The judiciary has its independence since it is no longer the genuine hope of the average person due to political meddling and insufficient budget, according to Barr LUC Nwakaeti, the former chairman of the Nigeria Bar Association (NBA) in Owerri, Imo state.
He asserted that the judiciary is the cornerstone of democracy, the custodian of democratic principles, the guardian of the constitution, and that its independence is essential to guaranteeing that justice is administered impartially and fearlessly.
However, Nwakaeti claimed that in Nigeria, the idea of judicial independence—which is the final resort of the average person—is in reverse.
At the opening of the NUJ Work station, which focused on the roles of judicial institutions in democracies in Owerri, the capital of Imo state, the former NBA Chairman said that the idea of judicial independence in Nigeria only exists in theory and that judicial decisions, particularly in political cases, are influenced by the whims and caprices of the executive branch of government.
He says, “It is disheartening to think that the idea of judicial independence, which is the last hope of the average person, is in reverse gear and is largely observed in the breach very recently in Nigeria.” Even all types of courts have abused recent rulings on well-established legal matters, which attorneys refer to as judicial precedent. The judiciary’s function is akin to a nonexistent concept and appears to be in limbo. In principle, the system is considered independent, but in reality, it is susceptible to manipulation by the other branches of government. It is impossible to say that the long-standing “separation of powers” principle, which assigns the legislative, executive, and judicial branches of government the distinct responsibilities of enacting laws, enforcing and carrying out existing laws, and interpreting existing laws, is operational.
Furthermore, “Nigeria’s democracy is seriously undermined, and the rule of law, individual rights, and liberties are mostly ignored or subject to the whims and fancies of the powerful minority.”
Instead of functioning independently from the other branches of government, the judiciary’s powers and activities are increasingly subject to political influence and intervention, which has prevented it from fulfilling its intended role as the last resort for the average citizen.
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A number of concerns, including judicial corruption, inadequate funding and resources, political interference, case backlogs and delays, and the appointment process, are compromising the success of the aforementioned scenario. In my opinion, this final factor has transformed appointments to judicial positions into a spousal gift, influence peddling, and hereditary rights. Merit is no longer the basis for it as it once was.
According to Nwakaeti, a functioning judiciary should be able to resolve conflicts that inevitably result from unhealthy competition for political power as well as prevent the government and its agents from abusing their authority.
Therefore, there is no question that a functioning court will be able to manage conflicts that inevitably arise from unhealthy competition for political power in addition to preventing the government and its agencies from abusing their authority. Every effort must be made to ensure that the court can fulfill its historic responsibilities of defending democratic principles, civil freedoms, and the rule of law.
“The Nigerian judiciary must not only be well-funded, but appointments to the judicial system must be made strictly on the basis of merit, not at the whims and caprices of the executive branch,” he continued. (Remember the recent NJC ruling in Imo State.) Judicial officers should be morally and intellectually sound and knowledgeable about the administration of justice. Only those who are capable, honest, disciplined, brave, and willing to administer justice without fear or favor to all parties involved should be appointed as judicial officers.
