Nigeria's Judiciary on The Cross

The scales of justice in Nigeria are currently wobbling, threatening to topple the very foundations of democracy. The judiciary, entrusted with upholding the rule of law, is facing unprecedented challenges from within and outside of the system.

From brazen attacks on judges to blatant disregard for court orders, the judiciary's integrity is under siege. Beset by allegations of corruption, political interference, and inefficiency, the third arm of government is struggling to maintain its independence and credibility amid allegations of gross miscarriage of justice and inefficiency.

Former President Goodluck Jonathan took the latest and loudest dig on the judiciary during a book launch to mark the 67th birthday celebration of Mike Ozheokome where he blamed the Judiciary for the perennial crisis rocking the People’s Democratic Party (PDP).

He pointed out that some judgments by the Judiciary run against the natural flow of events and, in the process create troubles that threaten the nation’s democracy. The former president referred to a judgment on the suspension and expulsion of a PDP National Chairman and called on the Supreme Court to review it. He urged lawyers and judges to be circumspect in their professional practices in view of their impacts on the country and its democracy.

Jonathan said: “The way things are going in this country, especially listening to the judgments being given regarding political cases, we are beginning to see that democracy in Nigeria is like a cone that is being turned upside down.

 “And if a cone is turned upside down, it cannot be stable and at the slightest perturbation, it will fall. I know that lawyers enjoy because after elections there is always an avalanche of litigation. It is usually like Christmas season for lawyers.

“There is a particular judgment that has been haunting me and I need to mention that, luckily, I am not a lawyer, I am saying that from a layman’s view, it (the judgment) simply turned the cone upside down and if the courts don’t look back into this case, it will create so much instability in the political system that it would affect all of us.

“Those who would have succeeded, their victory song will not last long, because we will all be victims. Where the court says a Ward chairman can expel a national chairman of a political party is worrisome. This is not in line with natural justice.

 The law is to control human behaviour and human behaviour must follow how God created systems,” He stressed.

Rivers State has been experiencing a whirlwind of court judgments and rulings, with some sparking major conflicts that have brought the state to a precarious edge. The situation is complex, with multiple cases and appeals flooding the courts.

Frustrated with the flood of conflicting court judgments, Rivers State Governor, Siminalayi Fubara, sounded a warning at the 2024/2025 Legal Year re-dedication service in Port Harcourt and urged judges and lawyers to resist compromise and ensure consistent rulings.

“Some of you say you are legal luminaries. You know the truth, but you will go on air just to pacify your paymasters to turn the law upside down.

“We all know the law when it comes to issues that have to do with the administration of governance in the state; it is within the jurisdiction of the state high court.

“It doesn’t matter whether you joined INEC or the police. It is a state matter. I am not a lawyer, but I know that if you say

 you are doing the right thing? God will judge you.” he said.

The governor said, unarguably, the judiciary is a sacred temple of justice and should always hold up such assurances for everybody that approaches it, and not the other way around.

Allegations of corruption within the judiciary did not start today. In his onslaught against corruption in the country, Former President Muhammadu Buhari went all out against some judges and even the Former Chief Justice of Nigeria, Walter Onoghen for allegedly stalling prosecution of corrupt politicians.

A Senior Advocate of Nigeria, Mr Femi Falana, lamented the corruption in the judiciary, calling for reforms to redeem the image of the third arm of government.

Falana also urged the media and civil society organisations to investigate and monitor the appointment of top judges in the country.

The human rights lawyer, who compared Nigeria’s judiciary to those of developed countries, said some corrupt lawyers were exploiting the system to frustrate cases against public officials.

He said, “If you steal money in China, it is public execution. Nigeria is the only country where you hire drummers and people wear aso ebi to court premises. There is nothing more contemptuous because you are challenging the state for charging you to court. Here, out of the money you have stolen, you get a bad lawyer who will adopt all manner of delay tactics to get the state frustrated from prosecuting you.”

Nigeria's judiciary is at a breaking point due to the cumulative effect of corruption, executive interference, and inadequate resources threatening to undermine the very foundations of democracy. Urgent reforms are needed to restore the judiciary's independence, enhance its capacity, and ensure accountability. The time for action is now – Nigeria's future depends on it.