Bode George: Nigerians deserve a justice system they can trust, not a system that appears to reward judicial impunity

*AN OPEN LETTER TO THE NATIONAL JUDICIAL COUNCIL (NJC)

The imperative to preserve the sanctity, independence and integrity of the Nigerian judiciary

The Honorable President,
National Judicial Council,
Abuja, Nigeria.

Dear my Lord,

I write as a concerned citizen, democrat and member of the Board of Directors of the Peoples Democratic Party (PDP), compelled by recent developments that raise serious questions about public trust in the administration of justice and the role of courts in safeguarding constitutional democracy.

The question before the Court was anything but frivolous. It arose from an action initiated by the president and members of the board of directors of the People’s Democratic Party. The action aimed to force the Independent National Electoral Commission (INEC) to respect and give effect to existing rulings of the Supreme Court, the Court of Appeal and the Federal High Court by updating its official portal to reflect the authentic faction of the Peoples Democratic Party led by Chief Kabiru Tanimu Turaki, SAN recognized by the rulings, rather than continuing to recognize the faction led by Wike.

Instead of first determining the substantive constitutional questions before it, including whether INEC had a legal obligation to comply with such existing rulings and amend its official documents accordingly, the Court dismissed the action as a waste of judicial time and proceeded to award costs of ₦140 million against the Board of Trustees and another ₦10 million against the attorney.

It is the biggest joke in the civilized international community today. Morally and ethically, is it possible for a child to expel his father from his home while his father is still alive?

The Wike faction claimed to have expelled permanent members of the party leadership, the gatekeepers of the party. What a joke!
Despite this absurdity, the judge concluded in his ruling that we were wasting the court’s time.

Our constitutional system is based on the hierarchy of courts and the binding authority of judicial precedents. The decisions of the Supreme Court are final and binding on all persons and authorities throughout the Federation. Likewise, decisions of the Court of Appeal and other higher courts are not matters of discretion to be observed or ignored at will. The rule of law demands faithful obedience to existing judgments until overturned by a court of competent jurisdiction. No administrative authority, however constituted, has the legal authority to ignore or delay the enforcement of an existing judgment of a court of competent jurisdiction unless and until such judgment is set aside by a superior court.

The issues raised by this ruling go far beyond the internal affairs of the People’s Democratic Party. They go to the very heart of constitutional governance and the administration of justice in Nigeria.

Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), confers the judicial powers of the Federation on the courts and places on the judiciary the solemn responsibility to interpret and uphold the Constitution without fear or favour.
Likewise, every judicial officer takes an oath to administer justice impartially, faithfully and in accordance with the Constitution and laws of the Federal Republic of Nigeria.

When litigants approach a court seeking enforcement or enforcement of existing rulings of the Supreme Court, the Court of Appeal and the Federal High Court, they are invoking one of the fundamental principles of constitutional democracy: that the rulings of relevant courts must be respected and obeyed. It is therefore imperative that such matters receive full judicial consideration on the merits, since the authority of the courts is based not only on the sentences they render, but also on the confidence that all parties have been fairly heard and that the Constitution has been faithfully applied.

The National Judicial Council, established under paragraph 21 of Part I of the Third Schedule to the Constitution, has the constitutional responsibility to safeguard the independence, integrity, discipline and ethical standards of the Court. This responsibility goes beyond the discipline of judicial officers; includes preserving public confidence in the judiciary as an impartial guardian of the rule of law.
Whenever judicial decisions give rise to widespread public concern regarding constitutional fidelity, the Council cannot remain indifferent, since public trust remains the main source of institutional legitimacy of the judiciary.

The judiciary occupies a unique and sacred position in every constitutional democracy. It is the final custodian of the Constitution, the guardian of the rule of law and the last refuge of every citizen seeking justice. It is on this institution that the hopes of millions of people rest whenever the Executive or the Legislature falters.

It is in this constitutional context that I respectfully address the National Judicial Council regarding the growing public anxiety over judicial decisions that have generated widespread concern regarding the independence, impartiality and credibility of our courts.
Rightly or wrongly, whenever judicial pronouncements give rise to a reasonable public perception of political influence or constitutional inconsistency, confidence in the administration of justice is severely diminished. Such perceptions, if unaddressed, threaten not only the reputation of individual courts but the very legitimacy of the judiciary itself.

The Nigerian people deserve a justice system they can trust, not a system that appears to reward judicial impunity, encourage constitutional abuses, and accelerate the nation’s slide into institutional collapse.
No democracy can thrive where judicial recklessness is allowed to prevail or where political interference undermines the administration of justice. Such actions undermine the independence of the judiciary, diminish its integrity, weaken its moral authority and ultimately undermine the rule of law; the very foundation on which every constitutional democracy rests.

The National Judicial Council has both a constitutional and moral responsibility to ensure that the Court remains above reproach. The erosion of judicial integrity threatens not only individual litigants, but the very foundation of constitutional democracy. If justice is perceived to be compromised, the rule of law is weakened, public trust is destroyed and the legitimacy of democratic governance is jeopardized.

The independence of the judiciary is not a mere constitutional norm; it is the cornerstone of liberty, the safeguard against executive excess, and the assurance that no citizen is above the law and no one is beneath its protection. Once public trust in the courts begins to erode, the consequences extend far beyond the courtroom. Respect for legitimate authority declines, democratic institutions weaken, and the social contract on which the Nigerian state is built begins to fracture.

This is therefore a defining moment in our nation’s constitutional history. It requires courage, faithfulness to the judicial oath, and steadfast commitment to the principles of justice without fear or favor, affection or ill will. The National Council of the Judiciary must continue to demonstrate, both in facts and in determination, that the Judiciary remains isolated from any form of external influence and committed exclusively to respecting the dictates of the Constitution and the law.

History will judge this moment not by the silence of those entrusted with the administration of justice, but by whether they courageously stood up to defend the Constitution when it mattered most. The integrity of the judiciary is non-negotiable; it is the lifeblood of the Nigerian Republic.

The judiciary remains the last hope of the common man only as long as the common man remains convinced that justice is administered according to law, guided by the Constitution and not influenced by power or opportunity. The preservation of that trust is the solemn responsibility of every judicial officer and, ultimately, of the National Judicial Council itself.

I therefore respectfully call on the National Judicial Council to fulfill its constitutional mandate with the courage, impartiality and firmness expected of the guardian of judicial ethics and accountability. By doing so, the Council will not only preserve the honor of the Court, but will also reaffirm the confidence of the Nigerian people that justice in our country remains blind to political pressure and faithful only to the Constitution and the rule of law.

The future of the Nigerian Republic depends on nothing less.

Here I rest my case.

Best regards,

*CHIEF OLABODE IBIYINKA GEORGE, WITH
ATONA OODUA OF YORUBALAND