By Afolabi Morenikeji, Aina Bibitayo, and Ajala Christianah
In Nigeria, the independence of the judiciary which is the vital safeguard against tyranny and abuse of power is increasingly under threat. While the constitution promises impartial courts, the lived reality tells a different story. Political interference, financial dependence on the executive, and weak enforcement of court rulings have left many questioning whether the judiciary can still serve as the last hope of the common man.
A Constitutional Ideal in Practice
The Nigerian Constitution (1999, as amended) guarantees judicial independence by vesting judicial powers in the courts. It empowers the National Judicial Council (NJC) to oversee appointments, discipline, and funding of the judiciary. But in practice, several forces blur the lines between the judiciary and the political class.
“Judicial independence means that judges are free to decide cases impartially, based solely on the law and facts, without undue influence from the executive, legislature, political parties, or private interests,” said Olorunfemi Joshua, a final year law student. His definition captures the constitutional ideal but not necessarily the Nigerian reality.
According to Mr. John Mayokun Dada, a legal practitioner and former Secretary of the Nigerian Bar Association (NBA) Ilorin Branch, judicial independence in Nigeria is “not absolute.” He noted that while the structure may appear sound, the judiciary remains financially dependent on the executive.
“It is the executive that pays the judiciary… so whoever pays the piper dictates the tune,” Mr. Dada said. He emphasized that this dependence subtly influences judicial behavior, especially when judges are aware that their appointments may have been politically motivated. “Even if the executive does not call the judge,” he explained, “the judge on their own may think, ‘I got here because of XYZ,’ and that could affect their decisions.”
The Shadow of Political Influence
The process of appointing judges in Nigeria has also raised concerns. Mr. Dada argued that political actors often lobby for candidates who might later preside over cases involving them or their allies. “This can influence a judge’s neutrality,” he said.
Oladele Oyedamola, another legal practitioner, agrees that Nigeria’s judiciary suffers from “both direct and indirect political influence.” He cited the 2019 suspension of Chief Justice Walter Onnoghen by the executive as a landmark event that shook confidence in judicial autonomy. The action, taken shortly before the general election, was criticized locally and internationally as a breach of due process and a blow to judicial independence.
Oyedamola also pointed to frequent disregard for court orders. “We have instances where the judiciary gives orders, for instance, restraining orders and governors ignore them and proceed with demolitions or other actions,” he explained. These incidents, he said, suggest that the judiciary is viewed as subordinate to political power.
Another notable example is the case of Omoyele Sowore, a journalist and activist whose continued detention by the Department of State Services (DSS) in 2019 occurred despite court orders for his release. “Such disobedience undermines the authority of the courts,” Oyedamola said.
A Generation Disillusioned
Among law students, many of whom aspire to become judges or legal advocates, these issues are deeply troubling. “The judiciary is supposed to be the last hope of the common man,” said Badmos Abdulrahman Bamilola, a final-year law student at the University of Ilorin. “But today, that hope is fading. When people see judges bend to political pressure, they start to lose faith in the justice system.”
Olorunfemi Joshua expressed concern over inconsistencies in high-profile rulings, such as during the 2023 Presidential Election Petition Tribunal. “The outcome raised questions,” he said, “and when there is no transparency, people assume there’s political influence, whether or not it actually happened.”
Still, both students maintained that the judiciary could reclaim its credibility, but only if urgent reforms are implemented.
Reforms the System Can’t Ignore
Legal practitioners and aspiring lawyers interviewed for this report all spoke in the same direction that, that the judiciary cannot function independently without financial autonomy. “Judges must not depend on the executive for funding or salaries,” said Mr. Dada. “That’s the beginning of true independence.”
They also called for transparent appointment processes based on merit, not political loyalty. Mr. Oyedamola noted that the National Judicial Council (NJC) must be empowered to act independently and enforce discipline consistently. “If the NJC remains passive,” he said, “the system will continue to rot.”
Bamilola emphasized the importance of institutional reform: “Even court staff must be accountable. If a registrar takes a bribe to misplace a case file, that undermines the whole system.”
Joshua added that young lawyers have a role to play, not just as future judges, but as ethical advocates: “We must speak up against injustice, uphold the law in our own practice, and not be part of the problem.”
Conclusion
The integrity of Nigeria’s democracy rests heavily on the independence of its judiciary. When the courts become vulnerable to political influence and financial manipulation, justice becomes selective, trust in the system erodes, and the rule of law weakens.
The voices of young legal minds and practitioners interviewed in this piece reflect a growing frustration, but also a deep yearning for reform. Safeguarding judicial appointments from political interference, ensuring financial autonomy, and instilling a culture of integrity are not just legal necessities; they are democratic imperatives.
If Nigeria is to remain a nation governed by laws and not by men, then the judiciary must rise above compromise. The cost of failing to do so is too great — for justice, for democracy, and for every citizen who seeks fairness in the face of power.