immigration Services and Nigeria Security and Civil Defence Corps, is not a stumbling block to achieving sustainable reforms in this important institution. In any case, it is obvious that a lot more needs to be done in 2026, if Nigeria is to move towards a modern correctional system focusing on humane treatment, skill development and successful reintegration.

Disempowered Access to Justice Institutions

On our access to justice institutions, it is noteworthy that possibly for the first time in a long while, these institutions are now led by persons with subject-matter appreciation and most importantly, a zeal to make a difference. Regrettably, these institutions without exception, are struggling with resource constraints of the sort that is capable of making the most motivated disempowered. The Federal Ministry of Justice and many of the State Ministries of Justice, the National Human Rights Commission and the Legal Aid Council are themselves too preoccupied with dealing with perennial lack of resources, that to insist that they achieve their mandates will be as unfair as it would be ridiculous. The tragedy of this situation becomes obvious when it is realised that, they are the next place of respite for the vulnerable in our communities when justice threatens to fail them or indeed, fails them as it frequently does. These institutions could benefit from a National Economic Council conversation of the sort we proposed earlier, in this write-up.

2026 Renewing Hope for the Justice Sector

It is only left for us to add that, reforming our administration of justice system is a complex but vital undertaking. We strongly urge Mr President, to rethink his current approach to reforms in the sector. In 2026, the renewed hope of our citizens for a more efficient, transparent, and equitable justice system that serves all irrespective of economic status or social standing, can be achieved by political will backed by the humility to appreciate the enormity of what needs to be done now. There is no shortage of proposals, of what needs to be done. While the devil might be in the details, the mission in 2026 for the justice sector should be clear. Mr President should take the justice system in a different direction, one that gives hope and comfort to an increasingly cynical population.

Olawale Fapohunda, SAN, Immediate Past Attorney-General of Ekiti State, and Onikepo Braithwaite, Editor of This Day Lawyer

Quiet Authority, Hard Choices: Judiciary’s 2026 Reform Agenda Takes Shape

Jude Igbanoi

Introduction

Leadership in the Judiciary, is rarely demonstrative. It is measured less by declarations than by consistency, restraint, and fidelity to institutional values. Since assuming office as Chief Justice of Nigeria (CJN), Honourable Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON,  has projected a style of leadership that is understated but firm, anchored in integrity and administrative discipline rather than public rhetoric.

That approach was evident, at the recently concluded All Nigerian Judges Conference. The 2025 edition recorded unusually high participation, with close to 600 Judges from across the Federation attending and remaining engaged throughout the programme. Unlike previous conferences, participation was not solely driven by attendance registers or enforcement mechanisms.

During the closing session, Hon. Justice Benson Anya of the Abia State High Court drew attention to what he described as a noticeable shift. At earlier conferences, he recalled, Judges were required to sign attendance registers in the morning and at the close of each day, yet participation often remained inconsistent. In 2025, no registers were taken, but attendance was sustained.

According to Justice Anya, the difference lay in leadership example. The Chief Justice attended every session, arrived early, and participated actively in discussions. She also ensured that Justices of the Supreme Court and the Court of Appeal, were present throughout. Attendance, he observed, became voluntary, but commitment was firm.

The episode illustrates how leadership by example, can influence institutional culture. However, within the Judiciary and the wider legal community, there is broad recognition that while deeply commendable, presence alone cannot resolve the deeper structural and credibility challenges confronting the justice system in Nigeria.

A Judiciary at a Crossroads

The Nigerian justice system, stands at a critical juncture. Public confidence has been strained by delays, conflicting judgements, and the increasing politicisation of constitutional litigation. The Apex Court, burdened by an overwhelming caseload, often functions more like a routine appellate court than a constitutional guardian. These pressures make reform not merely desirable, but inevitable.

Justice Kekere-Ekun’s leadership philosophy suggests that change will not come through radical disruption, but through structural correction. Her tenure signals a shift from survival to consolidation—repairing systems quietly, so that justice can speak loudly through outcomes, not headlines. As the Judiciary looks toward 2026, attention is increasingly shifting to consolidation, with reform efforts now focused on discipline, efficiency, and systemic integrity—particularly at the level of the Apex Court. The following are some of the areas that the Apex Court must look at, as we commence 2026:

A. Jurisdictional Re-Engineering

There is a constant narrative and chatter amongst concerned stakeholders that there must be a narrowing of the Supreme Court’s mandatory appellate jurisdiction by introducing strict leave-to-appeal criteria. This will make the Court primarily a constitutional and policy court. The impact will be to reduce backlog, improve quality of judgements and align Nigeria with mature apex court models like UK, Canada, India etc. A quick win to curb frivolous leave applications and Appeals, may be an insistence that every application for leave to appeal should be accompanied by an affidavit sworn to by Counsel on record, deposing that, upon a conscientious and professional assessment of the record, Counsel genuinely believes that the proposed appeals raise arguable issues and is meritorious and deserving of the Court’s consideration.

Long term and permanent solutions to achieving this objective is swift and decisive constitutional amendment, or robust judicial rules under existing powers.

• Discipline, Accountability, and Public Trust

Despite recent improvements in institutional tone, concerns persist regarding the conduct of some judicial officers. Observers note that, certain Judges of superior courts continue to attract criticism for actions perceived as inconsistent with the ethical standards of their offices.

There is growing consensus that restoring public confidence in the Judiciary, will require firmer and more decisive disciplinary action. Leadership by example sets standards, but enforcement remains indispensable. Erring judicial officers, regardless of rank, must be held accountable, if the principle that no one is above the law is to be meaningfully upheld.

Attention has also turned to the role of legal practitioners, in undermining judicial integrity. While Judges are often sanctioned, Lawyers who facilitate unethical practices frequently escape disciplinary consequences. This has renewed calls for the Nigerian Bar Association to intensify internal regulation, particularly against practitioners known for procedural abuse or corrupt inducement.

• Automation, Registry Reform, and Institutional Capacity

Alongside discipline, judicial automation has emerged as a central pillar of the reform agenda of the present CJN. Amendments to the Supreme Court Rules and ongoing digitisation initiatives are beginning to influence case management practices, but stakeholders caution that procedural loopholes remain.

Apparently, one proposal under active consideration is the full digitisation of the Supreme Court Registry. This would enable end-to-end electronic filing, processing, tracking, and archiving of court processes through a comprehensive digital case-management system. Analysts argue that such a system would significantly reduce delays, prevent loss of records, enhance transparency and improve overall efficiency.

Closely linked to digitisation, is the need for sustained investment in ICT infrastructure. Secure digital platforms, electronic recording and transcription systems, virtual hearing facilities where appropriate, and robust cybersecurity safeguards are viewed as essential to protecting court data and ensuring continuity of reform. The 2026 target should be at least, 70-80% digitisation of all Supreme Court processes.

• Communicating Justice in a Noisy Digital Age

Quiet reform, does not mean silence. In an age of misinformation, the Supreme Court must communicate better—through official summaries of landmark judgements and institutional, not personal, engagement with the public. Clear communication enhances legitimacy, without dragging the Court into media populism. It also counters misinformation, and improves civic understanding.

• Recruitment of Judicial Officers Needs Further Reform

There was a time that recruitment on to the bench was occasionally done by “invitation only” meaning that the system and the stakeholders would occasionally identify worthy candidates to be invited to join the bench. However, the system has now become much more complex and a lot of questionable persons of indeterminable character are sadly finding their way to the bench. The present CJN has taken huge commendable steps to roll back the depreciation of the quality of the intake through the recently introduced policy of publication of applicants for the bench for public comments. This policy appears to be yielding results as it will deter those with “skeleton in their cupboards” and those bold enough to proceed despite the skeletons. However, in 2026 the NJC must carry out further reform especially at the intake selection and testing level by the Heads of Courts and State JSC levels. That process is still far from perfect because that process still appears sometimes opaque and riddled with nepotism and corruption. Centralised testing supervised by the NJC with an independent panel of neutrals to oversee examinations, anonymised examination sheets etc must be introduced to infuse credibility into the system so only the best can emerge.

• Strategic Capacity-Building Framework

Capacity-building has also emerged as a priority for the Apex Court. Proposals include the development of a long-term strategic framework for continuous professional development across the Apex Court—covering Justices, judicial assistants, registrars, and support staff—in areas such as advanced legal reasoning, ethics, case management, and global best practice technology-driven justice delivery.

• Reform of Court Proceedings and Case Management

Beyond technology, reform discussions have extended to how proceedings are conducted. One proposal suggests that all interlocutory motions be taken in chambers, while only substantive appeals are heard in open court. Proponents argue that this would decongest the Supreme Court’s docket and allow the Court to focus on appeals of constitutional, precedential, and national importance. Such procedural streamlining, analysts note, could significantly reduce delays without compromising the quality of judicial scrutiny.

• Cost Sanctions and Control of Procedural Abuse

Another area of concern is the growing prevalence of frivolous and vexatious appeals. Legal practitioners acknowledge that a substantial portion of the Apex Court’s workload is consumed by applications that delay justice without advancing the law.

To address this, proposals have been advanced for the imposition of substantial and deterrent costs on frivolous or abuse-of-process appeals. Where such costs are awarded and remain unpaid, defaulting counsel could be denied the right of audience in Nigerian courts until full compliance is achieved. Further proposals include imposing clear timelines—such as 60 days—for the payment of costs awarded personally against counsel. Non-compliance could attract additional sanctions, including restrictions on the right of audience. Any award of personal costs against counsel would also be treated as a disciplinary matter and formally reported to the appropriate professional bodies.

•Commercial Appeals and Investor Confidence

Judicial delay remains a major concern for investors, particularly in commercial disputes. As Nigeria seeks to attract foreign and indigenous investment, attention has turned to the role of the Apex Court in promoting commercial certainty.

One proposal is the institutionalisation of fast-track commercial appeals. Under this framework, litigants could opt to pay enhanced filing and processing fees in exchange for defined timelines for hearing and determination, particularly in high-value disputes.

Appeals involving sums exceeding N5 million could attract higher, percentage-based filing fees, reflecting both the commercial nature of the transaction and the judicial resources engaged. In addition, applications for stay of execution would receive urgent and priority listing, given their implications for enforcement and commercial stability.

•Electoral Justice and National Stability

Few issues test the credibility of the Supreme Court like election disputes. Conflicting interpretations of electoral laws and shifting standards of proof have fuelled public scepticism. A 2026 reform agenda must prioritise clarity and consistency in electoral jurisprudence, ensuring that election petitions are resolved swiftly, predictably, and within clear constitutional boundaries.

This is not activism; it is stabilisation. A predictable Apex Court is a stabilising force in a fragile democracy like Nigeria.

•Authority, Independence, and Enforcement

Justice Kekere-Ekun’s reform vision must speak to internal accountability. Judicial independence must coexist with discipline, timeliness, and ethical clarity. Performance benchmarks, peer review mechanisms, and strict adherence to judgment timelines can strengthen the judiciary without exposing it to external interference.

Equally important is the enforcement of Supreme Court orders. A court whose decisions are ignored risks becoming symbolic rather than sovereign. Restoring respect for judicial authority is essential to rebuilding the rule of law. There must therefore be stronger collaboration with executive agencies and clear sanctions for disobedience of Supreme Court orders.

• ADR and Professional Responsibility

Beyond adjudication, reform discussions have also focused on strengthening Alternative Dispute Resolution (ADR) as a core component of justice delivery. While ADR mechanisms exist, their use—especially at appellate levels—remains limited.

Proposals suggest that the Supreme Court should actively encourage ADR in appropriate complex disputes. In a related development, applicants for the rank of Senior Advocate of Nigeria may be required to demonstrate a proven record of successfully resolving complex matters through ADR, including appeals settled or withdrawn following ADR processes.

Supporters argue that such measures would reduce pressure on the courts and align professional incentives with efficiency, while critics caution that careful calibration will be required.

M. Urgent Treatment of Motions for Stay of Execution

Applications for stay of execution should be treated with urgency and accorded priority listing, having regard to their far-reaching implications for the administration of justice, commercial certainty, and enforcement of judgments.

• Safeguards Against Abuse by Indigent Applicants

Where an applicant asserts indigence as a basis for relief, counsel appearing for such applicant shall provide a formal undertaking and procure the filing of such sum as the Court may determine. This bond shall be liable to forfeiture where the application is adjudged to be frivolous, vexatious, or an abuse of the process of Court. This requirement will help safeguard access to justice while discouraging the improper invocation of poverty as a shield against procedural accountability.

Conclusion

Taken together, the reform proposals under consideration for 2026 point less toward expansion and more toward consolidation. The emphasis is on tightening discipline, modernising administration, strengthening accountability, and aligning incentives across the justice sector.

As the judiciary enters this phase, the challenge will be whether quiet, integrity-driven leadership can translate into durable institutional outcomes. Ultimately, success will be measured not by announcements, but by public confidence, predictability, and the timely delivery of justice. In a system long strained by delay and distrust, 2026 may determine whether steady leadership can finally turn reform into routine.

In conclusion if these reforms take root, Nigeria’s Apex Court by 2026 could emerge as:

• A true constitutional guardian

• Jurisprudentially consistent

• Administratively efficient

• Politically insulated

• Publicly respected

Justice Kekere-Ekun’s ultimate legacy may not be defined by dramatic moments, but by enduring structures created under her administration. In a justice system long in need of calm, credible leadership, her quiet reform could become one of the most consequential judicial chapters in Nigeria’s democratic history.

Sometimes, the most powerful reforms are the ones that speak through institutions—long after the reformer has left the stage.

Jude Igbanoi, Deputy Editor, This Day Lawyer