Court, sentiments, responsible for delays in matrimonial cases –Lawyers
Matrimonial
By Sandra Umeh
Lagos, June 2, 2024 (NAN) Some Lawyers in Lagos have attributed the delays in deciding matrimonial disputes to the attitude of the courts and sentiments of society to divorce.
The lawyers told the News Agency of Nigeria (NAN) that litigation on marital disputes just like other forms of civil or criminal cases, were faced with a common problem of delay.
They, however, noted that the peculiar delays in matrimonial proceedings, were due to the attitude of the courts and sentiments of the society towards divorce.
In an interview with NAN, convener of the Duty Solicitors Network, Mr Bayo Akinlade, said that one of the reasons for the delays was the traditional belief that marriages were a lifetime commitment.
He said that because of the belief that ‘marriage is the bedrock of any society’, judicial officers tended to adhere to the norm.
“The traditional belief is that marriage is the foundation of every society, so, the theory of the judiciary is that, as much as possible, we keep the marriage institution sacred.
“That is why even in the colonial era we made use of the Received English Law, which rules are similar to the Bible, which admonishes us to keep marriages “for better for worse”.
“So, you find that some judges are often not disposed to granting divorces, and so, might delay parties with all the procedures in the Marriage Act.
“In the long run, it becomes difficult to get quick marriage dissolution,” he said.
Akinlade, however, noted that aside the moral or religious perspective, there was also the general problem of congestion of cases in the court’s docket.
“In my opinion, once a petitioner is able to meet the requirements in section 15(1)(2) of the Matrimonial Causes Act, then that should take care of the issue.,” he said.
He also noted that the statute regulating matrimonial causes was an old Act, which provides that before a marriage is dissolved, the parties must have been first separated for at least two years.
“So, you find that when a petitioner, who wants divorce approaches a lawyer, he is first asked how many years they have been separated.
“So, if there has been a separation, the lawyer then advises the petitioner further on the grounds for dissolution; so, you see it is a process,” he said.
He also highlighted another reason for delays, on the part of the respondents, who often frustrate the cases, even when the party has been served with processes to attend court.
“So, if it is a man divorcing his wife, the woman, may make herself scarce and unavailable for service of processes and vice versa.
“Now, if a party is not served with court process, they cannot legally come before court, so, this adds to the delays,” he said.
Also, the President of the Africa Women Lawyers Association (AWLA), Mrs Amanda Demechi-Asagba, highlighted some peculiarities, which cause delays in divorce cases.
She told NAN, that divorce cases suffered delays just as other cases in court, however, the first hurdle was to assign the suit number, and then, the court to try the matter.
For instance, she said that the Lagos court dockets were “overflowing” with cases, and so, getting divorce matters concluded took “donkey years” unlike states like Ogun, Osun, Nasarawa, where duration was shorter.
Demechi-Asagba also listed other factors that cause delays in divorce cases to include, service of court papers, entering of appearances. family emotions and stigmatisation of parties in a dissolution tussle.
“Some of these delays are also caused by emotions that go with divorce, like family intervention and the customary taboos accompanying such cases.
“There is also the threat to disown especially the daughter, for daring to bring shame to the family, as well as the time it takes to gather the necessary documents to support one’s case.
“The court processes of compulsory conference, mandatory reconciliation or the mediation before the commencement of trial are also factors which cause delays,” she said.
Demechi-Asagba also noted that the unwillingness of witnesses to come forward to testify for or against the parties due to family ties, was also a factor that added to the delays.
She described the restraints on the part of witnesses, as a “defence” so they are not seen as being instrumental to the divorce.
“In some cases the delays helped the parties to heal and get back together, while in some it escalates the tension, leading to violence and total breakdown,” she said.
She, however, noted that there was no time frame for dissolution of marriage in court.
She noted that undue delays in the dispensation of justice was generally not encouraged, because “Justice delayed is justice denied”.
Also speaking with NAN, the Ogun State Coordinator of the African Women Lawyers Association (AWLA), Mrs Ebere Obiora, noted that delays in the judicial process were not peculiar to divorce cases .
According to her, parties in divorce proceedings are not expected to stay together, it could be unsafe for them to live under same roof while in court.
While confirming that delays could arise in a divorce suit, she also said that counsel to either parties were at liberty to apply to the court, for speedy hearing.
“Most of the time in the life of a marriage whose dissolution was ongoing, parties do not normally live together.
“In any case, where parties are still living together and the matter becomes unduly delayed, counsel involved may apply for accelerated hearing of the suit.
“This is to avoid any of the spouses becoming a victim of circumstances.
“Meanwhile, I must point out that delays in matrimonial proceedings just as other cases, might occur due to the circumstances of the particular case.
“Therefore, delays in litigation is not an issue that bothers on cases of marriage dissolution only,” she said.
Another lawyer, who is a member of the International Federation of Women Lawyers (FIDA), Mrs Vera Chiweuba, said that issues of delay in proceedings touched on all matters irrespective of its nature.
“These delays cut across all matters whether marriage cases, criminal or civil, it is infact an issue calling for attention from apex judicial authorities.
“So, the question should be why is the judiciary so slow; this is a situation from which our courts must purge itself,” she said.
While noting that some delays maybe due to shortage of judges, Chiweuba urged the judiciary to expedite action in ensuring timely disposal of cases. (NAN)
UNS/IFY
========
Edited by Ifeyinwa Omowole