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

Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa

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Other Authors: Hamman, Abraham J.
Format: Thesis
Language:English
Published: University of Pretoria 2006
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access_status_str Open Access
author2 Hamman, Abraham J.
author_browse Hamman, Abraham J.
author_facet Hamman, Abraham J.
collection Thesis
dc_rights_str_mv Centre for Human Rights, Law Faculty, University of Pretoria
description Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2006
publishDateRange 2006
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spelling oai:repository.up.ac.za:2263/942 Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts Hamman, Abraham J. Obiokoye, Iruoma Onyinye UCTD Administration of justice Fair trial Nigeria Courts South Africa Human rights Africa Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. "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. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-10-16T12:22:49Z 2006-10-16T12:22:49Z Oct-05 2005 Mini Dissertation 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> http://hdl.handle.net/2263/942 en LLM Dissertations 2005(1) Centre for Human Rights, Law Faculty, University of Pretoria 2384857 bytes application/pdf application/pdf University of Pretoria
spellingShingle UCTD
Administration of justice
Fair trial Nigeria
Courts South Africa
Human rights Africa
Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title_full Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title_fullStr Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title_full_unstemmed Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title_short Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courts
title_sort eradicating delay in the administration of justice in african courts a comparative analysis of south african and nigerian courts
topic UCTD
Administration of justice
Fair trial Nigeria
Courts South Africa
Human rights Africa
url http://hdl.handle.net/2263/942