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Unfettered Power: Democracy and the Nigerian Judiciary By Osa Iyinbo
Since the inception of the current administration of President Umaru Musa Yar’adua, Nigerians have begun to reap some of the benefits associated with the democratic process, such as the true meaning of separation of power and respect for the rule of law; the recent amicable resolution of the “Ettegate” scandal by the National Assembly without outside interference and the unrestrained enforcement of judicial decisions are case in point. Hopefully, Nigerians will come to the realization that political positions are not family heirloom and that the judiciary is not an appendage of either the Executive or Legislative Arms of government.
As one of the biggest beneficiaries of a democratic Nigerian, the courts, armed with a presidential declaration to respect the independence of the other branches of government (a promise which the administration has so far honored), have bared their fangs and unleashed their powers, particularly on the political sector. In the last few months, the courts have done the unthinkable overturning electoral decisions and enthroning new regimes. A few months back, this would have been unimaginable for Nigeria: a country plagued by corruption in all sectors and at all levels of government; where politicians parade mediocre and neophytes as experts and take absolute delight in botched elections. In all, accountability gave way to “godfatherism” (and this became the norm) thereby damaging the peoples’ confidence in the entire system.
As time went by, the people anxiously awaited the day of reckoning; however, it came but in an unexpected fashion. The courts, including the electoral tribunals, gradually woke up from what appears to be a self induced coma, found their niche and have not held back. So far, the decisions that have emanated from the courts, with respect to the last general election and its outcome, have taken many by surprise. No doubt, these decisions have had profound effects on the peoples’ psyche and are likely to reverberate for years.
Today, the people’s faith in some of Nigeria institutions, not just the courts, are being restored. Confidence is slowly being entrenched while apathy turns to hope; thanks in large part to a vibrant judiciary. So far, the court decisions convey the semblance of fairness, impartiality and independence as is expected of this branch of government. Now, most Nigerians can unequivocally say that justice is blind and a respecter of no one. If this trend continues, the people are more likely to feel connected to their country and participate in its affairs, including the electoral process. On the other hand, politicians and political leaders will be disinclined to ridiculing the system.
As this new wave of judicial “activism” focuses on the political process, it is our fervent prayer that it trickles down to other facets of judicial determinations, including those that affect the “regular” folks. The decisions of the lower courts, the people’s gateway to justice, should reflect the same independence, fairness and impartiality currently exhibited by the Nigerian Supreme Court. Let the courts’ decisions be swift without sacrificing its major attributes –fairness and impartiality; let justice be blind to the dictates of the big and mighty; let it tilt in favor of those who actually deserve it based on adherence to the due process. Should this happen, the judiciary will earn the enviable position as the bastion of the common folks.
However, for the judiciary to function effectively, the courts must be brought to par with the dictates of modern society: equipped with both the human and material resources needed for them to function effectively. For instance, that the judges still write in long hands and conduct their own research is ridiculous. While the solutions may seem far-fetched and unattainable they are not insurmountable. The government must take the initiative and look into uplifting our judicial system and its ancillary agencies from the manual to mechanical or electronic age. But as a note of caution, the government must not attempt to tackle the entire problems all at once or provide a one-size-fit all solution to the problems besetting this arm of government.
It is generally agreed that the courts have enormous powers; however, they are not without bounds. They are constrained to work within the framework of the constitution and the relevant laws. While advocating for judicial independence and the provision of the necessary infrastructures that will enable it perform effectively, on their part, the courts must exercise some restraints in flexing their “newly found” powers. The Supreme Court in particular, which is often reluctant to reverse itself, must ensure that its decisions are reached, not based on expediency or judicial “activism”, but on the rule of law as applied to the facts. While courts’ activism are sometimes a welcome development, though some may frown at it, it should, however, be exercised without prejudice to legality.
Finally, as we commend the present administration for keeping to its promise to respect the rule of law, it must work with the judicial branch to ensure that all Nigerians reap the benefits of an independent and impartial judiciary. Equally, Nigerians must join hands with government to ensure that the successful implementation of its programs. The current postures taken by both the judicial and executive branches of government are beckons of hope to the ordinary citizens who, hopefully, will some day be rewarded for their patience.
Osa Iyinbo is an Attorney/Policy Analyst in New York City |