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AAUA DON ADEDAYO AFE ADVOCATES FINANCIAL INDEPENDENCE FOR NIGERIAN JUDICIAL SYSTEM
Prof. Adedayo Afe has advocated the urgent need for the rehabilitation of the Nigerian judicial system through adequate funding that will guarantee both administrative and financial independence.
Afe, a Professor of Legal History in the Department of History and International Studies, Adekunle Ajasin University, Akungba Akoko (AAUA), made this call on Tuesday, October 28, 2025, while delivering the 50th Inaugural Lecture of the University, titled “The Dynamics of Jurisprudence and Judicial Reforms in Nigeria: The Verdict of History.”
The Don observed that the most significant constraint confronting the judiciary is poor funding, which has resulted in a lack of financial independence and the gradual decay of infrastructure within the judicial arm of government.
“It is unhealthy, humiliating, and unconstitutional for a Chief Judge, as the head of the Court, to have to approach the Executive begging for funds to carry out the Judiciary’s statutory functions. Good governance, anchored on the full application of the rule of law, will remain a dream if the judiciary is not financially independent,” he said.
Prof. Afe further revealed that the 1933 reform marked the beginning of the Nigerian judicial system’s decline, a situation still evident in the nation’s jurisprudential reforms today.
According to him, “This began with the deliberate design of the British to introduce their own system of judicial administration, not necessarily to ensure the quick delivery of justice, but as a matter of administrative expediency. In other words, the colonial authorities merely put in place a mechanism for a strongly enforced and falsely stable social order that would enable them to accomplish their colonial policies.”
The Inaugural Lecturer attributed the current state of the judicial system to societal challenges such as corruption, lack of synergy between law enforcement and prosecuting agencies, overcrowded correctional centres resulting from delayed judgments, and the increasing reluctance to obey court orders.
Calling for prompt intervention to “break Nigeria free from the clutches of the endangered judiciary,” the Inaugural Lecturer recommended that judges and magistrates be adequately remunerated and equipped to enhance productivity and reduce corruption. He also emphasised the need for the administrative independence of the judiciary to decongest prisons and clear the backlog of awaiting-trial cases without requiring approval from the Executive arm.
Prof. Afe further suggested that “surcharging parents or families who produce criminals, and using such funds to maintain their wards in prison custody, could help reduce crime in society, as parents would be more committed to controlling their wards’ social behaviour. It is pertinent to mention that confinement existed in many Nigerian societies before the advent of the British. It could therefore be regarded as a monumental waste for the State to spend so much maintaining prisoners, as is presently the case.”
He added, “Lawyers should not indulge in seeking adjournments unnecessarily. The Bench should not over-pamper the Bar. Judges should be made to send their returns to the Chief Judges every quarter, as was the practice before 1976. Although each case has its peculiarities, any judge who disposes of a good number of cases within a reasonable period should be commended by the Chief Judge, while any judge who performs below expectation should be reprimanded. This should also form part of the promotion criteria.”
While suggesting additional ways of speeding up judicial delivery and decongesting prisons, Prof. Afe called for the employment of more qualified judicial officers to enhance the efficiency of the judiciary and to ensure the speedy handling of awaiting-trial cases in the courts.
While introducing the Inaugural Lecturer earlier, the Vice Chancellor and Chairman of the Occasion, Prof. Olugbenga E. Ige, described the 50th Inaugural Lecture as a remarkable milestone of academic excellence and intellectual distinction for the University.
He commended Prof. Afe for his immense service to the University and his contributions to the advancement of historical and legal scholarship in Nigeria
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