The Nigerian system: A call for reform in the judiciary, National Assembly, and security sgencies

The Federal Republic of Nigeria stands at a crucial juncture in its democratic journey, with persistent challenges that threaten its constitutional framework and the rule of law.

The judiciary, the National Assembly (NASS), and various security agencies hold pivotal roles in safeguarding democracy, upholding the constitution, and ensuring law and order.

However, their current operations and interactions raise significant concerns about their effectiveness in fulfilling these responsibilities.

The Role of the JudiciaryThe judiciary in Nigeria is tasked with interpreting the law, ensuring justice, and protecting the rights of citizens as enshrined in the 1999 Constitution of the Federal Republic of Nigeria. Section 6(6)(b) establishes the judiciary’s authority to adjudicate disputes and enforce rights.

Unfortunately, the judiciary faces challenges such as corruption, backlog of cases, and perceived lack of independence, undermining public confidence.

Necessary Changes:Judicial Independence: To enhance the judiciary’s credibility, reforms must be implemented to insulate it from political interference.

This includes transparent appointment processes for judges and appropriate funding that does not depend on executive discretion.

Efficiency in Case Management: The introduction of technology in case management can help reduce the backlog of cases. Courts should adopt electronic filing systems and virtual hearings to streamline processes.

Legal Education and Ethics: Continuous training in legal ethics and emerging legal challenges should be mandated for judges and lawyers to uphold the integrity of the legal profession.

The Role of the National Assembly

The National Assembly is responsible for making laws, overseeing the executive, and representing the interests of the people. Sections 4 and 5 of the Constitution delineate its powers and responsibilities.

However, the assembly’s effectiveness has often been hampered by political infighting, a lack of accountability, and the failure to prioritize the public interest.

Necessary Changes:

Strengthening Oversight Functions:

The NASS should enhance its oversight capabilities over executive actions and security agencies. This can be achieved through regular hearings, investigative committees, and accountability mechanisms to ensure compliance with the law.

Legislating for the Common Good:

The assembly must prioritize legislation that addresses critical issues such as security, health, and education, while also ensuring that existing laws are effectively enforced.

Public Engagement: Increasing public participation in the legislative process through town hall meetings and public hearings can improve transparency and accountability, making representatives more responsive to their constituents.

The Role of Security AgenciesSecurity agencies, including the Nigeria Police Force, the Nigerian Army, and the Department of State Services (DSS), are crucial for maintaining law and order.

Their roles are outlined in various statutes, including the Police Act 2020 and the National Security Agencies Act. However, issues of human rights abuses, corruption, and politicization undermine their legitimacy.

Necessary Changes:

Human Rights Training:

Security personnel should undergo comprehensive training on human rights and community policing to foster trust between the agencies and the communities they serve.

Accountability Mechanisms:

Establishing independent bodies to investigate complaints against security agencies can enhance accountability and public confidence in their operations.

Community Engagement: Security agencies should adopt a more community-oriented approach, involving citizens in crime prevention and reporting suspicious activities.

Consequences of Failing to Act Rightly

The failure of the judiciary, the NASS, and security agencies to fulfill their constitutional duties can lead to severe consequences, including:

Erosion of Trust: A lack of confidence in these institutions can lead to widespread disillusionment, prompting citizens to seek alternative means of justice and security.Breakdown of Law and Order: If the rule of law is not upheld, it can result in increased crime, civil unrest, and a general breakdown of societal order, further destabilizing the nation.

Undermining Democracy: The failure to act within the bounds of the constitution can lead to authoritarianism, where the rights of citizens are trampled, and democratic values are abandoned.

Conclusion:

For Nigeria to progress toward a stable and prosperous future, the judiciary, National Assembly, and security agencies must undergo significant reforms to fulfill their constitutional responsibilities.

Upholding the rule of law, protecting citizens’ rights, and fostering trust in these institutions are imperative for ensuring the continued existence of democracy in Nigeria. As enshrined in the constitution, all actors must recognize their roles in preserving the integrity of the nation and the welfare of its citizens.

Without these necessary changes, the nation risks descending further into chaos, with law and order hanging by a thread.

COPDEM National Media Committee

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