As important as the judiciary is to the sustenance of the rule of law and democracy, so much will be expected from this all-important arm of the government ahead of the 2023 elections, with searchlights also beamed at it, writes Davidson Iriekpen
There is no doubt that in the 22 years that Nigeria has witnessed uninterrupted democratic rule, the judiciary has played a key role in the sustenance of the rule of law. This all-important arm of the government has made serious interventions where its attention was needed.
As one of the three arms of government, its journey is germane vis-a-vis the political and constitutional development of the country. For those who have been following events in the country since the enthronement of democracy in Nigeria, the judiciary has tremendously helped to shape civil rule.
As the third arm of the government, it has clearly played its role in deepening democracy with several landmark decisions. Not only has the country witnessed vibrancy in the judiciary, it has also seen landmark constitutional interventions, especially on electoral matters, towards deepening democracy. ‘Stolen’ electoral mandates have been restored while key constitutional disputes that could threaten national unity have been resolved.
As it became famous for its interventions, so it has been disparaged, depending on which divide the assessor is. On many occasions, many have cause to query the rationale behind the ‘judicial usurpation of peoples’ power to determine who they want as their leaders.
However, it has not only been accolades for the judiciary, as the events surrounding the annulment of elections by tribunals opened a pandora box in the sector. It was such that accusations of unethical conduct and corruption among the top echelon of the judiciary deeply eroded public confidence in the integrity and impartiality of the judiciary.
In the developed world with firm roots in democracy, the judiciary is central to effective governance and central element of civil society – the sole adjudicator over the political, social and economic spheres. As the third arm of government, it acts as a check on the executive and the legislature.
But in Nigeria, this statement is fast- becoming a literary expression and cliché as the reality is becoming a mirage. Due to political and other influences, the judiciary is not living up to public expectations. Its integrity is being questioned because of the poor conduct of some judges.
Currently, Nigerians see the judiciary in two perspectives. While some have commended this all-important third arm of government for some landmark cases that have redirected the country from certain precipice, with some of its conducts, others have wondered if it is not serving other ends than ensuring that litigants obtain justice.
This impression is not misplaced. From time to time, some office holders within the judiciary either through forceful inducement or unlawful enticement have attempted to entangle the judicial system in the abominable vice of compromising justice.
To most Nigerians, one of the worst things that have befallen the judiciary, like every other thing in the polity, is subjecting it to a lot of politics. This has not only undermined its performance and perception but threatened its integrity, to the extent that its decisions are now subject to doubts.
To a lot of Nigerians, one of the major problems the judiciary has is its snail-speed in dispensing justice. This has led to loss of faith in the judicial system and made a mockery of the system widely perceived as the last hope of the common man.
The common men are the categories of people in the society that the third arm of government is supposed to serve because of their vulnerability. This set of the people either have their cases delayed while they wait in limbo or are out-priced. Like a scholar recently put it, “court proceedings have now become cash and carry. Justice now goes to the bidder.”
Observers have argued that the sustenance of democracy and development is largely dependent on building and maintaining solid structures that guarantee the rights of every citizen, ensure speedy dispensation of justice and provide the framework for peaceful co-existence among people irrespective of their socio-political or economic standing.
It is true that there have been isolated cases of bad eggs within the judiciary in terms of corruption, bribery, compromise of cases and others.
Such isolated cases have not only been promptly dealt with by the NJC, they have also succeeded in diminishing or dimming the good work of a vast majority of hardworking judges, who have shown exceptional courage and activist orientation in handing down judgments that have deepened democracy, promoted good governance, protected civil rights and liberties, shielded the rule of law from assault and fought corruption in governance.
Apart from that public disagreement and accusation of infractions, there are many ridiculous decisions taken by the judiciary that infuriated the public.
Interestingly, the judiciary has also embarked on self-cleansing exercises. Trying very hard to redeem its battered image, the NJC had frowned at some of those ridiculous decisions and wielded the big stick in some cases. A few judges have been sanctioned through demotion, dismissal, suspension and compulsory retirement.
Beyond funding, one problem the judiciary is currently grappling with is conflicting judgments and orders. The issues became pronounced during the last adjudication of the electoral process. At the Court of Appeal level, Nigerians were constantly inundated with conflicting and discordant judgments. So bad was the issue that the Supreme Court had to intervene.
The frustration, to many Nigerians, is accentuated by the fact that since the enthronement of democracy in 1999, two arms of government – executive and legislature – have not left much to be desired but the judiciary which prides itself as the hope of the common man is intermittently wobbling.
Therefore, from now till after the 2023 elections, not only would so much be expected from the judiciary, for the sustenance of the rule of law and democracy, searchlights will also be beamed at it to see how it acquits itself.
Little wonder aware of the critical role the judiciary will play as the 2023 general election draw nears, President Muhammadu Buhari urged it to remain an honest arbiter in the role it plays in the both at the pre and post-election stages and ensuring the sanctity of democratic processes.
His words: “As the 2023 general election draws near, the significance of the legal profession becomes even more pronounced considering the vital roles you play in the electioneering process, both at the pre and post-election stages. I hope you maintain the position of an honest arbiter,” Buhari said at the inauguration the Body of Benchers Complex in Abuja.
