Towards Abolition of the Doctrine of De novo Trials in Nigerian Courts

Abstract:

Whenever the problem of delay in the administration of justice is discussed the doctrine of de novo trial comes into focus with the various perspectives that the phenomenon presents. The Nigerian situation is as simple as stating that while the society is growing and moving forward, the Nigerian law (one of which is de novo trial) is dragging it backwards. The end result is that it is not only expensive and breeds delay and denial of justice, the system and those running it do not seem to bother and those affected do not also seem to have the will to make a fuss and perturbation. Yet, around the world, the evidence that the doctrine has been abandoned because it is ‘bizarre’ is so glaring that why it is still being maintained, entrenched and eulogized in Nigeria drives this study which adopts the doctrinal method. The study finds that de novo is a procedural bench problem and seeks to highlight that there are no dangers inherent in abolishing the procedure in the trial process where a Judge is elevated, dies, resigns, retires or is transferred so that his successor can continue from where he stopped and so that de novo can only be resorted to in the appellate realm where the need arises.