Opinion
Judicial Manipulation: Threat To Democracy
The judiciary in Nigeria is one of the three arms of the Federal Government. It is represented by the courts, including the Supreme Court, Court of Appeal, Federal High Court, High Court of States and FCT, Sharia Court of Appeal of States and FCT, Customary Court of Appeal of States, and other courts authorised by law. The judiciary is responsible for interpreting the law and upholding the rule of law. The strenght and muscle of the judiciary at upholding the rule of law, is predicated on its independence of existence and function from other arms of government. Thus, the independence of the judiciary is guaranteed by the 1999 Constitution of the Federal Republic of Nigeria, to ensure that judicial officers are free from outside pressure or influence as is visible in some political interferences in the exercise of their judicial functions.
This makes the judiciary an essential institution in any democratic political setting. But can the judiciary ever be said to be absolutely independent when the appointment and dismissal of its key officers for example judges, solely rest on the executives and the security of tenure and remuneration of the former, are strictly determined by the latter?
This singular relationship has not made it easier for the judiciary to actually maintain its neutrality and dispense judgment without fear or favour. From all indications, Judicial manipulation which refers to the improper influence or control of the judicial process by individuals or groups outside of the judiciary, is becoming a growing concern across the globe, including Nigeria. This can take many forms, such as bribery, coercion, and political pressure. The consequences of it are severe and far-reaching as it not only undermines the integrity of the legal system, but also erodes public trust in the judiciary, and denies justice to individuals and communities. In Nigeria, the judiciary has faced numerous challenges in recent years, including political interference, corruption, and lack of resources. Judicial manipulation is often associated with authoritarian or dictatorial regimes, where the rule of law is not respected, and the judiciary is not independent. However, it can also occur in democratic societies, where the judiciary is subject to political pressure and other forms of influence. One of the most significant forms of judicial manipulation is the use of political pressure to influence judicial decisions. This can take many forms, including the use of political rhetoric to sway public opinion and the application of political pressure on judges to rule in a particular way.
Another form of judicial manipulation is the use of bribery and other forms of corruption to influence judicial decisions. This can include the payment of bribes to judges or other court officials, as well as the offer of other forms of inducement, such as lucrative business deals or other benefits. Judicial manipulation can also take the form of coercion, where judges are threatened or intimidated into ruling in a particular way. This can include the use of physical violence, as well as other forms of harassment or intimidation. However, it can also occur in democratic societies, where the judiciary is subject to political pressure and other forms of influence. As I read about the recent developments in Rivers State, I could not help but wonder if the judiciary is being manipulated for political gain. Former Vice President, Atiku Abubakar, has raised some serious concerns that warrant attention.
Atiku has warned the judiciary to avoid actions that could lead to unrest in Rivers State, particularly in response to the Federal High Court’s decision to suspend all financial transactions with Rivers State. He suspects that certain groups associated with the Federal Government are influencing judicial decisions behind the scenes. I share his concerns about the rationale behind Justice Joyce Abdulmalik’s order, especially since Rivers State has already appealed the prior Court of Appeal ruling regarding the legality of its 2024 budget. Atiku pointed out that the Court of Appeal’s decision deemed the Rivers State budget illegal due to its passage by an incomplete assembly, instructing Governor Siminalayi Fubara to reintroduce the budget for approval. Despite the Rivers State Government’s notice of appeal to the Supreme Court, it is insinuated that elements within Bola Tinubu’s administration are allegedly seeking a judgment that undermines the Supreme Court’s authority.
This, according to Atiku, is unacceptable and has the potential to erode trust in our judicial system. Furthermore, legal expert Femi Falana (SAN) had warned about potential judicial manipulation, citing instances of gifts being presented to judges in Abuja. It is alarming that these warnings went unheeded, and I join Atiku in demanding answers. The judiciary must maintain its independence and impartiality to ensure justice is served.I urge the judiciary to take Atiku’s warnings seriously and ensure that their decisions are guided by the law, not political influence. The people of Rivers State deserve a fair and just resolution to this matter. However, despite these challenges, the judiciary remains a vital institution in Nigeria’s democracy, and its independence must be protected at all costs. To prevent judicial manipulation, it is essential to ensure the independence of the judiciary and the integrity of the legal system. This can include measures such as the establishment of an independent judiciary, the protection of judges from political pressure and other forms of influence, and ensuring transparency and accountability in the legal system.
Additionally, promoting a culture of respect for the rule of law and the judiciary, and educating the public about the importance of an independent judiciary and the dangers of judicial manipulation, are crucial steps in preventing judicial manipulation. The Nigerian government must take concrete steps to address the challenges facing the judiciary and ensure its independence. This includes providing adequate resources, protecting judges from political interference, and promoting transparency and accountability in the legal system. Furthermore, civil society organisations and the media have a critical role to play in promoting judicial independence and exposing instances of judicial manipulation. Judicial manipulation is a serious threat to democracy and the rule of law in Nigeria. It is essential that we take steps to prevent it and ensure that the judiciary is able to function independently and impartially. The future of Nigeria’s democracy depends on it.
Sylvia ThankGod-Amadi
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