Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts

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dc.contributor.advisor Hamman, Abraham J.
dc.contributor.postgraduate Obiokoye, Iruoma Onyinye
dc.date.accessioned 2006-10-16T12:22:49Z
dc.date.available 2006-10-16T12:22:49Z
dc.date.created Oct-05
dc.date.issued 2005
dc.description Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa
dc.description Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
dc.description.abstract "A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. In countries such as Nigeria, South Africa, Ghana, Tanzania, and Uganda, speedy resolution of disputes is becoming increasingly elusive. Although many African countries have constitutional provisions against delay, and have identified congestion, excessive adjournments, local legal culture and corruption as some of the major causes of delay, nevertheless, the problem continues to be a feature in African Courts. In Nigeria, the average period to commence and complete litigation is six to ten years. In some instances, the litigation period is even longer. For example, in the case of Ariori v. Muraimo Elemo proceedings commenced in October 1960 and took 23 years to reach the Supreme Court of Nigeria. In South Africa, despite many programs and projects in place to solve the problem, delay in the administration of justice is still a problem. Appraising the extent of the problem, Penuell Maduna addressing the National Judges Symposium stated: “The public is perturbed by substantial backlogs in the criminal courts and in finalising prosecutions...” Mindful of the increase of this problem, especially in view of the consequences it poses, this study perceives a need to eradicate delay in the administration of justice. Thus, this study analyses the problem of delay in Nigerian and South African Courts with a view to ascertaining the nature, extent and causes of delay in the two countries, and suggests possible solutions to the problem. South Africa and Nigeria were chosen because they have similar judicial systems and experience delays in judicial proceedings." -- Chapter 1. en
dc.description.degree LLM
dc.description.department Centre for Human Rights
dc.description.uri http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html en
dc.format.extent 2384857 bytes
dc.format.mimetype application/pdf
dc.identifier.citation Obiokoye, IO 2005, Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/942>
dc.identifier.uri http://hdl.handle.net/2263/942
dc.language.iso en en
dc.publisher University of Pretoria
dc.relation.ispartofseries LLM Dissertations en
dc.relation.ispartofseries 2005(1) en
dc.rights Centre for Human Rights, Law Faculty, University of Pretoria en
dc.subject UCTD
dc.subject Administration of justice en
dc.subject Fair trial Nigeria en
dc.subject Courts South Africa en
dc.subject Human rights Africa en
dc.title Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts en
dc.type Mini Dissertation en


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