The Nigerian Judiciary: A System In Decay

I am not a lawyer. I do not wear the silk robe of the learned nor stand in the hallowed chambers of justice to argue cases. I am an ordinary concerned citizen, a classroom teacher, an educational practitioner, a Catholic Knight of St. John International, and I am a student still going to school. My daily duty is to shape minds, instill values, and prepare the next generation for a better society. But when injustice becomes the order of the day, when the very institution meant to uphold the law begins to trade justice for political favors, silence is no longer an option. This is why I have chosen to lend my voice to the rape of justice in Nigeria, where the judiciary, once regarded as the last hope of the common man, has now become a willing tool in the hands of the powerful.

The judiciary was meant to be the pillar of fairness, the guardian of democracy, and the voice of the voiceless. But today, verdicts are no longer given based on truth and evidence; instead, they are dictated by political affiliations and financial inducements. The temple of justice has become a marketplace where the highest bidder wins, and the poor, who cannot afford the price of justice, are left at the mercy of oppression.

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The 2022 Akwa Ibom North West Senatorial election debacle is a classic example of this judicial rot. Mr. Udom Ukpo Udom rightfully won the APC primary election, while Senator Godswill Akpabio was absent, preoccupied with his presidential ambition. After stepping down for Tinubu, Akpabio was imposed as the senatorial candidate in blatant violation of INEC regulations. The Appeal Court did the right thing by restoring Mr. Udom as the rightful candidate, but in a shocking twist, the Supreme Court overturned the judgment, handing victory to Akpabio, who never contested the primaries. The most alarming part? The judge responsible for this controversial ruling was later elevated to the position of Chief Justice of Nigeria. What stronger proof does one need to confirm that our judiciary now serves political interests rather than the rule of law?

In Rivers State, the same Supreme Court that once ruled that lawmakers who defect from the party on which they were elected should lose their seats suddenly declared that the defected Rivers State House of Assembly members, who had sworn affidavits confirming their defection to the APC, were still PDP members and retained their seats. The court conveniently disregarded their own sworn statements. What happened to the legal principle that an affidavit is a sworn declaration of truth? How does the judiciary contradict the very laws it is meant to uphold?

The horror of judicial injustice extends beyond politics and affects the common man in the most brutal ways. In Adamawa, a farmer named Sunday Jackson was sentenced to death for defending himself against a herdsman who attempted to kill him. Self-defense is a globally recognized legal right, and in any fair judicial system, it would have been classified as manslaughter at worst. But in Nigeria, the same judiciary that shields corrupt politicians from prosecution decided that a poor farmer deserved the death penalty. The injustice becomes even clearer when one considers the countless cases of herdsmen killing innocent Nigerians, yet no single one of them has received a life sentence, let alone the death penalty.

Justice in Nigeria is for sale. Those with money and political influence never lose cases, while the poor and powerless can only hope for divine intervention. The Supreme Court ruling that declared a candidate who came fourth in an election as the winner of the Imo State governorship race remains one of the most infamous judicial pronouncements in Nigerian history. That judgment not only defied common sense but also mocked democracy itself. How can someone who did not secure the majority of votes be declared the winner? It was nothing short of a judicial coup d’état.

We have also witnessed how the judiciary is used to silence critics and opposition voices. Activists who speak against corruption are often charged with trumped-up offenses, denied bail, and imprisoned for daring to challenge the status quo. Meanwhile, politicians facing corruption charges involving billions of naira easily secure court injunctions that shield them from prosecution. Some even obtain perpetual injunctions that prevent anti-graft agencies from investigating them.

The question is, what else can be done? The first step to restoring credibility in the judiciary is ensuring judicial independence. Judges must be protected from political and financial influences. There should be a transparent and merit-based process for appointing judicial officers rather than basing it on political loyalty. The Chief Justice of Nigeria and other judges should be selected based on competence and integrity, not on their usefulness to those in power.

Secondly, there must be consequences for judicial misconduct. Judges who deliver contradictory and politically motivated judgments must face disciplinary actions, including removal from office. The National Judicial Council (NJC) must be reformed to be truly independent and empowered to sanction corrupt judges.

Thirdly, we must decentralize the judicial system and make it more accountable to the people. Court proceedings should be made more transparent, and judgments should be subjected to thorough public scrutiny.

The role of the legal profession also cannot be ignored. Lawyers and senior advocates who knowingly facilitate injustice by manipulating the law for political gains must be held accountable. There should be ethical consequences for legal practitioners who compromise the integrity of the legal profession.

Civil society organizations and the media must continue to expose judicial corruption. The Nigerian people must demand justice and refuse to normalize injustice. When the judiciary becomes an arm of political manipulation rather than a pillar of justice, democracy itself is at risk. The moment citizens lose faith in the judiciary, lawlessness takes over, and anarchy becomes inevitable.

If Nigeria must move forward, the judiciary must be rescued from the grip of corruption and political influence. The law must be blind to wealth, power, and influence, treating every citizen equally. Until justice is no longer for sale, the Nigerian judiciary will remain a system in decay, and the common man will continue to be its biggest victim.

Divramredje Lawrence Efeturi, KSJI, ASCIEPUK and a public affairs commentator.