The Judiciary and Survival of Nigeria’s Democracy

By Marshall Odede

“The judiciary is the guardian of the constitution, the beacon of justice, and the defender of democracy. When it falters, a nation trembles.”

Since Nigeria’s return to democracy in 1999, the judiciary has faced numerous trials and tribulations.

This has brought into question its independence, integrity, and its role as the last hope for the common man.

From questionable rulings to outright judicial summersaults, the pattern has been consistent.

This brings democracy under siege, and the judiciary seems complicit, whether through action or inaction.

This article is a clarion call to the judiciary and all legal luminaries in Nigeria.

It is important to reflect on their constitutional responsibilities and the trust reposed in them by millions of Nigerians.

The Nigerian judiciary has often been described as the last hope of the common man.

However, recent trends paint a grim picture:

1. Judgments Tainted by Corruption:
It has become alarmingly common for court decisions to appear motivated by political patronage rather than the rule of law.

Instances of forum shopping (where litigants choose a court likely to favor them) and midnight rulings raise serious concerns.

Case Reference: In 2016, the Economic and Financial Crimes Commission (EFCC) accused several judges of accepting bribes, leading to widespread public outcry.

Although some judges were acquitted, the reputational damage lingers.

2. Delayed Justice:
The saying “justice delayed is justice denied” rings true in Nigeria, where court cases drag on for years, only to end in contentious rulings.

The judiciary has failed to expedite election petitions and politically sensitive cases, leading to suspicion of deliberate delays.

Example: The controversy surrounding the 2023 presidential election petition tribunal underscored concerns about timelines and transparency.

Citizens expressed discontent over perceived judicial bias in handling the case.

3. Judicial Holidays and Absenteeism:
The trend of judges going on leave or vacation during critical periods undermines trust in the judiciary.

Citizens view it as a tactic to avoid accountability or delay crucial decisions.

Impact on Nigeria’s Democracy

1. Erosion of Public Trust:
When citizens lose faith in the judiciary, they turn to alternative forms of justice, often leading to lawlessness.

This weakens the democratic fabric of the nation.

2. Politicization of Justice:
Judicial decisions favoring the politically powerful create an uneven playing field, enabling electoral malpractices and governance failures.

3. Economic Consequences:
Investor confidence dwindles in an environment where contracts and laws can be undermined by questionable rulings.

The Judiciary’s Constitutional Role

The Nigerian Constitution vests significant powers in the judiciary to interpret laws and ensure justice.

As the guardian of democracy, the judiciary must rise above the fray to defend the principles of equity, fairness, and the rule of law.

Legal luminaries and judges must embrace these principles with renewed vigor.

Landmark Quote: “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.” – Justice Oputa (1995).

The Way Forward: Reclaiming Judicial Integrity

1. Strict Enforcement of Judicial Ethics:
Judges must adhere to the highest standards of integrity.

Any form of corruption or bias should be met with swift disciplinary action by the National Judicial Council (NJC).

2. Transparency in Judicial Processes:
Court proceedings, particularly in politically sensitive cases, should be made more transparent to the public to rebuild trust.

3. Legal Reforms:
Laws governing election petitions and political cases should be reviewed to mandate faster resolution timelines.

4. Capacity Building:
Continuous training for judges on ethics, democracy, and human rights is essential.

5. Public Accountability:
The judiciary must be open to constructive criticism and ensure mechanisms for accountability are accessible to the public.

A Call to Legal Luminaries

This is a moment of reckoning for all legal professionals.

Lawyers and jurists must act as watchdogs for democracy, holding erring judges and politicians accountable.

Bar associations, civil society organizations, and legal scholars must champion the cause of judicial reform.

Conclusion

The last hope must not fail. The judiciary must not forget its role as the cornerstone of democracy.

The survival of Nigeria’s democratic experiment depends on the courage and integrity of our judges and legal practitioners.

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

It is time to restore the judiciary’s place as the protector of democracy and the voice of justice for all Nigerians.

Let every judge, every lawyer, and every citizen remember: democracy dies in darkness, and the judiciary holds the torch.

“Justice is indivisible. It cannot be selective. It cannot be compromised. It cannot be silenced.”

References

1. Constitution of the Federal Republic of Nigeria (1999)

2. National Judicial Council (NJC) guidelines on judicial conduct

3. EFCC corruption allegations against judges (2016)

4. Presidential Election Tribunal Ruling (2023)

Marshall Odede, Secretary, COPDEM National Political Committee

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