SAN Calls for Sweeping Judicial Reforms, Tough Sanctions Against Erring Judges

Wale Igbintade

Senior Advocate of Nigeria (SAN), Dr. Charles Mekwunye, has called for far-reaching reforms in Nigeria’s judiciary and electoral adjudication system, warning that judicial compromise remains one of the greatest threats to the country’s democratic development.

Mekwunye made the call while delivering the keynote address at the 2026 Law Week of the Nigerian Bar Association (NBA), Agbor Branch, themed, “Future Proofing Nigeria’s Democracy: Credible Elections and the Legal Cross-Roads.”

In a speech that highlighted concerns over the integrity of election-related litigation, the senior lawyer accused some judicial officers of undermining democratic values through controversial judgments that, according to him, have sometimes negated the electoral choices of Nigerians.

He argued that judicial officers who deliberately abuse their powers to distort the electoral process should face severe consequences.

“There must be consequences for the behaviour of judicial officers who betray their oath and use their enormous powers to pervert the electoral will of the people. The era of impunity must end,” Mekwunye said.

The SAN, however, commended the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for recent disciplinary actions taken against some judicial officers, including suspensions and compulsory retirements. He described the measures as encouraging steps toward restoring accountability within the judiciary.

Despite the commendation, he maintained that much more needed to be done to rebuild public trust in the nation’s justice system.

According to him, the current procedures governing petitions against judicial officers before the National Judicial Council (NJC) discourage individuals with credible information from exposing misconduct on the bench.

Mekwunye specifically criticised the requirement that petitioners must disclose their identities and depose to affidavits before complaints can be considered.

He argued that such requirements expose whistleblowers to possible intimidation, victimisation and retaliation, thereby discouraging the reporting of unethical conduct.

“Most people with relevant information are inhibited by these rules. They serve no useful purpose other than protecting the minority of judicial officers working against the interest of the judiciary and Nigeria,” he stated.

The senior advocate proposed amendments to the existing framework to allow greater protection for whistleblowers and also recommended extending the period within which complaints may be filed against judicial officers from six months to three years.

Mekwunye also revisited the controversial Supreme Court decision in Federal Republic of Nigeria v. Justice H.A. Nganjiwa, which held that serving judicial officers cannot be prosecuted for misconduct arising from the performance of their official duties unless they are first disciplined by the NJC.

He described the judgment as unconstitutional and inconsistent with the principle of equality before the law.

According to him, the ruling has effectively created a form of judicial immunity not contemplated by the Constitution.

He argued that anti-corruption agencies such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) should not be prevented from investigating or prosecuting judicial officers accused of criminal conduct.

“The Constitution guarantees equality before the law. Judicial officers should not enjoy a special shield against criminal investigation and prosecution,” he said.

Mekwunye urged the Attorney-General of the Federation to initiate legislative measures aimed at overturning the effect of the Nganjiwa decision if the judiciary fails to revisit the ruling.

The legal practitioner also advocated stricter disciplinary measures against judges who issue orders outside their constitutional or statutory jurisdiction, particularly in political and election-related disputes.

As part of efforts to strengthen accountability, he proposed the establishment of a “black book” by the NJC containing the names of judges found guilty of serious misconduct.

He also suggested that the Legal Practitioners Privileges Committee should maintain a similar register for senior lawyers found culpable of professional misconduct.

According to him, judicial officers who are found by superior courts to have deliberately exercised powers they do not possess should face dismissal and public blacklisting.

“This will sanitise the judiciary, protect the integrity of honest judges and restore confidence in our democracy,” he stated.

Mekwunye further criticised what he described as controversial election judgments in Plateau State, alleging that certain appellate court decisions had the effect of imposing candidates rejected by voters on the electorate.

He argued that such outcomes undermine democratic principles and weaken public confidence in electoral adjudication.

To address the issue, he called for an amendment to Section 246(3) of the Constitution to permit limited appeals to the Supreme Court in National and State Assembly election disputes where issues of constitutional interpretation or disregard of binding judicial precedents arise.

The SAN maintained that the overwhelming majority of Court of Appeal justices remain professional, competent and committed to justice. However, he lamented that honest judicial officers are sometimes subjected to punitive transfers or denied career opportunities for refusing to compromise their integrity.

He stressed that accountability should not be limited to serving judicial officers alone, insisting that judges who deliberately disregard constitutional provisions and binding precedents in election matters should be held responsible even after retirement.

Drawing attention to a previous Supreme Court pronouncement in the Manasseh case, Mekwunye noted that the deliberate disregard of constitutional provisions and binding authorities had been described by the apex court as “judicial misconduct of a very extreme proportion.”

He warned that history would not be kind to judicial officers who contribute to the erosion of democratic values through questionable interpretations of electoral laws and constitutional provisions.

The senior advocate concluded by urging stakeholders in the legal profession, the judiciary and government to work collectively toward strengthening democratic institutions, ensuring credible elections and restoring public confidence in the administration of justice.

According to him, a transparent, accountable and independent judiciary remains indispensable to the survival and growth of Nigeria’s democracy.