Since the dawn of civilization, societies have wrestled with how to control and balance the powers of their rulers. The solution to this challenge is the rule of law, a doctrine that ensures everyone, no matter their status, is subject to the law. This principle is vital to maintaining order and promoting progress in any society. Without it, power becomes unchecked, often used against the very people it should protect.
In Nigeria, the government has a notorious track record of disregarding the rule of law. This disregard fuels corruption, which in turn has become the root cause of poverty—a problem that the country continues to grapple with. Corruption has been identified as “the single greatest” obstacle to economic and social development. The rule of law exists to prevent this, ensuring that those in positions of power act reasonably, responsibly, and with the best interests of the people in mind.
A key player in upholding the rule of law is the judiciary. Judges are expected to apply the law impartially and without favor, ensuring that justice is served regardless of a person’s rank or status. Whether dealing with the most powerful or the most vulnerable, the law must remain supreme. The independence of the judiciary is crucial for this balance to be maintained.
Judicial Abuse by the Executive
The Nigerian government has demonstrated a blatant disregard for independence, and the judiciary has been subject to intimidation and interference by the executive. In 2016, security agents from the Department of State Services (DSS) raided the homes of several senior judges, including Supreme Court justices, in the middle of the night. While the raids were justified as part of an anti-corruption effort, they were carried out without due process, leading many to see it as an attempt to intimidate the judiciary and bend it to the executive’s will. Such actions severely undermine the independence of the courts.
Another shocking example occurred in 2019 when the Chief Justice of Nigeria, Walter Onnoghen, was suspended by President Muhammadu Buhari just weeks before the general elections. This move was widely perceived as politically motivated, given that the judiciary plays a critical role in election disputes. The suspension bypassed the National Judicial Council, which is responsible for disciplining judges, raising concerns about the government’s manipulation of the judiciary for political gain.
Electoral Malpractices and Judicial Failings
Elections are one of the most critical areas where the rule of law is often undermined in Nigeria. While the judiciary is supposed to play a neutral role, its credibility has been challenged in various electoral disputes.
One example is the 2019 elections in Rivers State which saw widespread violence and allegations of electoral malpractice. The judiciary, instead of addressing these issues with impartiality, appeared to support the status quo by dismissing cases that pointed to significant irregularities, like INEC’s suspension of the electoral process, alleged partisanship of the military, ballot box snatching, etc. Critics argue that the judiciary’s failure to challenge election results marred by obvious discrepancies eroded public confidence in the courts as neutral arbiters.
Another controversial case was the Imo State gubernatorial election of 2019. In this case, the Supreme Court overturned the victory of Emeka Ihedioha of the PDP and declared Hope Uzodinma of the APC as the rightful winner. This decision was highly controversial because Uzodinma had initially come fourth in the election results. The court’s decision, seen by many as lacking sound legal basis, sparked public outcry and protests, with critics accusing the judiciary of bending to external pressures.
Instances of Judicial Compromise
While the judiciary is often seen as the victim of executive abuse, it is not without its own failings. There have been instances where the judiciary has failed to uphold the rule of law due to internal corruption and political manipulation.
In some high-profile corruption cases, judges have been accused of accepting bribes to deliver favourable judgments. For example, a former Chief Judge of Enugu State, Justice Innocent Umezulike, was dismissed after being found guilty of misconduct, including tampering with court records and engaging in biassed rulings. Such cases raise questions about the judiciary’s integrity and its role as a guardian of justice.
Additionally, there have been reports of judicial timidity in cases involving the federal government or high-ranking political figures. Some judges, fearing retaliation, delay rulings or deliver weak judgments that favour those in power. This compromise by the judiciary weakens the rule of law and suggests that even within the judicial system, corruption and political manipulation remain problems.
These examples show how both the executive’s abuse of power and the judiciary’s failings contribute to the breakdown of the rule of law in Nigeria. When court rulings are ignored, judges are intimidated, and justice is compromised by corruption or political pressure, the very foundation of democracy is threatened. The judiciary, as the final arbiter of the law, must remain independent, courageous, and just if Nigeria is to thrive.
To address this, it’s essential that Nigerian youth stand up and demand accountability. The future of the country depends on young leaders who will uphold integrity, whether as citizens or rulers. YOUTHS! BE INVOLVED by advocating for a system where the law is truly respected, where the judiciary is independent, and where power is used to serve the people, not oppress them.
