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April 17, 2025

Commonwealth Law Conference 2025: Judicial Independence as the Cornerstone of Democracy and Economic Growth

Somadina Okorie

By Somadina Eugene Okorie, Esq.

The 2025 Commonwealth Law Conference (CLC), held in Malta from April 6–10, in my experience as a delegate this year, was more than just an assembly of legal professionals—it was a critical forum for addressing the erosion of judicial trust, the threats to the rule of law, and the intersection between legal stability and economic prosperity.

Hosted at the Hilton Portomaso in St. Julian’s, this year’s conference was particularly significant, not only for its rich agenda but also for its symbolic choice of Malta—a country that has successfully balanced judicial independence with economic resilience.

During my introspection as a practising attorney from and in Nigeria—a country where public confidence in the judiciary is at an all-time low—the discussions at CLC 2025 served as a timely reminder that a strong, impartial judiciary is not just a legal necessity but an economic imperative.

I must begin by commending the organisers for the deliberate and strategic choice of Malta as host. Malta has long stood out within the Commonwealth as a model of judicial integrity, with a legal system that not only upholds the rule of law but also fosters a business-friendly environment. Unlike many developing Commonwealth nations where judicial decisions are often met with skepticism, Malta’s courts are respected for their fairness and efficiency. This legal reputation has significantly contributed to Malta’s emergence as a global financial and investment hub.

This is a vital lesson that Nigeria must take seriously. When judges are perceived as independent and incorruptible, foreign investors are more likely to commit capital, businesses operate with greater certainty, and exponential economic growth often follows. On the other hand, when the judiciary is seen as compromised or inefficient, investment is discouraged and financial development is stifled.

Nigeria’s representation at the conference was commendable, including some of our most influential legal minds such as Afam Osigwe (SAN), President of the Nigerian Bar Association (NBA), Chief Adegboyega Awomolo, Chairman of the NBA Body of Benchers, Yakubu Chonoko Maikyau SAN, immediate past NBA President, and Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC), among other distinguished attorneys.

In his keynote address, incoming Commonwealth Lawyers Association (CLA) President Steven Thiru emphasised that “an independent judiciary is the lifeblood of democracy.” His message strongly resonated with Nigeria’s ongoing struggle with judicial delays, conflicting judgments, and public mistrust.

While I was impressed with the substantial turnout of Nigerian delegates, which underscores the country’s engagement with global legal best practices, I must urge the delegation to return home more committed than ever to reforming our legal and law enforcement institutions. We must build frameworks that restore public trust in our justice system.

A major focus of the conference was judicial delays and the alarming backlog of cases. This issue is a well-known crisis in Nigeria, where court cases often drag on for years or even decades. Such inefficiencies undermine public confidence and encourage a culture of impunity. Investors are deterred from jurisdictions where contract enforcement and dispute resolution are unpredictable. Corruption festers when justice is indefinitely delayed.

To address this, we must prioritise increased funding for the judiciary, implement digital case management systems, and enforce stricter timelines for judgments. These reforms have yielded positive results in countries like Malta and Singapore.

Another significant topic was the fight against transnational organised crime, an area highly relevant to Nigeria. The EFCC’s efforts to combat money laundering, cybercrime, and illicit financial flows are often hampered by weak judicial processes and political interference. Stronger international cooperation is essential for tracing and recovering stolen assets. Judges handling high-profile corruption cases must be insulated from political influence, and effective whistleblower protections must be enacted. The EFCC Chairman’s participation in these discussions indicates an awareness of these issues, but meaningful progress will require judicial courage in delivering convictions without fear or favour.

The potential role of artificial intelligence in restoring public trust in the judiciary also featured prominently. Discussions on the use of AI in justice delivery highlighted its potential to reduce case backlogs, minimise human bias, and enhance transparency.

For Nigeria, this represents a game-changing opportunity. AI-assisted legal research could significantly speed up judgments. Blockchain could help secure court records against tampering, and virtual court sittings could bring justice closer to rural populations. However, as noted by several speakers, technology alone cannot repair a broken judicial system. Reforms must be grounded in judicial integrity and political commitment.

The panel on media freedom and judicial accountability struck a particular chord given Nigeria’s challenges in protecting press freedom. In a democracy, a free press is essential for holding both judges and politicians accountable. When courts are used to suppress dissent or punish investigative journalists, public trust erodes even further. Cases involving media outlets like Sahara Reporters and Premium Times are recent reminders of the tension between the judiciary and independent journalism. A truly independent judiciary should protect, not suppress, freedom of expression.

One key takeaway from the CLC 2025 is the undeniable link between Nigeria’s economic future and the independence of its judiciary. Judges must resist political pressure and end the culture of contradictory judgments, especially in election-related cases. The crisis of case backlogs must be urgently addressed with technology and renewed judicial discipline. Corruption in the judiciary must be confronted decisively by the National Judicial Council (NJC), and media freedom must be fiercely protected by the bench, not undermined.

Malta’s example illustrates how a credible, efficient, and independent judiciary can drive investment, ensure political stability, and fortify democratic institutions. Nigeria must heed this lesson before the opportunity slips away.

In conclusion, as Afam Osigwe (SAN) and other Nigerian delegates return from Malta, the challenge is unmistakable: will Nigeria’s judiciary rise to meet the demands of a rapidly changing society and global economy? The Commonwealth Law Conference 2025 was more than a professional gathering; it was a mirror that reflected both the flaws and the unrealised potential of Nigeria’s legal system.

Whether our leaders—on the bench and in government—will take meaningful steps remains to be seen. One truth, however, is beyond dispute: a bold, transparent, and independent judiciary is not a luxury for Nigeria. It is the cornerstone of its democracy—and the key to unlocking its economic future.

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