…Say, ‘no reasonable investor will dare to come’
…Efforts to build sustainable democracy threatened
…As politicians taint judges’ conscience, integrity with money
…Country is under judiciary capture – Olumide Apata
Nigerians have expressed worries over the continued erosion of integrity of the judiciary in Nigeria, saying that it portends grave danger for growth and development of the country.
The judiciary in Nigeria has come under severe criticism from eminent Nigerians, following the controversies that trailed some judgments across the country and the actions of some judiciary officers which have brought the once-respected third arm of government in disrepute.
The judiciary is increasingly seen as a tool for political manipulation and no more as the last hope of the common man. It has also been flared for meddling in election disputes by deciding the eventual winner, not minding the choice and will of the electorate.
This is against the generally held public opinion that rather than voters deciding the outcome of elections, the court now have the last say. The way the judiciary is brazenly going about it has to the decision by many citizens never to participate any more in election process in Nigeria.
The thinking by many Nigerians is that the Executive arm of the government has swallowed up the judiciary arm, by dictating to that arm what it must do.
Nigerians have watched in horror as judges brazenly and knowingly miscarried justice.
Many senior lawyers, elder statesmen and concerned Nigerians have painted an ugly picture of the sorry state of affairs in the judiciary, its implications for Nigeria and why the situation has remained the way it is despite public outcry.
Many informed citizens, including lawyers have expressed shock at the level of malfeasance and outright descent to “anything goes” in the judiciary.
One of the vocal voices that have continued to raise the alarm over the erosion of credibility of the nation’s judiciary is Chidi Anselm Odinkalu.
Odinkalu, a Nigerian human rights activist, lawyer, professor and former chairman of Nigeria’s National Human Rights Commission, recently voiced out his concerns over the excessive dalliance between judges and politically-exposed persons.
The professor has ceaselessly said that the Nigeria’s Supreme Court was aiding democratic breakdown.
In a series of social media posts, Odinkalu has alleged that under the leadership of Chief Justice Kudirat Kekere-Ekun, the Supreme Court has become deeply compromised, claiming it now operates with an urgency to “send the country into perdition.”
Reacting to the recent declaration of a state of emergency in Rivers and the removal of Governor Siminalayi Fubara alongside the State House of Assembly, he said that the courts were more principled under past Chief Justice Mohammed Lawal Uwais.
“The judiciary then had the independence and authority to repeatedly save Nigeria from peril,” a contrast to what he described as today’s weakened institution vulnerable to political interference.
Citing Rule 2.8 of the Revised Code of Conduct for Judicial Officers in Nigeria (2016), Odinkalu emphasised that judges must avoid excessively close relationships with frequent litigants, including government ministers, to prevent any appearance of bias.
Goodluck Jonathan, former president of Nigeria, a few days ago, lamented the state of the judiciary, noting that no serious investor will bring his money into a country where the judiciary is compromised.
Jonathan criticised the actions of key political actors, stating that the decisions made by the executive, legislature, and judiciary shape how Nigeria is perceived internationally.
“No serious investor will bring their money into a country where the judiciary is compromised—where government officials can dictate court judgments,” he said.
“In Nigeria today, key actors—from the executive to the legislature and judiciary—know the right course of action, yet they refuse to take it. They are merely pretending to be asleep,” he said.
Sharing similar view, Olusegun Obasnajo, a former president, last week, warned that courts were being used as a tool to deny justice rather than uphold it.
The ex-president, who spoke in Abuja at the 60th birthday anniversary colloquium of former Imo State Governor, Emeka Ihedioha lamented the common refrain of “go to court” when citizens seek redress, despite the prevailing lack of confidence in the judiciary.
“You will say, ‘go to court’ when you know that you can’t get justice,” he said
The Archbishop of Sokoto Catholic Diocese and a member of the Justice Uwais Electoral Reform panel, Bishop Matthew Hassan Kukah, said the Nigerian judiciary is entangled in politics.
CJN weighs in
Speaking at the 8th House of Justice Summit held in Kaduna some time ago with the theme: ‘Electoral Accountability and Democratic Stability,’ Bishop Kukah called on the judiciary to redeem its image by dispensing justice without fear or favour.
“At a recent event in Abuja, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, also expressed deep concern over persistent allegations of corruption, judicial delays, and bias that continue to plague the country’s judiciary.
The CJN said that despite the judiciary leadership’s ongoing reform efforts to clean up the system, some of the allegations persist. She stated that some of these issues would affect public trust in the judicial system.
“Despite our collective efforts, challenges persist; allegations of corruption, delays in the dispensation of justice, and perceptions of bias or inefficiency remain issues of concern.
“The onus is, therefore, on us to confront these challenges head-on and reaffirm our commitment to judicial excellence. Without public confidence, the judiciary’s moral authority is diminished, and its ability to discharge its constitutional mandate is impaired,” she said.
Unforgettable judgement
Observers have said that one judgement that would remain indelible in the annals of Nigeria was the one delivered by the Supreme Court on January 14, 2020, that removed Emeka Ihedioha of the PDP, as governor of Imo State and declared Hope Uzodinma of the APC, winner.
The worry for many observers was that Uzodinma, who was fourth in the result declared by the Independent National Electoral Commission (INEC), was declared winner by the Supreme Court.
Again, observers noted that the Supreme Court failed to provide sufficient details of its computation of numbers, the votes other candidates got, among missing details including the number of registered voters and integrity of the computations, describing the decision as bizarre.
Till date, many still call Governor Uzodinma ‘the Supreme Court governor’ because of their perceived injustice to the people by the court, which should ordinary be their last hope.
Stakeholders fault appointments of judge
The questionable and politicised process of appointments of judges has been listed as part of the reasons for the lowering of integrity and inability of judges to assert their control over politicians and political parties.
Many lawyers say the current situation may persist or even get worse if nothing is done to change the status-quo.
Recently, the Body of Senior Advocates of Nigeria faulted the process of appointing justices to the Supreme Court, saying that the policy does not follow merit.
The senior lawyers urged the National Judicial Council, the body in charge of appointing judicial officers in the country, to abandon the current replacement policy for the Nigerian judiciary to grow alongside the rule of law and the administration of justice.
In a speech by Onomigbo Okpoko (SAN), at a valedictory court session for retired Justice Abdu Aboki of the Supreme Court, the senior lawyers asked the NJC to also jettison the system whereby justices of the Supreme Court must be promoted from the Court of Appeal.
The body argued that the system is responsible for the level of mediocrity and incompetence in the judiciary.
“The Body of Senior Advocates takes the firm view that the selection and appointment of justices for appointment to the Supreme Court and the Court of Appeal based on replacement is one that cannot result in the appointment of the best lawyers to the appellate courts in the country,” Okpoko said.
Speaking at the International Bar Association (IBA) conference in Paris in France, last year, former President of the Nigerian Bar Association (NBA), Olumide Akpata, lamented that only by sheer luck will the Nigerian judiciary produce a good judge.
In his lamentations, he said: “The country is under judiciary capture. When I was a statutory member of the National Judicial Council (NJC) (the body saddled with the responsibilities of recruiting and disciplining erring judges in Nigeria), I found out that politicians were desperate to pocket the judiciary. It is deliberate and intentional. And it is achieving results for them.
“Embarrassingly, there are now incessant conflicting ex-parte orders from courts of coordinate jurisdiction.
“Many Nigerians see this as a cankerworm affecting the Judiciary. Stories of millions of dollars now fly around, especially in political cases.
“Sadly, some politicians now use the court as a shield and the highest political bidders are recklessly granted favourable orders.”
Lawyers who also spoke to BusinessDay, called for the reform of the National Judiciary Commission (NJC) as a starting point, noting that part of the problem stemmed from corruption, politicking in the organisaction.
They further pointed out that there was a general assumption that the judiciary was under serious influence of the other arms of government.
“This is not an issue that started today, we know the problem and solution, but no one is ready to do the right thing. The appointments of questionable individuals as judges did not start today, but no one did anything.
“So, that is where we are. It starts with the NJC; appointments made by them are questionable, look at the list of last year’s new judges, it was the children of those in power that dominated and you are talking,” a senior lawyer, who spoke on the condition of anonymity, said.
Bode George speaks
Speaking on the situation, Olabode George, People’s Democratic Party (PDP), chieftain said when the judiciary is compromised, one way or the other, in a democratic system, then democracy is gone.
George said that many Nigerians believe that members of the Executive and Legislature are already living in a different planet. So, they see the judiciary as the last ‘Estate’ standing in the ‘Realm’.
According to him, “In Nigeria, there are hundreds of judges upholding the sanctity of the judiciary. They not only give judgements, but they deliver justice. Nigerians still believe in them.
“But, because of conflicting and contradictory judgements coming from a few, the belief of many Nigerians in the judiciary is understandably shaken. And this is worrisome because if the people don’t believe in the Third Arm of Government anymore, anarchy looms.
“Today, many Nigerians point to some corrupt judges who escape unscathed to enjoy their ill-gotten wealth because the system is weak or compromised to do proper investigation.
“We now have a situation in which courageous judges who refuse to do the biddings of the ‘powers that be’ are accused of being corrupt and forced to resign. What an irony!
“In many political cases, millions of people believe, and rightly so, that some judges deliver judgements, NOT justice.”
Speaking further, he said, “Eminent Nigerians knew the judicial and justice system in the country during the days of former Chief Justices of Nigeria, such as Justice Stafford Foster Sutton (1955 – 1958), Justice Adetokunbo Ademola (1958 – 1972), Justice Teslim Olawale Elias (1972 – 1975), Justice Darnley Arthur Alexander (1975 – 1979), Justice Atanda Fatai Williams (1979 – 1983), Justice Gabriel Ayo Irikefe (1985 – 1987) and Justice Muhammed Bello (1987 – 1995), the first Northerner to become Chief Justice of Nigeria.
“What of Justice Chukwudifu Oputa and Justice Kayode Eso? These are legal giants who stood their grounds against any form of victimisation or unnecessary manoeuvres from the executive branch of government. You dared not look at their faces or even try to bribe them.”
Analysts respond
The situation, according to Chijioke Umelahi, an Abuja-based lawyer, is disheartening as bizarre decisions taken by the apex court in recent times have further eroded public trust and confidence in the judiciary system.
“Even if the people are illiterates, downtrodden or helpless, they know injustice and compromised positions by the courts. Though some judiciary members may differ on the compromise, the reality is that people know them by their good or bad judgements,” Umelahi said.
He blamed the emergency declaration in Rivers State on his colleagues, who keep pushing the politicians to disagree when there is no need for that or try to interpret the law in their favour rather than for the benefit of the people.
“If Fubara and Wike had sought peaceful resolution or out-of-court settlement long ago, the state wouldn’t have been under military rule, because that is the reality and against the ideals of democracy,” he decried.
Gilbert Alomuna, another lawyer, thinks that the Supreme Court had opportunity of redeeming its image in the Imo case, but failed, and opening itself to public attacks and loss of respect.
“On March 3 of the same year, the Supreme Court could have reviewed the Imo judgment, but it sadly ruled in a majority decision of six to one judges, that it could not re-open its earlier decision that had awarded judgment in favour of Hope Uzodinma of the All Progressives Congress (APC).
But, the minority judgment of Justice Centus Nweze underlined the fact that Ihedioha application for case review had merit,” Alumona noted.
CJN must go beyond mere rhetoric- Analysts
It is also worrisome for some observers that the leadership of the judiciary knows that the system is rotten, yet treat it with laxity.
Justice Kudirat Kekere-Ekun, Chief Justice of Nigeria (CJN), is aware of the rot and the fact that public trust for the system and her colleagues is fast eroding.
She had expressed deep concern over persistent allegations of corruption, judicial delays, and bias that continue to plague the country’s judiciary.
But some analysts laugh over the judiciary leadership reform efforts, which the CJN said was ongoing to clean up the system.
“I am happy that the CJN agreed that some of the allegations persist despite the reforms, meaning that the leadership of our judiciary is not doing enough to cleaning up the system.
“Again, how do you clean up a system that the present leadership of the judiciary has benefited from. Have you forgotten that it was Justice Kudirat Kekere-Ekun that handled the Imo case, that has made politicians to keep money to buy judgment and not vote again,” Jodia Aliyu, a public affairs analyst, said.
Any hope in sight?
On March 25, 2025, the House of Representatives advanced 23 Constitutional amendment bills aimed at reforming Nigeria’s judiciary and electoral system, passing them for a second reading.
Of these, 10 bills focus on judicial reforms, while 13 are designed to overhaul the electoral system.
Excitedly, a bill was passed to make the Court of Appeal the final appellate court for Governorship, National Assembly, and State House of Assembly election petitions, thereby removing the Supreme Court from such appeals.
Umelahi is excited over the development, saying that it will curtail the exclusive powers of the Supreme Court over election cases.
“If the Court of Appeal is made the final appellate court for election petitions, people will get justice because the issue has always been the Supreme Court, which takes advantage of its final adjudication to disrupt things,” Umelahi said excitedly.
In the same vein, Alomuna noted that it would reduce time, cost and stress of seeking redress in multiple courts, while also redeeming confidence and trust of the judiciary.
In his opinion, Afolabi Aina, a certified forensic auditor, the government needs to improve the welfare packages of the judiciary, which probably is not good enough and reason for compromises.
He also thinks that judges are humans and should face judgment like others when they offend.
“To purge the system, there should be consolidated account for the judiciary. Then, corrupt judges should face the law and if found guilty, should go to jail to join the innocent people they sent there,” he said.
