Frivolous applications reason for delayed judgement – former High Court Judge
Retired Justice of Federal High Court Gombe Musa Kurya has lamented what he described as frivolous application, as reason for delay in delivering judgement, adding that judges should use their discretion.
Kurya, who had served in Lagos and Jos divisions, made this disclosure in an interview with journalists shortly after his valedictory ceremony 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 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 you the judge then there is nothing you can do.”
While proffering solutions to delay in dispensing judgement in criminal cases, Kurya noted that judge should be allowed to use their discretion to fast track the processes.
“Sometimes the laws may be outdated, they need to be updated. Like the case I cited where they say if it is for bail application I’m ready but if it is not I’m indisposed.
“The judge should be given an opportunity because we now know very well that this person wants to frustrate the judgement, the judge should be given further discretion to react, if not so you find out there is alot of time wasted especially criminal cases,” Kurya added.
Commenting on his fate as a retired jurist especially as it relates to Economic and Financial Crimes Commission, he said he was not scared of being investigated.
Kurya said, “It is in my speech that they (EFCC), can come anytime they want, there is no cause for alarm.”
