“The unfortunate strategy of winning elections In Nigeria is very simple: bribe INEC, bribe the judiciary, and commandeer the security, and you are done” – Sam Ahmadi
Harvard-trained Professor of Law and the Director of the Abuja School of Social and Political Thoughts, Prof Sam Amadi, in the extract above opening this week’s conversation, eloquently gave a summing up of the unconventional way elections are won in Nigeria. He identified the three institutions (INEC, Judiciary, and Security) whose failure has been responsible for the apparent retrogression of our democratic evolution In Nigeria. This week, our discourse will center on one of them, the judiciary in Nigeria, and the various tactics on display by the gladiators to compromise the institution that appears to have willing members playing along.
Prof Amadi’s position is supported by a recent survey conducted and published by the National Bureau of Statistics (NBS), in collaboration with the United Nations Office on Drugs and Crime (UNODC), Nigerian public officials received N721 billion in cash bribes in 2023, and Judges topped the list of recipients. The publication is a 160-page report title “Corruption In Nigeria:Patterns and Trends.”
There have been many discomforting means introduced by the political and business elite, especially those holding public offices, to hijack the judiciary through covert means. This method undermines the integrity and independence of the judicial system. These nefarious acts come in various forms, including bribery, corruption, and undue influence. When judges or judicial officials receive gifts or favors, it can create a conflict of interest and compromise their ability to make the required impartial decisions. As a result, the system is compromised, and public confidence is undermined, all leading to widespread disillusionment. The biggest fallout from this is impunity that threatens the very foundation of democracy.
These inducements come in various disguising forms, ranging from covert bribery to lavish hospitality, offering luxurious travels, accommodations, or entertainments, all designed to influence judges and curry their favor.
Two notable legal voices, one in academia, Prof Chidi Odinkalu, and the other a human rights legal practitioner, Femi Falana in different fora, described corruption in the houses being gifted to judges and justices by the Minister of the Federal Capital Territory (FCT), Bar Nyesom Wike. The Minister, who is already notorious for his devious efforts to control and maneuver the judiciary, had tried to shift the error to President Bola Ahmed Tinubu, his principal and notable partner in all the alleged judicial fixing in the contemporary times of our polity. Tinubu’s rushed offer of a 300% salary increase for judiciary officers in the country is still seen as an immoderate and fulsome favor.
The notion is strong in Nigeria today that if democracy finally collapses in the country as it’s inevitably going to, nobody should blame the politicians as we always do. All over the World nobody reasonably expects politicians to be good in behavior where interests are involved. Politicians always strive to maintain the ignoble status that made the legendary US versatile diplomat, and former Secretary of State, Henry Kissinger, say that ‘Ninety percent of politicians give the other ten percent a bad reputation.’
What it shows proportionately is that the good politicians in a society are just ten percent. Of the number, this figure could be worse in Africa. These politicians are mostly found in the executive and legislative arms of government and political parties. Those who crafted and designed democratic principles anticipated that in the struggle for interests, politicians in executive and legislative arms were going to be inordinate, hence the need to establish the third arm, the judiciary, to checkmate them; and the fourth arm, the media, to monitor and keep all of them accountable.
This third arm, known as the judiciary, was not to be politicians but well-lettered professionals who studied law and who should know and appreciate the importance of the rule of law in a democracy. They were to stand as the last janitor at the gate of democracy to interpret the law and punish offenders. No wonder they are often seen as the last hope of the unprivileged because of their envisaged neutrality and impartiality.
So, when a doorkeeper becomes the thief or connives with the burglar, then the security of the house will be compromised. That appears to mirror the state of Nigeria’s democracy where the judiciary, as the doorman, has connived with the robbers in the other arms of the government, the executive, and the legislature to vandalize the nation’s political space.
Since the founding fathers of democracy knew from inception that those inside the room were going to turn robbers at some point and successfully established a janitor at the gate, nobody should be surprised if the robbers decided to be a prototype or be amazed when the janitor joins them, the exact picture in the country today as the judiciary shamelessly abdicates its responsibility and leaves the house open for vandals.
The epileptic nature of our democracy today is largely because the Nigerian judiciary has absconded from its broad legal authority that enables it to address various cases and issues. That also helps it to provide effective checks on the other arms as well as ensure accountability and balance within the government. Nigeria’s judiciary has abdicated the strong constitutional foundation that granted its significant powers of shaping the legal landscape through judgments and interpretations.
Instead, it opened itself to corruption and various forms of political interference that resulted in poor recruitment of judiciary officers and its attendant inefficiencies.
In a manner that cannot be disputed or denied, Nigeria’s judiciary, as presently constituted, has variously established itself as incapable of contributing to deepening democracy in this country. Despite the enormous power given to it statutorily in this regard, Nigeria’s judiciary has so enmeshed itself in the filth of politics that its critical role in democracy as the third arm in the system is eroded.
No society is safe when the powerful person in the environment who has immense power over life and death goes berserk and turns on the people. All the political tension in our democratic environment today in this country stems from the fact that the fallback institution for adjudication is rightly perceived to be in a birdcage. It’s a strongly held view in our polity today that what Nigeria’s judiciary cannot do in the wrong does not exist, not after they made someone who came fourth Governor and two Senators who did not run for their party’s primaries Senators today, with one of them even leading the Senate.
Today, there exist two Emirs in Kano State and two legislative chambers in Rivers State, all consequences of our sullied judiciary. The roll call is legionary of the nation’s judicial abracadabra.
So, it’s usually not rosy for any nation in a democracy when it’s judiciary becomes the problem rather than the solution, it can have far-reaching consequences for justice, democracy, and society as a whole.
Such a situation throws up a huge challenge like Judicial bribery, influence peddling, or other forms of corruption that undermine trust, lead to political pressures or biases, and induce slow or ineffective dispute resolution processes. Under such circumstances, the Judiciary is made subservient to the executive or legislative branches.
Today, Nigeria is witnessing a judiciary of meretricious characteristics that comes with its attendant consequences of the erosion of public trust, flagrant violation of human rights, and all forms of injustice that result in the undermining of the democratic institution. It also comes with economic consequences, as foreign investors need to be assured of economic stability and the rule of law for the safety of their money. It’s also necessary to note that it’s when the judiciary has failed that the people try to solve problems their way through social unrest and conflicts.
Now, the question is, what’s the way forward to save our democracy and our nation? When the judiciary becomes the problem, it requires collective effort and commitment to reform and restore its integrity. The solution will entail a reform strategy that must involve constitutional amendments, legislative reforms, Judicial training programs, and strengthening of the recruitment process of judiciary officers, as well as embarking on a deliberate awareness campaign of catalyzing civil society and the media for more active roles in the monitoring of the sector.
Only when that is done will Nigeria’s judiciary be able to meet the global expectations as captured by US diplomat, Caroline Kennedy that “The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” God help us.