Rule of Law and Accountability Advocacy Centre (RULAAC) has received complaints from judicial stakeholders in Imo State, Southeast Nigeria, concerning the ongoing closure of the Court of Appeal, Owerri Division. This closure, since October 2024, was purportedly based on a bogus threat by a faceless pro-biafra group that ordered non Igbo judicial officials in the state to leave the state.
While RULAAC’s checks confirmed that there was such a threat, we were further made to understand that the threat was for a limited period of one week or thereabouts within the time it was made. Several months after, the Appeal Court, Owerri Division, remains closed.
We doubt that the closure of the Court of Appeal by the judicial authorities could still be based on this threat, which IPOB quickly disowned and dismissed at the time. In fact, other courts like the Federal High Court and the National Industrial Court within the same environment as the Appeal Court are still open and sitting.
It is our considered view that if insecurity is the real reason for the continued shut down of the Owerri Division of the Appeal Court, then no courts would be seating in the Northeast, the hotbed of Boko Haram insurgency. In Zamfara, Katsina and Kaduna in the North Western part of Nigeria where banditry holds sway, with insecurity at its peak, the courts of Appeal are comfortably sitting there. A division of the Court of Appeal was recently set up in Borno, very close to Sambisa forest. Yet courts are sitting in these crisis-ridden areas.
RULAAC is seriously concerned about the continued closure of the Court of Appeal division in Owerri since October 2024. We note that this raises significant concerns regarding access to justice in the state. With over 6,000 pending cases and an alarming increase of 1,500 new cases each month in the Owerri Division alone, the current legal limbo affects countless litigants who deserve timely adjudication
This troubling situation raises some serious issues.
Firstly, judicial abdication. The apparent withdrawal of the Appeal Court justices from their responsibilities, reportedly due to a threat from a faceless pro-Biafra group, reflects a troubling trend of evading judicial duties rather than confronting security challenges head-on.
Secondly, comparative responses to insecurity. It is noteworthy that courts in the Northeast, where Boko Haram poses a serious threat, continue to operate. This raises questions about the consistency of the response to security threats across different regions and the implications for the rule of law.
We note that the Nigerian Bar Association (NBA) had in December 2024 expressed deep concern about the disruption of judicial functions in the southeast. The NBA President emphasized that justice must not become a casualty of insecurity and urged stakeholders to explore alternatives, such as virtual hearings or temporary relocations of court proceedings, to ensure that justice is accessible.
The NBA also called on Southeast governors to assert their authority, ensuring the safety of judicial officers and reinforcing their ability to govern effectively.
RULAAC believes that justice must remain unwavering, even amidst security concerns. It is vital for the judiciary to explore innovative solutions to uphold the rule of law in Nigeria. The sustained closure of these courts impairs the rights of citizens and undermines confidence in the judicial system. The commitment of all stakeholders, including the government, judiciary, and legal practitioners, is essential to restore access to justice in the Southeast region.
We therefore call on Southeast Governors to assert their authority and demonstrate that they are capable of providing firm and responsible leadership. They must provide and guarantee a safe environment for judicial and other governmental processes to go on unhindered.
As already stated, IPOB had disowned the threats by the faceless group. But assuming that the fears are founded, the recommendations by the NBA regarding the utilization of technology come in handy. Governments should immediately implement virtual hearings to ensure ongoing access to justice while addressing security concerns.
Other options may also be considered, including the establishment of mobile courts or relocation of court sessions to safer venues to continue legal proceedings without interruption.
We call for collaboration between judicial authorities and state governments to enhance security measures for courts and judicial staff.
Okechukwu Nwanguma
Executive Director
