Elevating Trial Judges To A Higher Bench: Impact On Part- Heard Matters

1. INTRODUCTION

The recent approval and appointment of new Judges to the Court of Appeal by President Muhammadu Buhari³ from the bench of the Federal High Court, High Court of the States and High Court of the Federal Capital Territory, Abuja dredges up age-old issues in the administration of Justice with consequences that are far-reaching on the litigants and counsel in significant ways.

The immediate fallout of this development is that the matters that were at trial and post-trial stages before the elevation of the Judge(s) originally presiding over these matters will normally have to commence de novo. This is often without due regard to the checkered history of the matters, the time, energy and efforts so far expended on the affected cases. More pathetic are matters within the post-trial category (i.e., matters ordinarily awaiting delivery of judgment) as litigants of matters in this category suffer more hardship. It is a well-known principle that justice delayed