Traditionally, the courts play a crucial role in upholding the rule of law in every society.
Political science teaches that there are three arms of government – legislature, judiciary and executive. While the legislature makes laws, the judiciary interprets laws, especially where disputes arise, while the executive enforces or implements the law. With this arrangement, adequate checks and balances are brought to bear and ensure that no single arm of government is overbearing; that is the ideal.
The judiciary, represented by the courts, also provides a forum for individuals to seek redress for grievances and hold those in positions of authority accountable. Without the courts, there would be no mechanism for resolving disputes or protecting the rights of individuals against tyrannical deployment of power and might.
In a diverse and complex country as Nigeria, an independent judiciary that can interpret and enforce the law impartially, without fear or favour, is sacrosanct. By providing a forum for the resolution of disputes and the determination of legal rights, the courts help to prevent abuses of power and ensure that the people are treated fairly and equitably under the law. Without the courts, there would be no platform for holding government officials and other actors accountable for their actions, resulting in a culture of impunity and lawlessness.
Moreover, the courts are essential for promoting the rule of law and ensuring that all individuals are equal before the law. Without the courts, there would be a breakdown of trust in the legal system and the erosion of individual rights and freedoms.
Furthermore, the courts are essential for upholding the principles of democracy and protecting the rights of individuals against abuse of power as well as ensuring that laws are applied fairly and consistently.
In a democratic society, it is imperative to have an independent judiciary that can make the government and other institutions take responsibility for their actions, and ensuring that citizens rights and freedoms are protected. Without the courts, there would not be any means of safeguarding the rule of law and preventing abuses of power, as it is clear that the courts are critical in upholding the rule of law and ensuring justice for everyone.
Therefore, it is crucial to recognise the important functions that the courts serve in a democracy and work towards strengthening and improving the judicial system to ensure that justice is served for all the citizens.
It is a tragedy that the judicial system in Nigeria is flawed and has failed to meet these expectations. The ensuing dispiritedness has landed human rights activist and lawyer, Dele Farotimi, in an Ekiti prison for ‘crudely’ voicing out his frustrations and allegedly defaming legal luminary, Aare Afe Babalola.
The lawyer should be set free. He is also a victim of the faulty system and there’s nothing to gain from keeping him further behind bars. The harm has already been done to him, to Aare Babalola and, worst, to the entire judicial setup in Nigeria where rancid corruption crawls unhinged and normal.
The challenge before Aare ‘this evening before sunset’ is to leave another legacy that he was one of those who fought to clean up the mess in Nigeria’s judicial system, not just criminal justice but also civil. Many civil matters have been criminalised by crooked police and judges who care not about the harsh judgment of history. I plead with Aare to forgive, and let Farotimi go.
The Nigerian judicial system has become a workshop for the devil to perform all manner of travesty. It is as a result of unholy acts in the system that former President Muhammadu Buhari threw out Justice Walter Onnoghen, as Chief Justice of Nigeria to enable him perpetrate abhorrent electoral heist in this country and he ended up incinerating the glory of Nigeria with his ignoble and dithering administration. The ceaseless pervasion is such that the notion that Nigeria would be better off without the courts is fast gaining wide acceptance.
Even the Inspector-General of Police, Kayode Egbetekun, while speaking at the 2024 Annual Lecture/Award Ceremony, organised by the Crime Reporters Association of Nigeria (CRAN), admitted the rot, adding that a wholesome justice system would positively affect everyone.
Nevertheless, where there are no courts of law, the result would be anarchy and chaos. It is because of the circumstances of a healthy judicial system that the court is often referred to as the last hope of the common man. What a hope!
Some may argue that Nigerian courts are inefficient, corrupt and contribute to a culture of impunity. The Nigerian courts are a citadel for anti-democratic quirks.
It is shameful to see courts of co-equal jurisdiction countermanding one another, depending on the desires of the piper, dictating the tune. Political jobs men have polluted the courts through prevalent forum shopping, making pliable judges to assume extra-jurisdictional powers to decide cases far flung from their areas.
The mess has become overbearingly putrescent, especially under the present regime of ‘go to court’. Of course, everyone understands what that means, where your opponent could be inside the judge’s chamber, dictating the judgment.
Now the courts have become pariahs; no more respect even for the few straight judges. Nobody knows the one with a stomachache or a clear conscience.
To make matters worse, government litigants choose which court ruling to obey or not to obey. Yet, the courts keep sitting. Would it not be better to insist that their rulings are obeyed instead of wasting their time churning out ineffectual judgments?
There are not only so many ‘charge-and-bail’ lawyers but also sleazy senior lawyers, who accept useless briefs and continue to manipulate the system for unending adjournments. The wheel of justice grinds so slowly in Nigeria and, here, justice delayed is justice denied.
Endemic corruption is a major issue that plagues the Nigerian courts. This has resulted in a lack of trust and faith in the judicial system such that even when it is in the right people just sneer.
The integrity and independence of courts are essential pillars of a functioning democracy, yet the prevalence of bribery, influence peddling, and other forms of malfeasance continue to plague the judicial sector.
Sadly, corruption within the Nigerian judiciary has long been a pervasive issue that undermines the rule of law and erodes public trust in the legal system.
Corruption in Nigerian courts has deep roots in the historical fabric of the country’s judiciary. From bribery and undue influence to nepotism and delay tactics, the types of corruption practices evident in Nigerian courts are diverse and pervasive. Tackling these corrupt practices requires a multifaceted approach that addresses the underlying systemic issues.
One key step towards ridding the Nigerian courts of corruption is to ensure transparency and accountability through the enforcement of strict regular audits, transparent appointment processes, removal of political meddlesomeness, and strict punishment for those found guilty of corruption.
Furthermore, the Nigerian courts must also work towards fostering a culture of integrity and ethics amongst its judges and staff. Training and retraining programmes on ethics and professionalism should be mandatory and continuous for all members of the judiciary.
Also, appropriate mechanisms should be put in place to promote whistleblowing and reporting of corrupt practices. By instilling a sense of moral responsibility and ethical conduct, the courts can create a convenient environment for fair and just rulings, free from any external influence.
Moreover, it is crucial to provide adequate funding and resources within the judiciary. Insufficient resources, poor remuneration, and lack of a conducive work environment and residence can make judicial officers susceptible to corruption. A situation where judges have to cry to members of the executive for help, even for official needs is unwholesome.
Ultimately, saving the Nigerian courts from axiomatic corruption will require a concerted effort from all stakeholders, working together towards a common goal of transparency, accountability, and integrity.
The legitimacy of the courts in Nigeria has come under serious scrutiny and many suggest that they are not serving the best interests of Nigerians, suggesting that it is time we agreed to trash the courts or preserve them through the enthronement of standards. The system can yet regain the trust and confidence of the people by upholding the principles of justice and fairness. That is if only a few upright judges rose to sanitise the system.