Judiciary on trial: Nigeria’s democracy at the mercy of compromised justice

DDM News

The judiciary is often referred to as the last bastion of hope for the common man, yet its role in Nigeria’s democracy has been increasingly called into question.

Since the return to democracy in 1999, the Nigerian judiciary has grappled with accusations of corruption, undue political influence, and systemic inefficiencies.

When the judiciary falters, democracy stands on shaky ground.

This article seeks to unpack these issues, reflecting on their implications for Nigeria’s democratic survival and proposing reforms to restore public trust.

One of the most contentious issues plaguing the judiciary is the perception—and in some cases, the reality—of corruption in judicial rulings.

According to the information made available to Diasporal digital media (DDM), Critics argue that the courts have become extensions of political powerhouses, handing down decisions influenced more by financial inducements than by justice or equity.

A glaring example is the practice of forum shopping, where litigants strategically seek out courts likely to favor their case.

This undermines the judiciary’s credibility and suggests a system open to manipulation.

The issue is compounded by midnight rulings—those delivered under suspicious circumstances and often outside regular court hours.

Such rulings fuel public distrust and paint the judiciary as an enabler of political machinations.

In 2016, the Economic and Financial Crimes Commission (EFCC) brought forward allegations of bribery against several judges.

While some were acquitted, the reputational damage lingers, leaving many Nigerians skeptical about the integrity of those entrusted to uphold the law.

Delayed justice has become a hallmark of Nigeria’s judicial system.

Many court cases drag on for years, often outliving the tenure of the officeholders or political actors involved.

This not only denies citizens timely justice but also creates room for political interference.

A notable example is the controversy surrounding the 2023 presidential election petition tribunal.

Citizens expressed frustration over the delays and the perceived lack of transparency in handling the case.

When justice is not only delayed but appears biased, it raises serious concerns about the judiciary’s commitment to democracy.

Another issue is the frequent judicial summersaults—cases where courts of the same hierarchy issue contradictory judgments.

This inconsistency creates confusion and further erodes public confidence.

One of the less-discussed but equally damaging practices is the frequent holidays and absenteeism by judges, even during critical periods.

When the judiciary goes on vacation during politically sensitive times, it raises questions about accountability and priorities.

Critics argue that these breaks serve as convenient excuses to delay crucial rulings.

Democracy thrives on timely justice, and when the judiciary fails to deliver, it undermines the rule of law.

This pattern has led to growing public resentment, with many viewing judicial vacations as a tactic to avoid making tough decisions.

The judiciary’s perceived failings have far-reaching consequences for Nigeria’s democratic survival.

The judiciary’s role as the arbiter of justice is central to democracy.

When citizens lose faith in the courts, they often resort to vigilante justice or alternative dispute mechanisms, both of which weaken the rule of law.

When judicial decisions are seen as favoring the politically powerful, it creates an uneven playing field.

This emboldens electoral malpractice and governance failures, pushing Nigeria further away from democratic ideals.

Beyond the political sphere, the judiciary’s credibility affects investor confidence.

A legal system perceived as corrupt or inefficient discourages foreign and domestic investments, stifling economic growth.

The Nigerian Constitution assigns the judiciary a critical role: to interpret laws and ensure justice.

As the guardian of democracy, the judiciary must operate independently, free from political interference and corruption.

In the words of the late Justice Oputa, “The judiciary, if it is to maintain its independence and integrity, must be free of political interference and corruption.

It must not be the handmaid of the executive or the legislature.”

These words resonate deeply today, as the judiciary finds itself entangled in the web of political power plays.

The Nigerian judiciary must rise to the occasion and address the issues undermining its role.

Judges must adhere to the highest standards of integrity and impartiality.

The National Judicial Council (NJC) should adopt a zero-tolerance approach to corruption, with swift disciplinary measures for erring judges.

Court proceedings, especially in politically sensitive cases, should be open to public scrutiny.

Live broadcasts of election tribunals and high-profile cases can help rebuild trust and deter judicial misconduct.

The laws governing election petitions and political cases should be reviewed to ensure faster resolution.

Timelines for election disputes should be strictly enforced to prevent prolonged uncertainty.

Judges need continuous training on ethics, democracy, and human rights.

This ensures they remain well-equipped to handle the evolving challenges of governance and justice in a democratic society.

The judiciary must be open to constructive criticism and implement mechanisms that allow citizens to report grievances or suspected misconduct.

A more accountable judiciary fosters public trust.

Legal professionals have a pivotal role to play in defending Nigeria’s democracy.

Lawyers, judges, and legal scholars must act as watchdogs, exposing corruption and holding both politicians and erring judges accountable.

Organizations like the Nigerian Bar Association (NBA) and civil society groups must champion judicial reform.

By advocating for transparency and integrity, they can help restore the judiciary’s reputation as the defender of democracy.

The judiciary is the cornerstone of democracy, but its current trajectory poses a significant threat to Nigeria’s democratic survival.

The erosion of public trust, the politicization of justice, and the economic repercussions of a compromised judiciary demand urgent action.

History will not judge the judiciary by its promises but by its actions.

It is time for Nigerian judges to reclaim their integrity and restore faith in the legal system.

Democracy dies in darkness, and the judiciary must hold the torch that guides the nation forward.

As Justice Oputa once said, “Justice is indivisible.

It cannot be selective.

It cannot be compromised.

It cannot be silenced.”

Let this be the clarion call that propels Nigeria’s judiciary into a new era of accountability and integrity.

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