•Suggest ways to save it, regret it’s failing our democracy

By Dayo Johnson, Regional Editor, South West; Samuel Oyadongha; Rotimi Ojomoyela; Egufe Yafuborghi; Peter Duru; Jimitota Onoyume; Chioma Onuegbu; Steve Oko; Ochuko Akuopha; Ozioruva Aliu; Emma Una; Laolu Elijah; James Ogunnaike; Deola Badru & Ibrahim Hassan-Wuyo

Vanguard columnist, Dr Ugoji Egbujo, in his column November 23, 2024 went down memory lane of how election rigging set the western region on fire soon after independence, bringing down the first republic. The crisis, he argued, wasn’t just frustration and impatience but also a rejection of the courts. According to him, “in the fourth republic, politics degenerated precipitously into a lucrative business, and people started stealing elections. But now, those who steal elections mock their bruised victims telling them to go to court”. He concluded his piece by saying “the fourth republic is on the precipice”.

Similarly, Simon Kolawole, Publisher of TheCable, an online publication, in his opinion piece two weeks ago titled: “Another Election, Another Headache” said; “We have created a culture of elections by court injunctions. Nigeria has descended into a state where a judge can even grant an injunction to stop the police from providing security for an election simply because an opponent complained that the state budget was not properly passed! Judges now determine who should be party chairman and secretary, who should be the resident electoral commissioner (REC), who should be a party’s candidate and who should be declared the winner. If this trend continues, we may not need to vote again. We will just sit at home and wait for the courts to pick candidates, allocate votes and announce winners. We are inching towards that every day”.

Desperate politicians want to win at all cost. They rig elections and tell victims to go to court because they know one cannot get justice from the judiciary. If they knew our judiciary was clean they would not be rigging and telling people to go to court. Concerned Nigerians readily point to a number of court judgments especially on election matters in support of their belief that justice is now for the highest bidder.

The former Senate President, Ahmad Lawan, on May 12 2022 withdrew from the Yobe North Senatorial District election to enable him contest the All Progressives Congress, APC, presidential ticket. Bashir Machina went ahead to win the primary election and became the party’s candidate for Yobe North. However, when Lawan lost the party’s presidential ticket to Asiwaju Bola Tinubu on June 8 2022, he attempted to get Machina relinquish the senatorial ticket for him having lost at the national level but Machina refused and Lawan went to court. Both the Federal High Court, in Yobe and the Court of Appeal, Abuja in November 2022 affirmed Machina as the APC’s valid candidate. But while Lawan decided not to pursue the case further at the Supreme Court, his party, the APC, took it up to challenge Machina’s nomination. The apex court, on February 6 2023, in a split judgment of 3 against 2 declared Lawan as the APC’s senatorial candidate for Yobe North for the February 25 2023 general election. The majority judgment of the Supreme Court held that Mr Machina ought to have commenced his suit by a Writ of Summons going by the allegations of fraud levelled against APC in transmitting Lawan’s name to the Independent National Electoral Commission, INEC. This judgment shocked many people.

The Supreme Court took the same route in the Senate President, Godswill Akpabio’s case which was similar to that of Lawan. While Senator Akpabio was contesting the APC presidential ticket, retired Deputy Inspector General of Police, Mr Udom Ekpoudom had already secured the party’s senatorial ticket for Akwa Ibom North-West in the party’s primary conducted on May 27 2022 which was monitored by INEC. But when Akpabio lost the presidential primary election on June 8 2022, the APC the following day, June 9 2022 held another primary election for the Akwa Ibom North-West senatorial district that purportedly produced Akpabio as candidate. Both the Federal High Court and the Court of Appeal refused to affirm Akpabio and ordered INEC to recognize Udom Ekpoudom as the authentic candidate of the party. Akpabio then proceeded to the Supreme Court and the apex court, in a unanimous judgment of its five-member panel led by Justice Kudirat Kekere-Ekun held that both the Federal High Court and the Court of Appeal were wrong to have assumed jurisdiction in the suit because the issue of candidate nomination lies squarely with the political parties.

The Supreme Court therefore, on January 20 2023 declared Godswill Akpabio as the validly nominated APC candidate for Akwa Ibom North-West senatorial district.

There are a plethora of conflicting court judgments across the country particularly involving the State High Courts and the Federal High Court. An aggrieved party which lost at the state high court but has the backing of influential politicians at the federal level would proceed to the Federal High Court which has concurrent jurisdiction with the state high court to obtain a favourable order. This scenario was why we now have two Emirs of Kano. The judiciary is no longer seen as the last hope of the common man.
During the military era, the judiciary faced tough challenges but it respected the rule of law, and the judges displayed uncommon courage as they protected the rights of the citizens and dispensed justice than what is happening now that judgements are easily bought and justice denied.

Nigerians are worried about this situation. They examined the problems with the judiciary and proffered solutions on how to tackle it.

Judiciary demonstrated remarkable courage during the military period —Aborisade

A human rights activist and lawyer, Barr. Femi Aborisade said that “The contrasting performance of the Nigerian judiciary during the military era compared to the current civilian government is particularly striking. During the military period, the judiciary demonstrated remarkable courage and independence, often taking bold stances against the government’s authoritarian practices. Judges issued rulings that protected individual rights and challenged military decrees, which fostered a sense of public trust and support. This environment not only reinforced the judiciary’s role as a defender of justice but also positioned it as a vital counterbalance to the oppressive military regime.

In stark contrast, the current and recent past civilian governments have seen significant challenges that have undermined the judiciary’s effectiveness. Political interference has become a pervasive issue, with the executive branch exerting pressure on judges and court decisions. This has led to a perception that the judiciary is not truly independent and that rulings may be influenced by political considerations rather than legal principles. Additionally, corruption within the judiciary has eroded public confidence, as reports of bribery and unethical practices suggest that justice can be bought, further alienating citizens from the legal system. To restore confidence in the judiciary, it is essential to undertake comprehensive reforms aimed at strengthening its independence.

This includes establishing mechanisms that insulate the judiciary from political influence, such as independent judicial appointment and oversight bodies. Enhancing transparency in judicial processes is crucial, as it can help rebuild trust among the populace. Holding judges accountable for misconduct and implementing strict ethical guidelines are vital steps toward ensuring integrity within the judicial system. Investing in training and capacity building for judges and court personnel is also necessary. This training should encompass legal education as well as ethical conduct and management skills to improve overall efficiency.

Judges of the military era were solid characters —Fadaka

A Public analyst, Hon Ayo Fadaka, said that “Only an independent and decisive judiciary can save Nigeria, our nation is in tatters, standards keep falling and integrity content in an average citizen keeps dwindling. The degeneracy that confronts our nation is serious, our society from which judges are appointed is indeed assailed as people no longer care about integrity and honor, it is time for a wake up call in the interest of our dear nation.

The judges of the military era were solid characters that evolved from a background of absolute conservative upbringing, they took their briefs seriously and did realise they had a societal commitment. The military administrations too never sought to persuade judges to bend their ways in administering justice. We do remember, of course, that the military were enacting decrees that had ouster clauses that stopped the courts from adjudication on particular matters. However we need a virile and independent judiciary that will not be an appendage of the executive, a judiciary that will be fair and firm in the administration of justice. If that is lacking, one day soon, self help will thrive and anarchy will reign.

Judiciary must undergo reforms —Prof Okaba

Prof Benjamin Okaba, a university don and President of Ijaw National Congress (INC) worldwide said: “Historically, the judiciary demonstrated remarkable independence during the military era, fearlessly challenging government decisions. However, under the current democratic government, the judiciary’s independence has been eroded. The government’s influence has blurred the lines between its interests and those of the people, leading to widespread disillusionment. To restore public trust, the judiciary must undergo significant reforms: Establish clear independence, ensure the judiciary operates freely, without external influence. Foster transparency and accountability, implement open decision-making processes and hold judges accountable for their actions, and ensure all citizens have equal access to justice, regardless of social or economic status. Provide regular training and capacity-building programs for judges, rebuild public trust and engage with the public and promote confidence in the judicial system. By implementing these reforms, Nigeria’s judiciary can reclaim its reputation as a beacon of hope to hopelessness, equity, and justice.”

The military were more disciplined than these politicians —Adeniran

Oyo State based legal practitioner, Mr Taiwo Adediran in his reaction said, “The judiciary appeared to be more vibrant and alive during military era because the military were more disciplined than the present crop of reckless politicians that we have now and there were less interference by the military in the affairs of the judiciary then. Also, the process for selection and appointments of judges during the military era was very thorough and meritorious then. And even then the punishment and discipline of erring judges appeared thorough and no erring judge would go free without being punished. Those that were appointed as judges then were committed to their job, but nowadays we have many lazy judges on the bench; Appointment to the bench now is who you know and most times these influential people are politicians, hence he who pays the piper dictates the tune. The NJC which is supposed to be apolitical is more political nowadays; lawyers too contributed to these problems as some of them want to win their cases at all costs thereby engaging in unwholesome practices”.

Process of appointment of judicial officers should be more merit-based —Balogun

According to a legal practitioner, Moruff Balogun, “The judicial officers are Nigerians before becoming judges. They are products of a corrupt Nigerian factor, and one would not expect any fantastic miracle to occur from a corrupt system except in a few cases. The recent revelations from the National Judicial Council (NJC) bordering on judicial corruption, age falsifications among judges, abuse of judicial power, among others are even enough to completely erode the little confidence the people of Nigeria have in the judiciary.

In my opinion, to draw a dichotomy between judicial performance under the military administration and that of the civilian regime is a mere academic exercise. Corruption is as old as prostitution. It is therefore my humble recommendation that the process of appointment of judicial officers should be more merit-based and made public, their welfare should be honestly taken into proper consideration, and they should be well secured. They should be allowed to work in conducive atmospheres with the state of the art facilities.

We need different courts for different cases —Rotimi

According to Mr. Niyi Rotimi, Head of Human Rights, Justice, Development and Peace, Abeokuta,
“For the judiciary to perform better, we need to have different courts for different cases. There should be a court to handle corruption cases, a court for election matters and election petitions, a court for criminal cases, a court for industrial dispute and civil cases, and multi door courts.

Interference from executive, legislature compromises judicial independence —Ogunsuyi

Lanre Ogunsuyi, a public analyst, argued that “Under democratic governments, there is an increase in litigation which overwhelms the judiciary that faces constant interference from the executive and legislative arms. And this compromises its independence, making the judiciary vulnerable to corruption, political influence, and bias. They were more vibrant during the military era because the military has a culture of clear hierarchy and chain of command so the issue of conflicting judgements in courts of concurrent jurisdiction were rare, there were fewer cases and less workload for judges .

To revamp the judiciary, Nigerians must encourage transparency, accountability and integrity. We must also increase access to justice through legal aid programs, alternative dispute resolution mechanisms, and court-annexed mediation and educate the citizens for more participation in the judicial process the way they are interested in the political process”, he said.

Revisit appointment of judges to save judiciary —Nnaji

A Lagos -based lawyer and public affairs analyst, Chief Chima Nnaji, said: “The judiciary under the military had judges known as judicial activists. Their boldness and courage enabled them to affront various military decrees that tended to curtail fundamental rights of citizens. Then, we had judges like Justices Kayode Eso, Chukwudifu Oputa, Nicky Tobi, etc. They could not have achieved much if they were not competent. Competence imbues confidence.

But today we have judicial officers that lack the courage and activism required. The way they are appointed makes them pander more to politically exposed persons that influenced their appointments. Time was when judicial officers were not in public mingling around in social events. In Lagos, during the military era, the Chief Judge turned down an invitation by the military governor to attend a social event where the state was going to receive a visiting Head of State. He wanted to preserve the independence of the judiciary.

The way judges emerge makes it difficult for the right persons to be on the bench. Today, you can see pronouncements and court orders flying up and down, even when the court has no jurisdiction, they dabble into it and dare you to go on appeal. So, I think the way out is to revisit the appointment of judges. NJC should be re-jigged. Judicial officers who are straight forward should be appointed. We have seen how judges were messed up. The recent clean bill of health given to former CJN, Onnoghen who was harassed by former President Buhari, shows that judges should not be afraid when they are clean”.

Radical moral transformation of our judicial system is required —Bishop Onuoha

Contributing, the Co-chair, Interfaith Dialogue Forum for Peace, Bishop Sunday Onuoha, noted with regret that Nigeria’s judicial system had been compromised. He said that the lack of confidence in Nigeria’s judiciary system was scaring investors from the country. According to him, “it is very unfortunate that our judicial system has been compromised. In some instances politicians are no longer afraid. They will commit all kinds of electoral offenses and ask you to go to court. A system whereby an average Nigerian does not have confidence in the judiciary is a serious concern. An investor will be skeptical to invest in Nigeria if he/she does not have confidence in the judiciary. A corrupt judge is more dangerous than an armed robber. Nigeria is doomed unless there is a radical moral transformation of our judicial system.”

Judicial officers must see themselves as representatives of God — Owie

Former Chief Whip of the Senate, Sir Roland Owie said: “The judiciary as a body in Nigeria has not been stable and honest from day one but within the judiciary, there are credible judicial officers who stand by their names and family calling by maintaining their integrity. The government would always want to compromise the judges but there are good ones among them who still resist such kinds of things. So, all we need to do is to appeal to our judicial officers to know that this world is vanity, that whatever they acquire from these illegalities that have turned the judiciary that is supposed to be the last hope of the common man into something else, will not follow them to the grave. As judicial officers, they should know that their judicial duties are God’s duties. They should know that of all the arms of government, it is the judiciary that is representing God because God cannot come down to deliver judgment.”

Some judicial officers are now play toys of politicians —Ambakederimo

Elder Joseph Ambakederimo said: “Sorry to say we have come this low with the judiciary, we are at the very last rung of the ladder and it portends danger for our country.
If we do not reverse this ugly trend then anarchy is looming and the day of Armageddon is near. In other climes it is the judiciary that is the final arbiter just like what the rudder is to a ship. But unfortunately, the Nigerian judiciary has become an enabler to muddle up the waters and it is a misnomer in any decent society.

The performance of the Nigeria judiciary helped to destroy the country in terms of economic growth, foreign direct investments limitation, lack of trust for our laws by foreign investors and a whole lot of other disincentives to the country. In a situation where you see judges attending children’s birthdays, child dedication and all sorts of social functions it becomes a cause for worry. The crop of justices we had in the military era are no more, what we have now are judicial officers who are more like rock stars rather than living austere lives.

To turn the tide around would be an uphill task because judicial officers have become play toys in the hands of the politicians; it is hard to restrain oneself from mouth watering offers made to them by politicians and top business men. We are in for a long haul.”

Judicial officers are product of our society —Clarkson

For Amaebi Clarkson, a minority rights activist, he said, “The judicial arm is a reflection of the general decadence in our society. Unarguably, judicial officers of old were more fearless and objective in the discharge of their judicial duties than the present crop of judicial officers. This of course is not a general indictment to all judicial officers. But comparatively, people had more confidence in the judiciary of old. The reasons are clear; appointments of judicial officers were not blatantly influenced by the politicians. They lived a sober and conservative lifestyle. These days, most judicial officers’ appointments are influenced by politically exposed persons, so they are vulnerable to do their bidding.

Politicians dole out very luring overtures and gestures including flamboyant estates and cars as gifts to judicial officers. It’s natural that your benefactor would have some level of influence on your decision, particularly politically related cases. Granted that we had men of unquestionable integrity as judicial officers in that glorious era, we should also note that they didn’t have the enormous societal pressure as it is these days. For instance, most judges would prefer to have their wards attend school overseas for quality education and security reasons. They solicit for scholarships or financial assistance from the executive. The judicial officers are a product of our society and until we cure the social malaise in the larger society, the judiciary being the last hope of the common will remain a charade.”

Lack of confidence in the judiciary due to corruption, politicisation —Morris

Alagoa Morris, former chairman Civil Liberties Organisation in Bayelsa said: “To be fair to the judiciary, almost every aspect of our society has suffered degradation including religious bodies, educational institutions from secondary to tertiary, civil service in general and media practitioners are not exempted too. The military was more disciplined and responsive. In the 1970s and 80s, there were no Civil Society groups the way we have come to see since the 1990s.

There were no ethnic related pressure groups too in the 1970s and 80s. There are fundamental issues that need to be confronted head-on by Nigerians at a round table. The health of the society should be addressed. Unless this is done, even the few good professionals left in the different walks of life would bow to corruption. We once read about the incorruptible Judge. There may still be some, but sadly there is a seeming lack of confidence in the judiciary as a result of corruption and politicisation of the judiciary.”

We still have brilliant, upright judges but…Obono-Obla

Obol Okoi Obono-Obla, a senior lawyer and former Special Assistant to former President Muhammadu Buhari on Anti Corrupt Practices, said: “I practiced law during the heydays of military dictatorship in Nigeria between 1992 and 1999, and I experienced firsthand the type of judges we had during that period in Cross River State. The judges that we had then were mostly judges that were appointed in the 1970s and the 1980s, and a great number of judges in the High Court of Cross River State had studied law in England during the colonial and post colonial periods. They were very good, courageous, and principled. However, there were some that were pliant, timid and pro-government of the day.

These historical, democratic, and sociological experiences would have played a big role in what we have now. The present crop of judges are not bad. I couldn’t condemn anybody with a generalized and blanket statement. We still have brilliant, intelligent, and upright judges, but they operate in an era of social media and artificial intelligence where access to information is not restricted and available to everybody. The development of information communication technology, democracy, and free access to information has put severe pressure on judges, exposing them to smear campaigns and blackmail from a society fully exposed to the vagaries of politics. Anybody who resists pressure from political actors that call the shots can easily be blackmailed”.

We should go back to the basics —Emiaso

Speaking in the same vein, Retired President of the Delta State Area Customary court, Miakpor Emiaso, said: “The judiciary under the military was bolder because the quality of education that those judges got was a lot higher than the kind of education that subsequent judges are exposed to. Over the years, the education system in Nigeria has continued to deteriorate and this is now telling on the wider society because the quality of graduates that we are turning out in our universities is not anything comparable to the quality of graduates that were turned out in the 1960s, 1970s and 1980s.

The process, the method of getting people appointed to the Nigerian bench is highly suspect and questionable. A system that appoints someone to the bench, based on who he knows, how much connection he has and not necessarily because he is sufficiently knowledgeable, intelligent and credible in his personal character, you won’t get the kind of judiciary you deserve. The way to solve Nigeria’s problems is to go back to the basics; go back to the primary and secondary schools because everybody here is already corrupt. Let’s go back to the primary schools, and bring up these children whose minds are still highly impressionable and teach them those values of life, to know the difference between integrity and dishonesty.”

Civilians contribute to non-performance of Nigeria Judiciary —Akpan

In his submission, a human rights activist, and executive director of Comppart foundation for Justice and Peace Building, Mr. Saviour Akpan asserted: “The problem is that in Nigeria all of us are accomplices in corruption within the justice and security sector because of the way and manner we approach our courts.

When you talk about the judiciary giving more courageous judgment against the military than under the democratic government, it is because we approach the courts with the intent of using it as a tool for personal vendetta. It is the same civilians that make the judiciary not to perform better by promulgating/enacting laws that do not sustain or guarantee the expected independence of the judiciary.

So our judges are corrupt because all Nigerians are corrupt. We should not forget the fact that ‘he who pays the piper dictates the tune’. How do you expect a judge whose salary is dependent on the executive to now go and give judgment against the executive when he/she has no alternative means of livelihood? How do you expect the judiciary to be independent when the appointment, promotion and discipline of judges are in the hands of the executive? How would you expect a judge not to be corrupt when many courts don’t have a common generator let alone solar panels to power the fans in the courtroom? The independence of the judiciary should not be compromised”.

Judicial independence should be strengthened —Shettima

According to the President General of the Arewa Youth Consultative Forum (AYCF),Alhaji Yerima Shettima: “The Nigerian judiciary has traversed a complex landscape, marked by periods of both vibrancy and decline.

The courage displayed by judicial officers during the military era serves as a poignant reminder of the judiciary’s potential to uphold justice in the face of adversity. However, the current challenges facing the judiciary under civilian governance necessitate urgent and concerted efforts to restore public confidence. By strengthening judicial independence, combating corruption, enhancing efficiency, engaging the public, reforming legal frameworks, and fostering international collaboration, Nigeria can revitalize its judiciary as the last hope of the common man.

Judiciary must be incorruptible and independent ———Sheikh Maraya

A former Special Adviser on Islamic Matters to the Kaduna State Government and renowned Muslim scholar,Sheikh Haliru Maraya, said: “Arguably, Nigeria’s judiciary was more vibrant and alive during the military era than during the democratic period.

This is attributable to the fact that it was less corrupt and surprisingly more independent during the time of the military dictatorship. During the military, the appointment and removal of judges were done appropriately in most cases. What the judges earned as their remuneration was more valuable due to the strength of the country’s currency at the time of the military compared to its apparent weakness during the current democratic system. The tenure of judges was also more secure during the military than now.

The judiciary was freer from political interference during the military period than during our present democracy. Lastly, for the judiciary to be the last hope of the common man, it has to be incorruptible and independent. Whenever the judiciary is corrupt, and not enjoying real independence, justice cannot be done. Gifting houses to judges by our political leaders should be stopped and discouraged. Our political leaders should abhor the practice of doing anything that might influence the judicial decisions of our respected judges.

Dr Bitrus Pogu, National President of the Middle Belt Forum, said “our judiciary has been so compromised by politicians that things are no longer working the way they should. They’ve been compromised into doing the bidding of the executive. It is an unfortunate development we have had and the earlier we start to restrengthen the judiciary and other institutions the better. And it is not only the judiciary that has been affected, the police, military and the para military have all been affected.

So the corruption of the civilian administration has weakened all institutions and there is an urgent need to resuscitate these institutions so that they can operate in the way they did during the military era or even better.

Mr. Lazarus Mon, the State Chairman of the Benue Non-Governmental Organizations, BENGONET, said “the judiciary is supposed to be the last hope of the common man but when the judiciary is beginning to look like it’s failing in that regard then it’s a cause for concern. To salvage the situation, the NJC should live up to its responsibilities by seeing to it that judges are working in the interest of the common man by protecting the rule of law in the country. The Civil Society as well as professional bodies like the NUJ, NBA, ASUU and other groups should continue to keep the judiciary on its toes.

An activist in Warri, Mr Fred Onoriode said : “The military had respect for judges even though they suspended the constitution. But politicians see judges as items for sale which is unfortunate. The solution is for both the politicians and the judges to respect the constitution.”