Barr LUC Nwakaeti, the former chairman of the Nigeria Bar Association (NBA) in Owerri, Imo state, claims that the judiciary has achieved independence because political meddling and a lack of financing have made it less viable for the average person.
As the custodian of the constitution, the judiciary is the cornerstone of democracy, he said, and its independence is essential to guaranteeing that justice is administered impartially and fearlessly.
But according to Nwakaeti, Nigeria is in reverse mode when it comes to the idea of judicial independence and its role as the final resort of the average citizen.
In his remarks as a guest speaker 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 claimed that 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.
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He claims that the idea of judicial independence, which is the final resort of the average person, has recently been in reverse gear and is extensively violated in Nigeria. Courts of all kinds have mainly exploited recent rulings on long-standing legal matters, which attorneys refer to as judicial precedent. The function of the judiciary is akin to a nonexistent concept and appears to be in limbo. The system is considered to be independent in theory, but in reality, the other branches of government can easily influence it. It is impossible to claim that the long-standing “separation of powers” paradigm, which assigns the legislative, executive, and judicial branches of government the distinct responsibilities of enacting laws, enforcing governmental laws, and interpreting laws, is still in effect.
“Nigeria’s democracy is seriously undermined, and the rule of law, individual rights, and liberties are mostly ignored or subject to the whims and caprices of the powerful minority,” the statement continues.
The court no longer acts independently of the other arms of government, but rather is now influenced by politics. As a result, it has not lived up to the expectations of the average citizen as his last hope.
Political meddling, judicial corruption, case backlogs and delays, inadequate funding and resources, and the appointment process are some of the many variables that jeopardize the success of the aforementioned scenario. This final factor, in my opinion, has transformed appointments to judicial positions into a spousal gift, a hereditary entitlement, and a matter of influence. It no longer operates on the same principles as before.
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 agencies from abusing their authority, according to Nwakaeti.
It follows that a functioning judiciary will not only prevent the government and its agencies from abusing their power, but it will also be able to handle the conflicts that always arise from unhealthy competition for political dominance. Every attempt should be made to ensure that the judiciary can fulfill its historical responsibilities of defending civil liberties, the rule of law, and democratic principles.
He went on to say, “The Nigerian judiciary must not only be well-funded but also appointed based solely on merit, not at the whims and caprices of the executive branch, in order to be more efficient.” 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 (taking into account the recent NJC’s decision in Imo State). Judicial officers should also be knowledgeable about the administration of justice and have sound moral and intellectual principles.
