The dissatisfaction of Nigerians over the workings of the Judicial system in the country in the recent times is no longer a hidden secret, and has left a bitter taste in the mouth of citizens such that people are not suprised about pronouncements that may come from such a supposedly revered institution that holds the key to life and death of embattled citizens that are in need of its services. It is only in Nigeria that court injunctions can be granted any time of the day, even at night, including the weekends.
It’s also in Nigeria that the unanimity of court rulings is queried, even upturned by a lower court of jurisdiction. It is also in Nigeria that a man who acted in self defense to save his own life and prevailed against his attacker is found guilty and sentenced to death. Under what law the man is tried and convicted today is a subject of discussion. The Shenanigans are too many, and unfortunately, those concerned are clinking glasses and looking the other way, rejoicing over what they call state capture, while the country continues to slide and boil, unfortunately.
Many describe the Nigerian Judicial system as transactional nowadays, where the elite, and privileged few buy their way through from the lowest to the highest court in the land, even with overwhelming evidence of culpability. As it stands, what you need is deep pocket, not even a good lawyer to extricate yourself from any kind of case in Nigeria, no matter the nature of crime committed. The belief therefore, is that the possibility of the poor getting justice in such a system is slimmer if not completely impossible, unless the trend is reversed! This is also happening because the 10th National Assembly in many ways appears to have compromised on its constitutional duties of not putting in check the Executive Arm of government, but instead prefer to be called rubber stamp National Assembly.
For example, if the same speed with which the National Assembly ratified the state of emergency in Rivers State is applied in other troubling areas of our national life, where the people are yearning for a change, there will be sanity in the system, and less talk about the confidence the people have in the Judiciary. No week passes without groups of different shades of opinions calling on the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun and the National Judicial Council to intervene in rescuing the country’s democracy from the brink of collapse, following compromises in our judicial system, owing largely to Judicial pronouncements often not backed by law.
For example, the president of the Nigeria Labour Congress (NLC), Joe Ajaero recently warned the state governments against undermining the implementation of a Supreme Court Judgement, mandating local governments to establish accounts with the Central Bank of Nigeria (CBN) in order to receive their allocation directly. This warning is coming several months after the apex court granted financial autonomy to the government at the grassroots, and yet, the verdicts of the final court in the land are not respected or being carried out.
We expect the authorities to say enough of these rumblings, especially when the court has decided the case in favour of the 774 Local Governmnet Areas; but since it’s the issue of money, the response from the highest quarter may not be swift, surprisingly! In a system where law and order which are rooted in the Judiciary are not complied with, such a system would surely will be on reverse gear, impacting negatively on every facet of nation building and development. One of the most profound benefits in a democracy is Judicial independence.
We want to see it working in our system. Alluding to what former President Goodluck Jonathan said while reacting to the state of emergency declared in Rivers State: “No investor will invest in an unstable environment, not at all”. The situation in Nigeria requires a functional and independent judicial system that is ready to dispense justice without minding whose ox is gored. That is the only way the society can make appreciable impact and walk itself back on the minds of the people.
Allowing the status quo to remain where justice is meant only for the privileged few means that the image of the Judiciary will continue to sink deeper and deeper to a point it will become irredeemable, which may not augur well for the society. Let the government, and the Judiciary in particular, strive to reconsider its approach to doing things, especially in dispensing of justice.
Behaving as if all is well in the face of the legion of Justice miscarriages is most uncharitable. As the clouds begins to gather for 2027 general elections, which is two years from now, the onus lies on the Judiciary to clean its house. Let those concerned aggressively tackle the image problem in the system and ensure things are done the right way, going forward.