Judges Becoming Tools of Politicians, Threatening Democracy, NBA President Osigwe Warns

• Says declining public trust undermines rule of law, national stability

Wale Igbintade

The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has raised fresh concerns over the integrity of Nigeria’s judiciary, warning that corruption and undue political influence in the courts are eroding public confidence.

Osigwe highlighted that the declining trust in judicial institutions not only undermines democracy but also threatens investor confidence and national stability.

Speaking on Arise News Prime Time, Osigwe defended his recent comments, recalling his keynote address at the 17th Ralph Opara Memorial Lecture, themed “Judicial Corruption in Nigeria: A Menace to Democracy and Social Justice”, where he said a corrupt judge poses a far greater danger to the nation than a violent criminal.

He cautioned that if left unchecked, these challenges could weaken the rule of law and compromise the courts’ role as impartial arbiters.

The NBA President emphasised the need for urgent reforms and stronger safeguards to protect the judiciary from external pressures, stressing that public perception of judicial independence is crucial for sustaining democratic governance and attracting investment.

Osigwe said negative perceptions of the judiciary inevitably affect public trust in election adjudication.

Conflicting judgments and what some describe as the “judicialisation” of politics, he noted, have fueled doubts.

He suggested that pre-election matters should be limited and that evidentiary requirements in election petitions should be reviewed to remove undue obstacles.

He described the erosion of integrity within the legal system as a “democratic emergency.”

“The judiciary is facing a perception crisis, and when citizens begin to doubt the impartiality of our courts, access to justice is eroded and democracy suffers,” Osigwe said.

He warned that declining trust in the judiciary could discourage investment, encourage capital flight, and prompt litigants to take disputes to foreign courts.

He also highlighted concerns about the transparency of case assignments, noting that while filing processes may be digitised, the allocation of cases to judges remains susceptible to influence.

“If people believe justice will not be done, they may simply avoid the system altogether,” he said.

Osigwe stressed that his observations reflect the long-standing position of the NBA, not personal opinion, citing statements from former and current jurists, the Supreme Court, and international agencies including the ICPC, UNODC, and Chatham House.

“The real likelihood of bias, even if unproven, can be enough to overturn a judgment. It’s about what a right-thinking member of the public believes,” he said.

He recounted the Supreme Court’s resolution of a governorship dispute in Kano, noting how public acceptance of the decision restored order and peace, underscoring the importance of public perception in maintaining stability.

On judicial reform, Osigwe reiterated the NBA’s call for the Chief Justice of Nigeria not to chair the National Judicial Council (NJC), arguing that no person subject to potential disciplinary action should lead the body that oversees judges.

While acknowledging the NJC’s disciplinary actions, he criticised some sanctions as insufficient, describing them as “a slap on the wrist.”

He expressed support for lifestyle audits of judges to promote accountability, while urging caution on blanket public asset declarations due to security risks.

Osigwe also warned that courts are increasingly being used to silence critics of public officials through selective application of cybercrime and criminal defamation laws.

The NBA president further stressed the importance of reforming the legal profession itself, advocating for the swift and effective disciplining of lawyers, including senior advocates, who compromise judicial integrity.

He welcomed the proposed Legal Practitioners Amendment Bill, saying it would decentralise disciplinary panels and improve public confidence in the Bar.

Despite the challenges, Osigwe said the judiciary is reformable from within.

“The most important thing is to get it right,” he said, calling for measured, gradual reforms that restore fairness and public trust.