The Judiciary is one of the three arms of government whether at federal level or at state level. At all times, whether under the military regime or under the civilian democratic dispensation, the judiciary stands out as a distinct arm of government. The history of the Judiciary of Delta State is germane to the history of the Nigerian Judiciary vis a vis. the political and constitutional development of Nigeria. This has to do with the history of the courts from the inception of the British Administration in Nigeria. Before 1862 only one Court of Equity existed, which was a Commercial Court. A British protectorate was proclaimed over the “Niger Districts” in 1885. The Royal Niger Company was required to administer justice to the peoples of these territories, and the company put in place a system of judicial administration whereby the Supreme Judicial Officer had power to hear and decide all appeals from the decisions of District Agents in all administrative cases affecting customs or other revenue questions, vis a vis all civil suits. A court of justice was accordingly established at Asaba, which is now the capital of Delta State, and the Headquarters of the judiciary of Delta state.
The territories of the Royal Niger Company to the South, together with the existing Niger Coast Protectorate fell under the protectorate of Southern Nigeria, which was formed in 1899 by the British Order in Council of 1899, and it came into effect on 1st January 1900. This, in a sense, was the foundation of Nigeria as a Nation. This information is necessary because we cannot talk about the Judiciary .of Nigeria or Delta State without talking about the nation and state. Under the existing arrangement, the High Commissioner then had power to make laws known as “Proclamations,” and the Supreme Court of Southern Nigeria came into effect subsequently and took care of the whole of the Southern Nigeria protectorate.
Before the advent of the English Courts only Customary Laws of the people were applied. With the coming of the English court system, English laws and customary laws started to run in pari pasu in the stream of the Nigerian Legal system. The Supreme Court Ordinance introduced the main body of English law in 1863 via Ordinance No. 3 of 1863, and by the Supreme Court Ordinance No. 4 of 1876, the common law, the Doctrine of Equity and the Statute of General Application which were in force in England on the 24th day of July 1874 were proclaimed to be the law in force within the jurisdiction of the Court in the Lagos Colony, and the adjacent territories. The expansion of the British authority in the hinterland and the amalgamation of Northern and Southern Nigeria in 1914 expanded the court’s jurisdiction. Then it was proclaimed, by the Supreme Court Ordinance of 1914, that the applicable law in the Supreme Court of Nigeria was the Common law, the Doctrine of Equity and the Statute of General Application in force in England on the 1st day of January 1900.
Three regions were created in Nigeria: Eastern Region, Western Region and Northern Region. Each region was empowered by the constitution to establish its regional legislature and regional judiciary while the Federal Territory of Lagos was also empowered to have its own legislature and judiciary. In August 1963 the Midwestern Region was carved out from the defunct Western Region. On 27th May 1967 the region was redesignated as Midwestern State and in February 1976 it was further redesignated as Bendel State. In August 1991 Edo State and Delta State were carved out from the defunct Bendel State, and that marked the origin of Delta State and the Judiciary of Delta State.
The Judiciary of Delta State focuses on the growth of the justice sector. Its objects are the improvement of the capacities of government functionaries and stakeholders, through critical review of the process of dispensation of justice. It takes a holistic approach to the central issues of administration of justice in a civilized world and focuses on the primary responsibilities of the court as the hope of the common man. The Judiciary of Delta State desires to sustain the regime of the rule of law, which is sine qua non to the stability of any society. The law plays a vital role in any democratic setting, and when the law is certain and effective, and is applied expeditiously without discrimination, it possesses an extraordinary capacity to expand the frontiers of individual rights and liabilities. The rule of law protects the rights of individuals and makes the claim of such rights possible. This is the vision of the Judiciary of Delta State because it desires growth and development. The basic elements of modern market economy and industry are founded in law, and that is the core of democracy. Without the rule of law major economic institutions would be frustrated and they will crumble.
The Judiciary of Delta State sees its responsibility as a very important assignment. Accordingly, it has in place a systematic strategy for strengthening the integrity and capacity of the justice sector. Recently a Law Reform Committee was set up to reform the Civil Procedure Rules of the State High Court. The reform made a critical analysis of the prevailing situation in the justice sector and put into serious consideration the elements that cause delays in the sector, which invariably create untold hardship and poverty to the citizens who go to court to seek justice. The reform is geared towards speedy dispensation of justice and poverty alleviation. The priorities of the policy in the reform reflect the Millennium Development Goals, which is effective administration of justice and reduction of poverty. The rules set goals that would enhance speedy dispensation of justice, and the reform takes a step by step systematic approach to meet the various tasks and targets set to accomplish the task such as the responsibilities of the litigants, their counsel, the judicial officers and all stakeholders at every point in time. All are geared towards the policy of speedy dispensation of justice and poverty alleviation.
The Judiciary of Delta State is made up of three organizations. These are the High Court of Delta State, the Customary Court of Appeal of Delta State and the Judicial Service Commission of Delta State. The Constitution of the Federal Republic of Nigeria 1999 made provision under section 270 for the establishment of a High Court in every State. The Constitution also provides under section 275 for the establishment of a Sharia Court of Appeal in any State that requires it and under section 280 for a Customary Court of Appeal in any State that requires it. The establishment of a State High Court is imperatives in every State, but the establishment of a Sharia Court Appeal and, or a Customary Court of Appeal is optional in every State. The Constitution also provides under section 197 for the establishment of State Executive Bodies. The State Judicial Service Commission is one of the State Executive bodies established under section 197 (1) (c) and the commission is responsible for providing guide, direction and control to the state judicial service. The Judicial Service Commission is charged with the responsibility of employment, promotion and discipline of all staff of the State Judicial Service, other than Judicial Officers of the Superior Courts [see part II (c) of the Third Schedule of the 1999 Constitution].
The Chief Judge is the Head of the judicial service of the State. He holds office in four capacities:
The Chief Registrar is the administrative Head of the State High Court. He is the Accounting Officer of the court, under the supervision of the Chief Judge. The office of the Chief Registrar is a very large office with a number of Departments under it. They are:
Apart from the above Headquarters department of the Chief Registrar’s Office, the State High Court is organized under Judicial Divisions. There are also other segments of the state High Court under the judicial divisions, for administrative convenience and for effective dispensation of justice.
