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|Judges’ Discretion, Solution To Delayed Judgment – Ex-justice by Kaidendarrell: 7:28am On Jun 17|
Retired Justice of Federal High Court Gombe, Musa Kurya, has described frivolous applications as one of the reasons for the delay in delivering judgment, adding that judges should use their discretion.
Kurya, who had served in Lagos and Jos divisions, spoke in an interview with journalists shortly after his valedictory session at the Federal High Court.
According to him, he would not blame lawyers directly for the applications, adding that the rules of the court may be the cause for the delay.Musa Kurya, a retired Justice of the Federal High Court in Gombe, has said that frivolous applications are one of the causes for the delay in delivering decision, and that judges should exercise caution.
Kurya spoke with journalists shortly after his valedictory session at the Federal High Court. He had previously served in the Lagos and Jos divisions.
He claims that he would not hold lawyers directly responsible for the applications, but that the court's guidelines may be to blame for the delays.Kurya said, “When you start entertaining such motions, you find a case taking three or four years before you can deliver the judgement.
“I don’t know whether to say directly that lawyers cause it or the rules of the court. They use the rules of the court to beat the judge, then there is nothing you can do.”
While proffering solutions to delay in dispensing judgment in criminal cases, Kurya noted that judges should be allowed to use their discretion to fast track the processes."When you start entertaining such motions, you find that it takes three or four years to issue the judgment," Kurya added.
"I'm not sure if it's the lawyers or the court regulations that are to blame." When they utilize the court's rules to defeat the judge, there's nothing you can do."
Kurya suggested that judges be permitted to exercise their discretion to expedite the process while proposing solutions to the delays in delivering judgment in criminal cases.
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