THE role of the judiciary in Nigerian politics assumed a heated debate at a webinar held in honour of prominent human rights lawyer and former Chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu, a professor, on Thursday, June 12.
Experts who spoke at the event with the theme, “The Selectorate: When Judges Topple the People”, argued that the judiciary has become an active participant in shaping the country’s political landscape, often to the detriment of democracy.
One of them, Inibehe Effiong, a human rights lawyer, said the judiciary has been instrumental in determining who occupies political offices, rather than the electorate. He cited the example of lawmakers in Plateau State, who were put in office by the courts despite not winning elections.
“The Supreme Court took an opposite decision, but on the basis of the decision of our courts, we now have lawmakers in Plateau, both at the National and the State Assembly, who never won an election. But they have been put in those positions by the courts based on a dispute in the political party,” the lawyer stated.
On his part, a founding executive director at the African Centre for Leadership, Strategy & Development (LSD), Otive Igbuzor, attributed this trend to the judiciary’s colonial roots and the English system of law, which he said is amenable to manipulation. He called for value reorientation, mobilisation of citizens, and a redefinition of democracy.
“I am not a lawyer, but the English system of law, based on evidence and all of those kinds of things, is amenable to manipulation,” he stated.
Accordig to him, Nigeria’s judiciary has lost public trust due to corruption and the degeneration of values.
He said the “judicialization of politics” allows the judiciary to determine election outcomes, rather than the electorate, noting that the judiciary has become an active participant in a flawed system.
Dayo Olaide, an international development professional, highlighted the dangers of civilian takeovers, citing examples from Senegal and other countries.
He emphasised the need to understand the judicialization of elections as part of a larger problem of democratic erosion.
“The big picture for me is the fact that what we are seeing and now categorising as electorate is part of a bigger crisis of democracy in the continent and that is the civilian takeovers that we are seeing across the continent,” Olaide stated.
Olaide warns of an imminent collapse of democracy in Nigeria and across the continent due to the judicialization of elections and civilian takeovers.
He argued that the judiciary’s role in determining election outcomes undermines democracy and leads to unaccountable governments.
To address this, he proposed stripping the political class of the power to appoint judges, judicial reforms, and independent reviews of election petition outcomes. He also suggested “naming and shaming” judges who compromise democracy.
The experts warned of an imminent collapse of democracy in Nigeria and the continent at large. They pointed to the dangers of an unaccountable government disconnected from citizens and the weaponisation of the judiciary.
The webinar highlighted the need for a holistic approach to addressing the crisis of democracy in Nigeria and beyond, as the experts noted that the judiciary’s role in shaping politics has far-reaching implications for the country’s future.
A reporter with the ICIR
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