Agbakoba: Public Confidence in Nigeria’s Judiciary Has Fallen

Former Nigerian Bar Association President, Dr Olisa Agbakoba, SAN, has said there is a strong public perception that something is wrong with Nigeria’s judiciary, citing concerns over conflicting judgments, judicial appointments and the handling of election-related cases.

Speaking about the judiciary 66 years after independence, Agbakoba said he was reflecting the views expressed by the public rather than offering his personal assessment.

“Generally speaking, I am not giving my personal view. I am giving the view of what I see the public saying,” he stated.

According to him, many Nigerians believe the judiciary is performing below expectations because of perceived interference and uncertainty surrounding some court decisions.

“It seems to me that the perception of the public is that there is low performance on the part of the judiciary,” he said, adding that this perception is particularly strong in election petition cases.

Agbakoba also argued that courts should not be drawn into determining political office holders, saying the responsibility belongs to voters.

“The judiciary should resist the invitation to be lured into becoming an electoral umpire. That is not its function,” he said.

He noted that despite the concerns, there are still many capable judges serving in Nigeria.

“There are so many fine judges on the bench. There are so many brilliant and distinguished judges serving today,” Agbakoba said.

“But whether we like it or not, there is a very strong perception by the public that something is wrong.”

He attributed concerns over conflicting judgments partly to public suspicions about whether judges are adhering to their judicial oath.

“One is the public perception that judges are no longer following their oath and are influenced by considerations other than judicial considerations. Whether that is so or not, I don’t know,” he said.

Agbakoba also pointed to competence as another challenge, stressing that judicial appointments must be based on clearly defined standards.

“To be a judge is not an easy thing. You have to demonstrate competence,” he said.

He called for a more transparent appointment process, including public scrutiny of candidates for judicial positions.

According to him, if the NJC’s established criteria for appointing judges and justices are followed, it could help address some of the problems affecting the judiciary.

“If the NJC criteria for the appointment of High Court judges, Court of Appeal justices and Supreme Court justices are followed, I think it will go a long way towards dealing with the problem we have,” Agbakoba said.

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