Justice in a Proxy Court -By Hon. Femi Oluwasanmi

The true essence of justice lies in deterring wrongdoing and promoting the collective good. This fundamental principle necessitates the existence of an impartial arbiter, an institution vested with the responsibility of discerning right from wrong using standards acceptable to the majority within a society. In Nigeria, this role is constitutionally assigned to the judiciary, which derives its authority from the Constitution, judicial precedents, and other extant laws. It is expected to function as a neutral umpire, free from external influences and manipulation.

However, recent controversies surrounding the actions and inactions of certain judicial officers in Nigeria raise troubling questions. A close examination of the lingering dispute over local government administration in Osun State suggests the emergence of what may be described as a “proxy court”, a mechanism covertly operated by fifth columnists seeking to manipulate the judiciary from behind the scenes.

One glaring example is the curious relocation of a case filed by the Osun State Government, through the Attorney General, regarding the unlawful withholding of statutory local government funds. Shockingly, this critical decision was executed by a Personal Assistant to the Chief Judge of the Federal High Court, an individual with no official judicial capacity. This act is not only procedurally aberrant but also symptomatic of an expanding theatre of absurdity within the judicial arm of government.

Although Justice Emeka Nwite of the Federal High Court has scheduled a hearing for September 29, 2025, to determine the legality of the transfer, it defies both common sense and established legal procedure for a personal assistant—who is neither a judge nor a judicial officer, to sign, reassign, or relocate cases on behalf of a Chief Judge. This is especially egregious in a case involving sensitive intergovernmental issues in a federal system.

Unfortunately, instances of judges becoming entangled in the web of this “proxy court” are not new in Nigeria. There have been several past cases of judges being arrested and prosecuted for participating in corrupt and clandestine deals. Under the previous administration, the Department of State Services (DSS) raided the homes of some judges, leading to the recovery of large sums in both foreign and local currencies. Several of these judges were alleged to have amassed properties and wealth far beyond their lawful earnings.

Although the current administration has not recorded such dramatic infractions, suggesting a degree of institutional respect and reform, the judicial maneuverings in the ongoing Osun local government crisis raise serious concerns. The pattern implies that certain invisible hands are influencing judicial decisions, particularly when they align with partisan interests.

This interference has had a profound and detrimental effect on the operations of local government in Osun State. It has emboldened agents of destabilization at both the federal and state levels, enabling them to persist in undermining democratic institutions and public welfare.

For example, the continued seizure of local government funds has significantly affected grassroots governance. Local governments are the closest tier of government to the people, and their incapacitation directly undermines service delivery and development. The rumoured plan, allegedly being orchestrated within the “proxy court”—to release these withheld funds to the APC-Yes or No chairmen and councillors just 23 days before the expiration of their disputed tenure, constitutes a grave injustice. It is a blatant affront to the people’s will and a flagrant disregard for the principles of fairness and equity.

At this critical juncture, the judiciary still has the opportunity to redeem its integrity. It must deliver a judgment that reflects the will of the people and upholds the rule of law. It must affirm that legal processes cannot be hijacked by individuals who have no judicial authority, such as a Chief Judge’s Personal Assistant. The court must also investigate the rationale behind relocating the case from Osun to Abuja. Even if logistical concerns initially justified the move, a more appropriate reassignment would have been to Lagos or another neutral jurisdiction, not the nation’s capital, where the leading actors in the axis of distablization can quickly apply their remote control to influnce judicial decision.

Moreover, since the conditions that allegedly necessitated the transfer to Abuja are no longer valid, it would be prudent to return the case to Osun State. Doing so would dispel the perception that the Attorney General of the Federation, Mr. Lateef Fagbemi, who served as lead counsel to former Governor Gboyega Oyetola at the 2022 election tribunal—is seeking to influence judicial outcomes in the case by proxy. This is because the infamous use of colloquial expressions like “lo lo… bu ga wan” to declare Oyetola’s victory in the controversial tribunal judgment still remains fresh in public memory and only intensifies the suspicion of bias.

Now is the time for the judiciary to act with transparency and courage. Justice must not only be done but must be seen to be done. Any attempt to manipulate judicial processes, especially through backdoor channels, is a betrayal of the trust reposed in the legal system by the Nigerian people.

Hon. Femi Oluwasanmi,
Special Assistant to the Governor of Osun State,
Secretary, Ijesa South SAs Forum,
Admin, Osun State Special Assistants Forum.