Nigeria at 62 and Her Moves Towards Bold Transitions: Whither the Independence of the Judiciary!

By: Hameed Ajibola Jimoh Esq.

Today, the 1^st day of October 2022, Nigeria celebrates her 62nd Independence which is also a move towards her bold transitions as the 2023 general elections approaches which is also a celebration and or commemoration of the democratic independence which is part of the 62nd history that Nigeria celebrates today. I join other patriotic Nigerians to celebrate with Nigeria on this occasion!

Nevertheless, arising from the democratic principles of federalism that Nigeria practices especially since the 1979 Constitution of the Federal Republic of Nigeria (according to Constitutional history) is the independence of the judiciary. Sequel to the celebration of her independence being celebrated today, this paper is then enquiring if there is any future for the judiciary at all, having regard to the overdue sufferings that the judiciary suffers and having regard to the pivotal roles that the judiciary plays in the administration of justice and the fact that the judiciary is the last hope of the common man. Hence, this topic.

Nigeria’s history has passed different stages from Unitary to Military to democracy in her both constitutional and political histories. The recent death of Queen Elizabeth, the Queen of England II was also historic to the history of Nigeria due to the colonization of the then British-named Protectorates. The amalgamation of these Protectorates was indeed a landmark in the history of Nigeria. Nigeria suffered terribly at the hands of military invasion by a coup-de-ta! Constitutional suspension is the nature of this era! Lives were lost; property destroyed; some if not many who witnessed this ugly history could imagine those days had never come then! It left a permanent scar in their hearts! Seeing some of those who perpetrated some of those heinous offenses and or inhumanity of a man to another man still being alive, free, and even in control of the nation’s politics in today’s democracy brings about sleepless nightmares to these victims of the brutality that permeated the Military Rule in the history of Nigeria!

While some of our newly born- citizens who never experienced the inhumanity of the Military era expect more and or much Military intervention in Nigeria, those who were actually the victims of dehumanization; oppression; wickedness; mercilessness; among other evils were renown during the Military Rule especially being perpetrated by some of those Military officials, would never pray for the reincarnation of the Military Rule in Nigeria! T

hen, Nigeria rose through the ugly situations after her independence and the suspension of Military Rule, to a democratic system, which is another way, is said to be a transformation of Military rulers to democratic rulers- that is what some would define ‘democracy’ to mean, especially those victims of those Military inhuman acts! Then, ‘democracy’ guarantees ‘independence of the judiciary. Democracy guarantees the separation of powers among all three arms of government in such a way that one arm of the government is not superior to the other. Therefore, none of the three arms of government is superior to the other or inferior to the other.

They all enjoy equal autonomy. The democracy also establishes and guarantees ‘checks and balances among the three arms of government, to serve as a regulator of these arms and to ensure accountability and responsibility on the part of each of the arms. However, out of all these three arms, the observed insufficiency would convince anyone that the ‘judiciary’ suffers most than all the other two arms i.e. the Legislature and the Executive arms, especially in terms of ‘funding’. Hence, the controversy over the ‘independence of the judiciary by all and sundry citizens! I must quickly say here that, the judiciary’s independence historically, is not as old as Nigeria herself, having regard to the various political histories of Nigeria.

The question is, does the judiciary have any better future in Nigeria where its independence is only on paper rather than practically?! Only the future would tell! In my humble view, and with due respect, an independent judiciary would ensure ‘justice for all! Protection of human rights will only be possible where the judiciary is guaranteed its independence! The other two arms of government are encouraged to be their ‘brother’s keeper’ to the judiciary by ensuring that nothing erodes the independence of their brother- the judiciary! The fairness of the judiciary is a guarantee of ‘social justice’ to the citizens of Nigeria! Citizens would have full trust in a government that ensures the independence of the judiciary and free access to court to ventilate grievances where necessary!

In all these scenarios, corruption is deepened in the government system as almost all the three arms of government have continued to have been bitten by this infectious disease and being eaten deeply by the cankerworm with its parasitic nature, leaving her citizens in the hands of God for rescue as many citizens only thereby ‘suffer and smile’ as a result of loss of hope in the government’s system! The ‘smile’ is not a real smile but a symbol of that ‘pains’ to continue to bear and forebear to be strong to keep living! That is why, it is always said about ‘eradicating’ corruption (that is, to reduce corruption) rather than ‘to halt’ corruption in our system! Individuals are those who perpetrate these corrupt practices! The system is innocent of these corruption allegations!

Those individuals only abuse public privileges by using those government’s established institutions to perpetrate evils, especially upon the vulnerable and indigent citizens who have become indigent as a result of lack of social justice and as a result of the denial of their shares of national cakes by some of those they elected into government to rule them! The judiciary is being inhibited and put to a high degree of sufferings in the area of disbursement of funds! The legislature as an arm of government has refused, rejected failed, and or neglected to see this derogation upon the judiciary (a brother-arm of government) as any big deal! Both the legislature and the executive could determine their funding one way or the other. Only the judiciary has to be catered for by the other arms of government! Why the judiciary has to bear for this long?!

Of recent, issues of funding, almost 100% embarrassed the judiciary at the Supreme Court level! The insufficient but very low judicial emoluments have become permanent! Allocations of funds for administering the judiciary are just meagre! Therefore, it becomes difficult to administer justice and the indigent and victimized and oppressed citizens who seek justice from the judiciary (our courts) have to always pay with their ‘blood’ and ‘life’ to seek justice which does not mean the same as ‘getting the desired justice’! Then, as a result, corruption gained entrance into the judicial system unnoticed! If the judiciary is well funded but adequately, corruption will not just be eradicated but will be put to a halt!

Therefore, if Nigeria is celebrating the 62^nd of her Independence, is the judiciary a beneficiary of such independence where the judiciary is still dependent on its funding from the legislature to date?! I ask! I could only observe that the judiciary too is also undergoing the phenomenon of ‘suffering and smiling‘ as a perverted concept being experienced by some if not the majority of Nigerian citizens! Permit me to quickly add here albeit truthfully, that the suffering being experienced by the judiciary in terms of funding, is related to the legislature and not the executive! It is the legislature that controls the even distribution of revenues of the State and not the executive or the judiciary! So, the legislature has to hold the funding of the judiciary with compassion and serious duty!

One would come to realize that some of our executive arms of government are even trying their best in the various States of the Federation to rescue the judiciary out of its poverty through their various poverty alleviations packaged for the judiciary in their various budgets by donating charitable gifts and reliefs materials such: vehicles; housing; construction of courts, etc., which are normally the duties of the judiciary itself to provide for itself had the judiciary been financially prudent! The Executive Arm of government should also recognize the independence of the judiciary by obeying all court orders and ensuring that it backs the judiciary by ensuring that the citizens also comply with all orders of courts!

Finally, I wish Nigeria well on her Independence Anniversary being celebrated today! Nevertheless, it is my humble submission that the future of the judiciary lies in the hands of the other two arms of government and if they are ready to change the present status of the judiciary, then, justice would easily be administered and corruption would be put to a halt in Nigeria! I urge Nigerian citizens not to keep quiet but continue to engage the legislature and seek independence for the judiciary because the judiciary is connected to their fundamental rights enforcement and their social justice!

God bless the Nigerian Judiciary! God bless the Federal Republic of Nigeria!

Email: hameed_ajibola@yahoo.com