Broken Trust: Why the Nigerian Judiciary Must Win Back the People

Introduction

Nigeria operates as a constitutional democracy based on the principle of separation of powers. The executive, legislature, and judiciary are co-equal branches of government that function both independently and collaboratively to promote effective governance. The executive and legislature are mainly composed of elected politicians, while the judiciary consists of legal professionals responsible for interpreting and upholding the law.

The judiciary's primary role is to interpret laws and ensure they uphold democratic principles. It functions as a mediator, resolving disputes among citizens, organisations, and government bodies. Through its rulings, the judiciary can influence the legal landscape and advance justice, equality, and human rights. A well-functioning judiciary acts as a vital check on the other branches of government, preventing abuses of power and promoting accountability. Overall, an effective judiciary is essential for maintaining a stable and prosperous democratic society. 

The Challenges of the Judiciary in Nigeria

Nigeria's judiciary faces both external and internal challenges that threaten its integrity and independence. Externally, the judiciary must contend with the substantial influence exerted by the executive arm of government, which navigates a complex web of political intrigue. Judges often experience immense pressure from politicians who use various resources to sway decisions in their favor. Additionally, the appointment of judges is frequently affected by ethnic and religious considerations, making career advancement somewhat dependent on political loyalty. Nigeria’s unstable political climate further complicates matters, with judges having previously faced intimidation and attacks while performing their duties. Economic instability also poses a significant threat, as resource and funding shortages persist despite claims of financial autonomy. Notably, the judiciary’s funding is controlled by the executive branch, raising concerns about its financial independence.  

Furthermore, the judiciary in Nigeria continues to struggle to free itself from internal challenges such as the insidious grip of widespread corruption. Consequently, many judicial officials remain inherently vulnerable to bribes and manipulation. Justice Chukwudifu Oputa, a former Justice of Nigeria's Supreme Court, once lamented that ‘Corruption is the greatest single bane of our society’. It appears in various forms, including bribery, favouritism, and the manipulation of court processes, thereby undermining the integrity of the judicial system. Similarly, the country’s complex legal framework further complicates matters for the judiciary, as it relies on a mixture of common law and Sharia law, which can be confusing.

Regrettably, it is amidst these challenges that the judiciary struggles to maintain its disputed integrity, even as its public perception remains essentially contested. This is further fuelled by corruption and deeply entrenched prejudices. 

The Judiciary in the Public Eye

The Nigerian judiciary is viewed as being too important to be ignored. Thus, the public has set its eyes on the significant roles they play in Nigeria’s jurisprudence. Their actions and inactions, especially those considered uncharitable, are thought to have emboldened the executive to continue undermining it.

Some time ago, during the heydays of Buhari’s presidency, it was within the hallowed Chambers of the Upper House that a serving Senator at the time, Adamu Bulkachuwa, jovially painted a picture of how his wife, within the confines of ‘the other room,’ agreed to help him resolve, and perhaps, procure knotty election judgments. This comment would soon snowball into a gamut of social media subject matters of public interest. The Senator’s wife, Justice Zainab Bulkachuwa, was not only a serving judge at the time but also the revered president of the Court of Appeal and headed the Presidential Elections Petitions Tribunal (PEPT), raising concerns about conflict of interest. Media reports later show that she excused herself from the tribunal due to her husband’s political affiliation and the potential bias it implied. 

This incident underscores the importance of maintaining the independence of the judiciary, especially in high-stakes cases like election petitions. It also highlights the need for judges to avoid conflicts of interest and maintain the highest standards of integrity and transparency.

These notable, but past cases in Nigeria’s election jurisprudence are considered contentious and audacious in their outcome. 

• Atiku Abubakar v. INEC (2007) 
• Peter Obi v. INEC (2007) 
• Amaechi v. Omehia (2007)
• Osun Governorship Election Case (2019)
• Zamfara State Governorship Election Case (2019)
• The Onnoghen CCT Trial (2019
• The Imo State Governorship Election Case (2020) 
• The Supreme Court’s upholding of Ahmad Lawan’s candidacy for the Yobe North Senatorial seat (2023)
• The Election Tribunal and the Supreme Court’s dismissal of Obi and Atiku’s appeal (2023)

Beyond the controversies that characterised these judicial pronouncements, Judges have been accused of favouring family members, friends, and loyalists, particularly in judicial appointments, often based on personal relationships. There are also claims about judges applying the law selectively based on status, influence, and connections. Out of a principled position, Judges are expected to recuse themselves when faced with a conflict of interest and other unethical encumbrances. A typical case in point is the alleged refusal of Justice Binta Nyako to hand over the terrorism case of Mr Nnamdi Kanu.

Conclusion

Gone are the days when Nigerians believed the judiciary was the sole liberator of society, often to the point of overreach and neglect of democratic processes. Many people feel uncomfortable when the judiciary attempts to decide public matters through judicial fiat, effectively acting as the electorate. 

Therefore, Nigeria’s judiciary, as the guardian of its laws and order, must reflect on its past mistakes that have undermined public confidence and make necessary corrections. But let me conclude with the words of Dr Oby Ezekwesili at the Nigerian Bar Association Conference in session in Enugu (2025). ‘’...This attitude that politics is a pathway to becoming wealthy is an anomaly… stop trading this profession, stop giving this profession to a bunch of lousy politicians that want to destroy generations now and unborn”.

Agathus Chibuike Mgbeahuruike is an election consultant at CDD-West Africa with over 15 years of experience in civil society governance. He has previously served as National Coordinator of the Transition Monitoring Group (TMG) and Resident Election Consultant for the National Democratic Institute (NDI).