Judiciary Under Siege – Ex-Imo NBA Chairman Laments Loss of Independence

Due to political meddling and insufficient finance, the judiciary no longer represents the true hope of the average citizen, according to Barr LUC Nwakaeti, the former chairman of the Nigeria Bar Association (NBA) in Owerri, Imo state.

He claimed that the independence of the judiciary is essential to guaranteeing that justice is administered impartially and fearlessly, and that it is the cornerstone of democracy, the custodian of democratic values, and the defender of the constitution.

The idea of judicial independence, as the final resort of the average person, is, according to Nwakaeti, in reverse in Nigeria.

In Owerri, the capital of Imo state, the former NBA Chairman gave this statement as a guest speaker at the opening of the NUJ Work station on the theme of “the roles of judicial institutions in a democracy.” He claimed that the idea of judicial independence in Nigeria only existed in theory and that judicial decisions, particularly in political cases, are subject to the whims and caprices of the executive branch of government.

He claims that it is disheartening to think that the idea of judicial independence, which is the final resort of the average person, is in reverse gear and has been widely violated in Nigeria in recent years. Even across all types of courts, recent rulings on well-established legal matters—known to lawyers as judicial precedent—have been widely misused. Comparable to a nonexistent concept, the judiciary’s role appears to be in limbo. Although the system is supposedly independent in theory, it is actually susceptible to manipulation by the other branches of government. One cannot say that the long-standing “separation of powers” principle, which assigns the legislative, executive, and judicial branches of government the governmental functions of enacting laws, enforcing laws, and interpreting laws, respectively, is effective.

The statement goes on to say that Nigerian democracy is seriously undermined, and that the rule of law, individual liberties, and rights are mostly ignored or subject to the whims and fancies of the ruling minority.
As the last resort for the average citizen, the judiciary has failed to live up to expectations since it is now subject to political influence and meddling rather than functioning independently from the other arms of government.

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Judicial corruption, inadequate funding and resources, political interference, case backlogs and delays, and the appointment process are some of the many reasons that jeopardize the success of the aforementioned scenario. According to me, this final factor has become appointments to judicial positions a spousal gift, a generational prerogative, and a means of influencing others. It is not as merit-based as it once was.

A functioning judiciary, according to Nwakaeti, should be able to resolve disputes that inevitably result from unhealthy competition for political power as well as prohibit the misuse of authority by the government and its agents.

Therefore, it is undeniable that a functioning judiciary will be able to manage disputes that inevitably arise from unhealthy competition for political power in addition to controlling the misuse of authority by the government and its agents. A judiciary capable of fulfilling its historic duties of defending civil freedoms, the rule of law, and democratic principles must be the focus of all efforts.

In addition, he stated that for Nigeria’s court to function more effectively, it must not only be well-funded but also that appointments to the judicial system be made solely on the basis of merit rather than at the whim of the president. In light of the recent NJC ruling in Imo State, judicial officers ought to possess both intellectual and moral integrity as well as knowledge of how justice is administered. Only individuals 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.