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Nigeria’s Judiciary Faces Crisis of Confidence Amid Political Capture and Slow Justice

Chief-Justice-of-Nigeria-Olukayode-Ariwoola

In a session marking the new legal year on November 27, 2023, Nigeria’s Supreme Court highlighted issues afflicting the country’s judicial system, yet failed to offer concrete solutions. Led by Chief Justice Olukayode Ariwoola, the event also served as an opportunity for introspection on the judiciary’s performance, which has become a focal point of public distrust due to perceived politicization and inefficiency.

During the ceremony, Ariwoola swore in 57 new Senior Advocates of Nigeria (SANs), among them a lawyer whose family had waited 32 years for a legal case to resolve — a vivid illustration of Nigeria’s painfully slow judicial processes. Senior Advocate Ebun Sofunde recounted this case, alongside another 18-year legal battle involving Lagos State, to underscore the plight of ordinary litigants and the judiciary’s failure to offer timely justice even to powerful entities like state governments. His remarks were a clarion call for reform, lamenting the judiciary’s plummeting public confidence and questioning if it could ever be restored.

However, responses from judicial leaders lacked clarity or urgency. Attorney-General Lateef Fagbemi offered little beyond congratulatory platitudes for the new SANs. Meanwhile, Chief Justice Ariwoola’s address oscillated between self-congratulation and defensiveness, claiming the judiciary “fared well” in the previous legal year while simultaneously promising future reforms. He urged judges to disregard “mob” voices, seemingly dismissing public concerns as irrational, yet acknowledged that public trust remains the ultimate measure of judicial success.

Ariwoola’s speech failed to address allegations of nepotism that have raised serious concerns about integrity within the judiciary. Notably, his son was recently appointed as a Federal High Court judge, sparking controversy over qualifications and fairness. Additionally, recent judicial appointments have included the CJN’s relatives and those of other high-ranking officials, fueling perceptions of cronyism within Nigeria’s judicial system.

Data shared during the session further highlighted the judiciary’s struggles, with political cases now comprising nearly half (49.8%) of Supreme Court appeals, up from 10.67% just two years ago. The court’s output, meanwhile, has declined by 6.69%. This shift underscores concerns that the judiciary has been co-opted into the political arena, rendering it less effective in delivering justice for ordinary citizens and more beholden to political actors.

Despite these revelations, Ariwoola appeared dismissive of these issues, neglecting to view this moment as an opportunity for meaningful reform. The judiciary’s alignment with political interests has led to a crisis of faith in the system, as legal professionals and the public increasingly see the courts as a “mob” more concerned with personal allegiances than impartial justice.

In the end, the Supreme Court’s new legal year session laid bare a judiciary in urgent need of introspection and reform. Without proactive measures to restore public trust, reduce case backlogs, and address cronyism, the Nigerian judiciary risks deeper erosion of public confidence, leaving only a semblance of justice in its wake.

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