CAN THE NIGERIAN JUDICIARY BE REDEEMED? 

The judiciary must be restored to its rightful place as the guardian of fairness, equity, and justice, argues BASIL ODILI   

In December 2024, I received a letter from the National Judicial Council (NJC), signed by the Chief Justice of Nigeria, assuring me that my petition was receiving due attention. The letter gave me a glimmer of hope, but recent developments have made it increasingly difficult to maintain such optimism. Once again, I stumbled upon yet another glaring instance of judicial corruption and manipulation, underscoring the systemic decay within Nigeria’s judiciary.

The challenges facing the judiciary are profound and multifaceted. At the heart of the problem lies the pervasive influence of powerful politicians and influential members of the legal profession, whose vested interests perpetuate judicial rascality. These forces actively intervene to protect judges involved in corruption and misconduct, shielding them from accountability. Judges engaged in unethical practices often serve as the representatives of politicians on the bench, ensuring that judicial outcomes align with political interests rather than the principles of justice. In many cases, these judges are not acting in isolation but are emboldened by the backing of powerful attorneys who exploit judicial weaknesses for their clients’ benefit.

This collusion among the judiciary, the bar, and the political class is not just a mere inconvenience—it is a cancer eating away at the very core of our judicial system. The influence of these powerful politicians and legal practitioners ensures that justice is for sale, turning the courts into a marketplace where technicalities are exploited, and truth is often a casualty. It’s a situation where the scales of justice are tipped, and the law becomes a tool for the powerful rather than a shield for the weak.

The consequences of this judicial rot are far-reaching. The erosion of public trust in the judiciary is already evident. For ordinary Nigerians, particularly the poor and vulnerable, the courts no longer represent a fair and impartial system. They have become a symbol of injustice, where rulings are influenced by money, power, and political alliances. This has led to widespread cynicism, with many people questioning the very legitimacy of the judicial process.

The implications of this crisis extend beyond national borders. When I discussed Nigerian court judgments with representatives from U.S. agencies, I was told outright that judgments from Nigeria often come with a lot of suspicions, reflecting the deep lack of confidence in our legal system. This international skepticism is a damning indictment of our judiciary, undermining Nigeria’s reputation and complicating its legal and economic relationships with the global community. Foreign investors, for example, are unwilling to risk their resources in a country where they cannot trust that their contracts will be upheld or disputes fairly resolved. This lack of confidence stifles investment, economic growth, and job creation, leaving Nigeria further isolated in an increasingly competitive global economy.

The real question here is: When politicians in power can manipulate the law to give them what they want, even when it results in a gross miscarriage of justice, will those same politicians ever want to reform the very system that benefits them? The answer, as history has shown, is often no. Why would politicians, whose  interests are served by judicial corruption, push for judicial reform? The judiciary, in many cases, is a tool they use to further their own power and protect their interests. As long as they remain the beneficiaries of judicial malfeasance, there will be little incentive for them to support meaningful reform.

Even the government agencies tasked with fighting corruption seem unwilling to act boldly. The Economic and Financial Crimes Commission (EFCC), for instance, has been conspicuously silent when it comes to going after corrupt judges. The reason for this is clear: pursuing judges involved in corruption would mean going after their political benefactors, shooting those in power in the foot. For a long time, the EFCC has been reluctant to target judges, as doing so would risk undermining the very political establishment that supports and sustains the agency’s operations. This inability or unwillingness to tackle corruption within the judiciary highlights the systemic nature of the problem.

The judiciary, once seen as the last bastion of hope for the oppressed, is now mired in corruption and inefficiency. Reforms are urgently needed, but these reforms cannot come from those who benefit from the status quo. True reform will require a collective effort from civil society, international partners, and the Nigerian people—an effort that transcends political and economic interests.

One of the first steps toward reform must be increasing judicial transparency. Installing CCTV cameras in courtrooms and live-streaming proceedings online would help ensure that justice is not only done but seen to be done. This would serve as a powerful deterrent against misconduct and would help restore public confidence in the system. In countries like Kenya and South Africa,

live-streaming of major cases has proven to be effective in fostering accountability and ensuring that justice is transparent and accessible.

Moreover, judges must be adequately compensated. A well-paid judiciary is less susceptible to bribery and undue influence. By ensuring that judges are financially secure, we reduce the likelihood of them succumbing to corruption. A well-compensated judiciary is an investment in the future of the nation, ensuring that justice is dispensed fairly and impartially. Proper compensation boosts the morale of judges, making them more committed to upholding the rule of law and ensuring that the principles of justice are not compromised.

However, judicial reform cannot stop at transparency and compensation. There must be a zero-tolerance policy for corruption, with strict penalties for those who engage in unethical practices. Both judges and lawyers who collude to manipulate the system must face severe consequences. Regulatory bodies must be empowered to take swift action against corrupt individuals within the judiciary, and there must be no exceptions for powerful political or legal figures.

Ultimately, judicial reform must address the root cause of the problem: the influence of powerful politicians and their ability to control the judiciary for personal gain. Until this system of patronage is dismantled, and the judiciary is freed from the grip of political and financial interests, true reform will remain a distant dream.

The Nigerian people deserve better. The time to act is now. If we continue to allow corruption and manipulation to define our judicial system, we risk creating a generation that no longer believes in the rule of law or the principles of justice. The judiciary must be restored to its rightful place as the guardian of fairness, equity, and justice. Only then can we begin to heal the wounds inflicted by years of corruption and judicial malfeasance.  

Without urgent and decisive action, the judiciary risks becoming irredeemable. But with the collective will of the Nigerian people, backed by genuine reform, it is still possible to restore integrity, rebuild trust, and create a judiciary that serves the interests of justice for all.

Odilim, a public affairs analyst, writes from Abuja