Is a Politicized Judiciary Destroying Nigeria’s Governance? OAGF Trapped in a Web of Chaos, by John Egbeazien Oshodi

The ongoing legal and political turmoil in Rivers State highlights a troubling trend in Nigeria’s governance, where judicial decisions and executive actions are increasingly influenced by political maneuvering rather than strict adherence to the rule of law. Recent developments, including contradictory statements from federal officials and contentious court rulings, have laid bare significant flaws in the country’s governance structure and judicial integrity.

Contradictory Stances and Governance Inconsistencies

Bawa Mokwa, spokesperson for the Office of the Accountant General of the Federation (OAGF), exemplifies the inconsistency plaguing Nigeria’s governance. Initially, Mokwa announced the withholding of Rivers State’s October 2024 federal allocation due to a court order, stating firmly, “We are going to obey the court order. As long as there is no contrary order, the status will remain.”

Yet, within days, Mokwa reversed this position, citing a notice of appeal as justification to release the funds. “Since there is a notice of appeal, it overrides the earlier court judgment. Rivers will be paid,” Mokwa claimed. This abrupt and contradictory shift raises serious concerns about the federal government’s motivations—whether decisions are being guided by legal principles or manipulated for political advantage.

Now, the OAGF finds itself caught in the middle of a highly politicized battle, unable to present a clear and consistent stance. This confusion not only erodes public trust but also paints a picture of a governance system heavily influenced by political expediency.

Justice Joyce Abdulmalik: At the Heart of Controversy

Justice Joyce Abdulmalik of the Federal High Court has emerged as a key figure in this saga. Her October 30, 2024, ruling invalidated Governor Fubara’s 2024 budget, declaring it unconstitutional due to its presentation to a four-member faction of the Rivers State Assembly. She further ordered the Central Bank of Nigeria (CBN) to withhold all allocations to Rivers State, effectively paralyzing the state’s governance and finances.

Critics have accused Abdulmalik of overstepping her jurisdiction and delving into state matters where Abuja judges have no business. By interfering in state-level governance, her ruling has sparked outrage among those who view such interventions as a blatant disregard for constitutional principles and federalism. This continued intrusion into local state issues by Abuja judges has cast a shadow over the judiciary’s impartiality.

Observers contend that Abdulmalik’s decision relied heavily on the disputed legislative faction led by Martin Amaewhule—a figure loyal to Minister of the Federal Capital Territory (FCT) Nyesom Wike. The perception that this ruling serves the interests of a “power-drunk man,” as Wike has been described, further deepens the judiciary’s credibility crisis.

The Broader Governance Crisis

This chaos reflects a systemic failure in Nigeria’s governance, where both the judiciary and executive are entangled in political rivalries instead of focusing on the nation’s pressing challenges. While Abuja judges intrude into local state matters, economic instability, insecurity, human rights abuses, and social issues continue to worsen.

Instead of addressing these urgent national concerns, the Rivers State crisis has become a battleground for political egos and power struggles. President Bola Tinubu, Attorney General Lateef Fagbemi, and Chief Justice of Nigeria (CJN) Justice Kudirat Kekere-Ekun must urgently intervene to restore order. They need to address not only the Rivers State situation but also the judiciary’s increasing politicization, which threatens the very fabric of Nigeria’s democratic system.

Amid this turmoil, the Court of Appeal, led by Justice Hamma Barka, has reserved its judgment on the Rivers State case after closing arguments on November 22, 2024. The anticipation surrounding this decision highlights the judiciary’s critical role in resolving the crisis. However, the federal government’s conflicting positions, coupled with judicial overreach, risks tainting even this ruling.

This confusion is not good for the judiciary, especially Abuja judges, whose continued meddling in local state matters has become a source of national shame. Many are now questioning whether Justice Barka’s panel can rise above the chaos and deliver an impartial ruling that restores faith in the judiciary, or whether it will add yet another chapter to Nigeria’s governance failures.

As the nation awaits the Barka panel’s decision, this case stands as a litmus test for the judiciary’s ability to rise above political interference and deliver justice. However, the troubled Supreme Court may eventually be drawn into the fray, and its actions will also come under intense scrutiny. With its credibility already under question, the Supreme Court will face immense pressure to demonstrate impartiality and uphold the rule of law. Good God, Nigeria cannot continue like this—mired in judicial confusion, political manipulation, and governance failures. The stakes have never been higher, and the time to act is now.

Professor John Egbeazien Oshodi, born in Uromi, Edo State, Nigeria, is an American-based police and prison scientist, forensic/clinical psychologist, public policy psychologist, and legal psychologist. He’s a government advisor on forensic-clinical psychological services in the USA and the founder of the Dr. John Egbeazien Oshodi Foundation for Psychological Health. With a significant role in introducing forensic psychology to Nigeria through N.U.C. and Nasarawa State University, he’s also a former Secretary-General of the Nigeria Psychological Association. He’s taught at esteemed institutions like Florida Memorial University, Florida International University, Nova Southeastern University, and more, and is currently an online faculty member at ISCOM University,  Weldios University and Walden University.