A United Kingdom-based legal practitioner, Njoku Jude Njoku, has raised serious concerns over what he describes as a growing “crisis in comprehension” within Nigeria’s judiciary, warning that misinterpretation of English legal texts is undermining justice delivery in the country.
Njoku, who hails from Eziudo, Aboh Mbaise in Imo State, argued that a lack of precise understanding of legal English among some judges is leading to judicial inconsistencies and procedural violations — especially evident in the ongoing case of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
Section 303(3)(c) of ACJA 2015 – The Duty to Evaluate Evidence
Citing the Administration of Criminal Justice Act (ACJA) 2015, Njoku drew attention to Section 303(3)(c), which mandates that during a no-case submission, a trial judge must assess whether the evidence presented could lead a reasonable court to convict.
He expressed concern that Justice Omotosho of the Federal High Court, Abuja, in a recent ruling, declined to evaluate key cross-examination records conducted by defence counsels, including Chief Kanu Agabi, SAN, Dr. Onyechi Ikpeazu, SAN, and Paul Erokoro, SAN.
According to Njoku, “Refusal to evaluate evidence in a no-case submission violates a statutory duty. The law compels judges to review the strength and credibility of the evidence — not to ignore it.”
Legal analysts note that such an omission could significantly affect the integrity of judicial proceedings, especially in high-profile constitutional matters.
Section 122 of the Evidence Act – Failure to Take Judicial Notice of Repealed Laws
Njoku further highlighted Section 122 of the Evidence Act, which requires courts to take judicial notice of all enacted and repealed laws in Nigeria.
He observed that both the Supreme Court (in remitting Kanu’s case) and Justice Omotosho (in ruling on the no-case submission) overlooked the repeal of the Terrorism Prevention (Amendment) Act 2013 by the Terrorism Prevention and Prohibition Act 2022.
Njoku emphasized that this oversight is “not a procedural lapse but a jurisdiction-terminating error.” He referenced the Supreme Court ruling in NNPC v. Fawehinmi (1998) 7 NWLR (Pt. 559) 598, where the Court held that failure to take judicial notice of a law or its repeal invalidates proceedings.
Judicial Literacy and Language: The Root of the Problem
According to Njoku, the problem extends beyond individual cases — it reflects a systemic weakness in the judiciary’s comprehension of legal English.
He noted that “many judicial officers mistake fluency in spoken English for mastery of legal English, leading to errors in interpretation and application of statutory provisions.”
He suggested that Nigeria’s judicial training programs include refresher courses in judicial English and comparative common law interpretation, possibly through exchange or industrial training in common law countries such as the United Kingdom, Canada, or Australia.
Conclusion: Justice Lost in Translation
Njoku concluded that unless Nigerian judges improve their comprehension of statutory English, justice would continue to suffer.
“What Nigeria faces is not just a judicial problem, but a linguistic one. Laws written in plain English are being distorted through poor comprehension. Until judges understand the language of the law as intended, justice will remain lost in translation,” he stated.
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