These are undoubtedly challenging times for the image and reputation of the Nigerian Judiciary. Over the past few years, this esteemed branch of government has been mired in controversies, dishonor, bullying, ridicule, intimidation, and outright disregard. Consequently, public trust in the judiciary has been steadily eroding. Recent political events have only exacerbated concerns about the perceived lack of independence and integrity within the Nigerian judicial system.
Two noteworthy incidents have intensified these worries. The first occurred during the valedictory session of the 9th Senate, where Senator Adamu Bulkachuwa, an outgoing lawmaker representing Bauchi North senatorial district, confessed to interfering with the “freedom and independence” of his wife, Justice Zainab Bulkachuwa, while she served as a judge and President of the Court of Appeal. Senator Bulkachuwa’s admission raised serious questions about favoritism within the judiciary and cast doubt on the legitimacy of judgments rendered during his wife’s tenure.
The second incident transpired during President Bola Tinubu’s Democracy Day broadcast on June 12th. In his address, the President made a statement declaring that “unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated.” This statement, interpreted by the opposition as a veiled threat to the judiciary, was seen as an encroachment on the judiciary’s domain. Both Senator Bulkachuwa and President Tinubu faced widespread condemnation for their comments on the judiciary, further exacerbating the perception of judicial intimidation and interference from the legislative and executive branches of government.
Prominent figures within the legal community and opposition parties were quick to voice their disapproval. Olisa Agbakoba, a former president of the Nigerian Bar Association (NBA), called for the immediate arrest of Senator Bulkachuwa, labeling his confession as a disgrace to the country’s institutions. Similarly, rights lawyer Malcolm Omirhobo expressed concern that Bulkachuwa’s confession undermined the dignity of the judiciary and could lead to a loss of trust in court judgments.
The main opposition party, the Peoples Democratic Party (PDP), also criticized President Tinubu’s remarks, pointing out that he lacks the constitutional authority to determine the legality of court orders. The party accused Tinubu of hypocrisy, citing his recent use of a court order to prevent the Nigeria Labour Congress from going on strike. The PDP’s response exemplified the growing loss of confidence in the legal system among citizens who perceive judicial decisions as susceptible to manipulation.
The declining image of the judiciary has far-reaching implications for society. A weakened judicial system not only undermines accountability and encourages impunity but also erodes social order and weakens respect for the rule of law. Seyi Olawumi, chairman of the Nigerian Bar Association, Ikeja Chapter, highlighted the loss of public confidence in the legal system and the disturbing trend of clients seeking to bribe judges directly.
To restore the tarnished reputation of the judiciary, a comprehensive overhaul is necessary. In other jurisdictions, cases handled by judges implicated in such situations would be thoroughly investigated, and appropriate measures taken to deter similar occurrences in the future. It is crucial to note that the issue at hand does not question judicial independence but rather exposes the caliber of individuals appointed as judges.
To address these concerns, it is imperative to reevaluate the criteria for selecting judges and prioritize merit over connections or familial ties. By appointing judges based on their qualifications, legal acumen, and experience, rather than personal connections, the judiciary can begin to restore public confidence. Additionally, the Nigerian Judicial Commission (NJC) must fulfill its responsibility to monitor judges’ activities, particularly in light of the increasing instances of contradictory judgments.
This matter cannot be swept under the rug. It warrants a comprehensive and critical examination. The NJC must play a proactive role in investigating cases like Senator Bulkachuwa’s confession, as they confirm fears that judgments may be driven by personal interests rather than a commitment to justice. Only through such thorough introspection and corrective measures can the judiciary regain public trust and live up to its vital role as the last hope of the common man.