…Says country at the precipice
By Henry Uche
The Human and Environmental Development Agenda (HEDA Resource Centre) has in its latest special report identified cracks and loopholes in the Nigerian Judiciary. The cracks has in recent time manifested in lack of independence, corruption, delays in dispensing justice, bias and discrimination, as well as erosion of public trust.
The loopholes identified are evident in ambiguities, and weaknesses in the laws or legal procedures that can be exploited either deliberately or inadvertently, to escape accountability, delay justice, or manipulate outcomes.
At the unveiling of the Leadership Approval Rating (LAR), Volume Five, titled: “Voices for Justice: A Civic Lens on Nigeria’s Judicial System – Documenting Public Experiences, Opinions & Reform Demands” the Executive Secretary of HEDA, Mr. Arigbabu Sulaimon, said the journey to deepen democratic accountability, transparency, and strengthen the institutions that underpin national progress is a collective one.
HEDA’s scribe stressed “This report, like previous ones, underscores our unwavering commitment to ensuring that public institutions are not only transparent and efficient, but also remain answerable to the people they are meant to serve.
“As the final arbiter of justice, the judiciary serves as both the constitutional guardian of our rights and liberties, and the bedrock upon which any form of governance depends and nation is built. Its role in upholding the rule of law cannot be overstated. We must confront an uncomfortable reality—Nigeria’s judiciary is facing a serious credibility crisis”
Sulaimon maintained that allegations of corruption, in efficiencies, and political interference have significantly eroded public confidence in the judiciary. To him, this was not a theoretical or abstract concern, but a daily reality of millions of Nigerians who turn to the courts to either defend their rights, seek redress, resolve conflicts, arbitrate in corporate disagreements, and pursue justice.
However, he said when public trust in the judiciary is compromised, the very legitimacy of Nigeria’s democratic framework is at stake. “The Leadership Approval Rating is more than just a report. It is a mirror held up to power; reflecting the views, frustrations, and hopes of everyday Nigerians”
In this fifth volume, HEDA provided empirical insights into how citizens across the country perceive the judicial system. Its data – gathered from 1,357 participants across all 36 states and the FCT – offers a clear, people-centered perspective. According to him, these are not just statistics; but live experiences and unfiltered voices of the Nigerian people.
“The findings in this report are sobering and demand urgent attention. They challenge us to ask critical questions about judicial independence, the ethical conduct of legal practitioners, and the extent to which the judiciary defends human rights – especially in its interactions with law enforcement agencies.
“At HEDA, we strongly believe that public accountability must be rooted in public perception. Citizens’ opinions about the judiciary are not just a measure of institutional performance; they are a call to action. Only by listening to these voices can we begin to chart a realistic path toward meaningful reform.
“They include ensuring full judicial autonomy, reforming the National Judicial Council to enhance its effectiveness, leveraging technology to increase transparency, and fostering ethical professionalism within the judiciary and legal practices which are imperatives for restoring public trust and safeguarding the integrity of our administration of justice”
He admonished every adult Nigerian to join forces to demand accountability, probity, independence and transparency of the judiciary. “The judiciary can only function effectively when it earns and maintains the trust of the people it serves. Its legitimacy must be built not only on constitutional mandates but also on public confidence.
“Let it serve as a tool for both reflection and redirection. Let it empower reformers within and beyond the judiciary to take bold, transformative action. And above all, let it remind us of the shared responsibility we all carry in building a justice system that reflects the highest ideals of fairness, integrity, and democracy”
Supported by Africa Centre for Energy Policy, HEDA’s investigative report concluded that after almost Seven decades of oil exploration: Politics and corruption has continue to ignite agitations for recognition, equitable treatments and environmental justice from the host communities and stakeholders.
The report called for the prioritization and implementation of critical provisions of the PIA to entrench institutional integrity to enhance commitment to regulatory and oversight mandates of ministries, departments and agencies (MDAs) of the oil and gas sector. This, according to its findings, is the only way to guarantee commitment of actors in the sector to fulfil their parts of the bargain of responding to the needs of the host communities.
The document affirmed that the already- worsening land degradation and destruction of livelihoods with attendant poverty and the squalid conditions of the host communities would be made more perilous, if divestment and decommissioning by IOCs are allowed to lead the abandonment of facilities.
Thus, the demand for transparent and equitable management of oil resource has been that of continuous struggle from stakeholders who demand environmental justice and equitable recognition of the host communities.
“The government ought to appreciate that, issues relating to divestment as well as decommissioning and abandonment of assets by oil companies elicited concerns among local communities and stakeholders. The host communities demand urgent action from the federal government and multinational companies to address the ongoing environmental crisis, provide basic amenities, and ensure accountability in the use of PIA funds”
By way of recommendations, the anti- corruption civil group called for an unequivocal commitment to the enforcement of the implementation of provisions Petroleum Industry Act (PIA) by Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and other regulatory agencies.
Secondly, as an advocate for good governance, they sought for a strengthened collaborations among the CAC, anti-corruption agencies, Nigerian Extractive Industry Transparency Initiative (NEITI) and NUPRC against abuse and corrupt practices in MFs’ bid and award of contracts in the oil sector.
Also, there should be an engagement of society organisations and actors in the monitoring of bid process to enhance transparency and accountability as well as to reduce the propensity for institutional abuse and corruption.
Again, more inclusive engagement of host communities and stakeholders on decisions and timeline of divestment and decommissioning to prevent abandonment and risks of environmental degradation and pollution in the host communities must be observed.
More over, an involvement of host communities to create opportunities for benefits and ownership in the sales and disposal of assets arising from divestment and decommissioning should be a top priority.
HEDA demanded for increase investments in Corporate Social Responsibility (CSR) by International Oil Companies (IOCs) and key players in the oil sectors, to deepen transformational changes beyond transactional interventions in the host communities.
“Accountability platforms and relevant stakeholders within civil society groups should demand observers’ status from NUPRIC to legitimise oversight roles in bidding process as well as awards of contracts in the oil sector to discourage flippancy and impunity by prospective beneficiary owners, public officials and political influence peddlers. The ultimate objective is to build public trust towards enhancing the integrity of the process.
“The federal government through the relevant ministries, departments and agencies (MDAs) should foster the ideal of open government in the implementation of the Host Communities Development Trusts (HCDTs). This is imperative towards ensuring that the decision-making process as well as management of resources earmarked for the oil-producing communities are carried out in transparent, participatory and collaborative manner”
The civil group added that host communities should enjoy right of first refusal benefits in the event of asset disposals arising from divestment as a way of addressing the challenges of abandonment.
“Public enlightenment and engagement of stakeholders are imperative in demanding commitment for the implementation of relevant provisions of PIA that directly affect interest of the public and, in particular, the concerns and expectations of the host communities and their inhabitants” the report recommended.