BY: Sunny Orbih
Veritas University Abuja
Nigeria’s democracy, modeled after the American presidential system, has struggled to achieve the balance of power envisioned by the principle of separation of powers. The judiciary is often perceived as the weakest of the three arms of government in Nigeria, largely due to its dependence on the executive for appointments and funding. This dependence has led to a culture of impunity, where the executive and legislative arms routinely disregard court orders and judicial decisions, undermining the judiciary’s role as the guardian of the constitution and the rule of law. This disregard for the judiciary is not only a threat to democracy but also a reflection of the systemic weaknesses in Nigeria’s governance structure.
Over the years, there have been numerous instances where the executive and legislative arms of government have blatantly disregarded court orders, including those from the Supreme Court. This disregard for judicial decisions has negatively impacted on the principles of the rule of law and created an imbalance in the democratic structure of the country.
One major perceived reason for this persistent disobedience is the fact that judicial officers, including judges and justices, are not elected by the people in accordance to democratic tenets but are appointed by the executive after being nominated by the judicial council. This system makes them vulnerable to political interference, as those who appoint them can also influence their removal. As the saying goes, *“He who pays the piper dictates the tune.”*
To address this issue and strengthen Nigeria’s democracy, I propose; *Representative Judiciary*, a system where judicial officers, such as the Chief Justice of Nigeria, Supreme Court justices, appellate court judges and states high court judges, are elected by the people through a democratic process after clearance by the judicial council. Additionally, it should be an impeachable offense for any executive or legislative officer to disobey judicial pronouncements or court orders. This reform will ensure that the judiciary is truly independent and capable of enforcing its decisions without fear of retaliation.
Cases abound in Nigeria where the executive and legislative arms of government have ignored or undermined court rulings. Some notable examples include:
1. Early 2025, the Edo State Governor; Senator Monday Okpevholo unilaterally suspended elected local government councils chairmen and replaced them with caretakers despite a Supreme Court ruling affirming the constitutional autonomy of local governments as the third arm of the federal system practiced in Nigeria. The Supreme Court had in 2024 affirm that state governors lack the power to interfere in the affairs of the democratically elected local government administration, yet the Edo State Governor proceeded with the suspension using the state assembly. This action was a direct violation of the Supreme Court’s decision and constitutional provision, demonstrating the executive’s disregard for judicial authority.
2. The Nigerian Senate recently suspended a female Senator; Natasha Akpoti-Uduaghan for six months, despite standing a court order prohibiting such action pending a proper investigation of the substantial issue. Her suspension came after she accused the Senate President; Godswill Akpabio, of sexual harassment. The Senate’s decision to ignore the court order highlights the legislative arm’s tendency to undermine judicial authority when it serves their political interests.
3. During President Muhammadu Buhari’s tenure, there were multiple instances where court rulings were ignored. One such case involved the continued detention of former National Security Adviser (NSA) Sambo Dasuki, despite several court orders granting him bail. Similarly, the government disregarded court rulings ordering the release of pro-Biafra activist Nnamdi Kanu on multiple occasions. These incidents reflected the executive’s habit of disregarding the judiciary when its decisions were unfavorable.
4. While there are cases where court orders are ignored, there are also instances where the judiciary has been used as a political tool. For example, controversial judicial decisions have been made in high-stakes election disputes, often appearing to favor the ruling party or influential politicians. This raises concerns about judicial independence and the undue influence of the executive and legislative arms over the courts.
Nigeria’s democracy, modeled after the American presidential system, has failed to work effectively due to cultural, political, and institutional differences. Unlike in the United States, where judicial independence is well-established, Nigerian judges often face pressure from the executive and legislative arms. This has led to selective justice, corruption, and a weakened rule of law.
To address these challenges, Nigeria must develop a democratic model that reflects her unique realities. One of the most effective reforms would be the introduction of elections for top judicial positions. This would ensure that judicial officers are accountable to the people rather than to the executive that appoints them.
Under this model, key judicial officers; including the Chief Justice, justices of the Supreme Court, and judges of states would be elected by the people. These elections would follow a transparent screening process conducted by the Judicial Council to ensure that only qualified legal professionals contest for judicial offices. The Judicial Council will vet and clear candidates based on their legal qualifications, experience, and integrity.
Candidates would be non partisan and would campaign based on their legal philosophy and commitment to upholding the rule of law, rather than political affiliations. The elections will be conducted alongside general elections, allowing citizens to vote for judicial officers just as they vote for the president, governors, and legislators.
Once elected, judicial officers would serve a fixed term, such as four or eight years, without the possibility of reelection. They would only be removed if need be through impeachment by a judicial tribunal composed of judges and legal experts, ensuring that politicians have no power to remove them.
We could further strengthen the judiciary by making disobedience of Court Orders an Impeachable Offense for the executives and legislators: Any executive or legislative officer who disobeys a court order would face automatic impeachment proceedings. A special judicial panel should be established to oversee cases of judicial disobedience and recommend impeachment when necessary. This will ensure that court rulings are respected and that the judiciary is not treated as a subordinate arm of government.
*Benefits of Representative Judiciary:*
1. By electing judicial officers, they will no longer be beholden to the executive or legislative arms. Their independence will be strengthened, allowing them to make impartial decisions without fear of political retaliation.
2. When citizens have a direct say in who becomes the judge of the courts including the appellate courts and Chief Justice or Supreme Court justices, they will have greater confidence in the judiciary’s ability to deliver justice fairly. This will reduce perceptions of corruption and bias in the judicial system.
3. Making disobedience of court orders an impeachable offense will ensure that all arms of government respect judicial decisions. This will create a more balanced and functional democracy where laws are upheld and enforced.
4. Since elected judicial officers will not owe their positions to politicians, they will be less likely to deliver controversial verdicts in favor of the ruling elite or party. This will reduce cases where the judiciary is used as a tool for political gains.
In conclusion; Nigeria’s democracy is at a crossroads, and the current system is failing to uphold the rule of law due to the undue influence of the executive and legislative arms over the judiciary. The frequent disregard for court orders and the political manipulation of the judiciary have weakened public confidence in the legal system.
To address this, Nigeria must adopt a democratic model that ensures judicial independence. Electing key judicial officers and making disobedience of court orders an impeachable offense will go a long way in strengthening the judiciary and enhancing democracy. By giving the people, the power to choose their judicial officers, Nigeria can build a legal system that is truly independent, accountable, and committed to justice.
