Controversial Court Orders And The Future Of Nigeria’s Democracy -By Hajia Hadiza Mohammed

Modern day Democracy is government by representation that thrives on checks and balances. There are three arms of government – the executive, the legislative and the judiciary. The legislative arm makes the laws and exercise oversight functions over the other arms of the government. The executives executes the laws while the judiciary interprets the laws. Each arm of the government complements the other and act as checks and balances in the system.

In a democracy, each arm of the government is expected to be independent for that is the only way that they can function more effectively without interference. But unfortunately, in Nigeria the legislative and the judicial arms of the government seem to have subordinated their powers to the executives thereby conceding undue powers to the executives, making the president act like a despotic king who does what pleases him.

It necessary here to highlight some of the important functions of the judiciary in a democratic government. The judiciary interprets the law, the constitution and legal statutes, defining the scope and meaning of laws enacted by the legislature. They do adjudication of rules, settling disputes between individuals, corporations and between individuals and the state, in civil and criminal cases. They also reviews actions of the executives and legislative arms of the government to ensure compliance with the constitution and play advisory roles by giving opinions on legal matters. The judiciary do administration of justice, determine cases and upholding legal justice. The judiciary ensures the rule of law and the protection of the fundamental rights and liberty of the citizens and hence it is regarded as the last hope of the common man. But, when the judicial system is compromised, the checks and balances in the system is broken down, it will lead to dictatorship and authoritarianism.

Thus, because of the sensitive role of the judiciary, Judges and judicial officers are supposed to be men of integrity, noble in character and conduct since they handle cases involving peoples’ lives, future, and destiny etcetera. It is believed that all judges and magistrates that give judgments are careful and circumspect since every judgment serves as a legal precedent. But, in Nigeria, it seems quite different. Judgments are delivered with reckless abandon; sometimes for personal or parochial reason without recourse to the law. Thus, in Nigeria, it is said that we have judgment without justice.

In Nigeria of today, nobody believes in the judiciary anymore. The judiciary is no longer the bastion of hope for the common man. Justice in Nigeria is at the whims and caprices of those at the corridors of power or at best it is on cash-and-carry basis. The government agencies do not obey court orders; they select which orders to obey. The judiciary in Nigeria is filthily corrupt. The judges consort with politicians and people of doubtful characters.

It is the light of this that many concerned Nigerians are worried about the judicial abracadabra and voodoo justice system that is in place in Nigeria. A few days ago, many observers were shocked about the court judgment that seems to give the Nyesom Wike group control of the PDP, the party that Wike is working very hard to destroy since he lost his bid to get the party’s presidential ticket in the 2023 general election. In fact, since his appointment as the FCT minister by Asiwaju Bola Ahmed Tinubu, he has done everything possible to diminish the party’s strength including a threat or attempt to pull down its headquarters in Abuja. He has been doing anti-party activities, openly campaigning for the ruling APC and yet the court recognized his group as the authentic group in the depleted party.

Many have asked to know if indeed wike is still a member of the PDP. And many observers have also wondered why a court of competent jurisdiction would give judgment in Wike’s favor when it is public knowledge that he has one leg in PDP and another in the APC? In truth, Wike’s utterances and conduct since the judgment indicates that he may have influenced it. Besides the fact that Wike’s wife is one of the FCT judges, it is in the news that the FCT minister built duplexes for judges in the FCT and this it was believed to be for the purpose of influencing court judgment. Everyone knows that the FCT has serious housing deficit. House rent is soaring to the mountain top. More than one half of FCT residents do not have decent accommodation.  But, Wike did not build mass housing for the FCT vulnerable class, the retirees, the teachers or the health workers but single out the judges for this housing largesse. Oh what a benevolent minister that Wike is!

The result of the failure of the judicial system can have devastating effects on every sphere of national life. When the judiciary is hijacked, it becomes a dangerous tool in the hands of politicians, it will create a culture of impunity, oppression and intimidation. And this will create instability. When nobody trusts the judiciary, people will resort to self-help and jungle justice and other unorthodox means to handle conflicts that will lead to violence and lawlessness. And in the political sphere, it will lead to apathy and indifference to civic responsibility. All these are what we are witnessing in Nigeria at present. Nigeria your destiny is still in your hands. Exercise your electoral duties and bring a government that will restore stability in the system and help build the future that we desire. Long live Nigeria!

Hajia Hadiza Mohammed 

hajiahadizamohammed@gmail.com

An actress, social activist, politician

London, UK