Written by Ella Michaels
The Nigerian judiciary is facing significant challenges that are undermining its effectiveness and independence. According to Mr. Lawrence Nwakaeti, former Chairman of the Nigerian Bar Association (NBA), Owerri Branch, judicial corruption, inadequate funding, political interference, case backlogs/delays, and the appointing process are some of the major issues hampering justice delivery in Nigeria.
Nwakaeti made this statement in a paper titled "Judiciary and the Role of the Media in Deepening Nigerian Democracy," which he delivered at the opening of the NUJ Workstation in Owerri. He lamented that the concept of judicial independence and the judiciary as the last hope of the common man is being eroded, with the role of the judiciary seeming to be "hanging in the air and can be likened to a nonexistent concept."
The system, he said, is independent in theory but easily manipulated by the other arms of government in practice. The age-long principle of separation of powers, which allocates governmental functions of law-making, enforcement/execution, and interpretation to the legislature, executive, and judiciary, respectively, is no longer functional.
Nwakaeti identified several factors threatening the effectiveness of the judiciary, including judicial corruption, inadequate funding and resources, political interference, case backlogs/delays, and the appointing process. He noted that the appointing process has turned appointment into judicial offices into a hereditary right, spousal gift, and influence peddling, rather than being based on merit.
To curb these factors and better fulfill its role in a democratic society, Nwakaeti said the judiciary in Nigeria must continue to improve its efficiency and effectiveness, address corruption and misconduct, and strengthen its collaboration and coordination with other institutions and stakeholders.
The judiciary, he said, must assert its independence, being a body created by the 1999 Constitution, and ensure that it is not subject to the whims and caprices of the other arms of government. Nwakaeti also emphasized the importance of a functional judiciary in checking the abuses of power by the government and its agencies and managing conflicts that may arise from unwholesome rivalry for political powers.
He urged journalists not to relent in reporting events, stressing that this is what will keep those in the corridors of power on their toes and help grow democracy and make society better. The media, he said, plays a crucial role in promoting transparency and accountability in government and holding public officials accountable for their actions.
The judiciary and media are crucial institutions in Nigerian democracy, and their independence and effectiveness are essential for promoting good governance and accountability. The government must respect the independence of the judiciary and media and ensure that they are not subject to undue interference or manipulation.
In conclusion, the Nigerian judiciary faces significant challenges that are undermining its effectiveness and independence. To address these challenges, the judiciary must assert its independence, improve its efficiency and effectiveness, and address corruption and misconduct. The media must also continue to play its role in promoting transparency and accountability in government.
*THE WAY FORWARD*
To strengthen the judiciary and promote democracy in Nigeria, several steps can be taken. First, the appointment process for judicial officers should be based on merit, rather than influence peddling or other forms of manipulation. Second, the judiciary should be well-funded and equipped to handle the complex cases that come before it.
Third, the media should be free to report without undue interference or manipulation. Fourth, the government should respect the independence of the judiciary and media and ensure that they are not subject to undue interference or manipulation.
By taking these steps, we can promote good governance and accountability in Nigeria and ensure that the judiciary and media play their crucial roles in deepening democracy.
*THE ROLE OF THE MEDIA*
The media plays a crucial role in promoting transparency and accountability in government. By exposing corruption and abuse of power, the media can help to prevent the misuse of public funds and promote good governance.
However, the media's ability to perform its functions effectively is hindered by several factors, including government interference, safety concerns, and fake news. The government must respect the independence of the media and ensure that it is not subject to undue interference or manipulation.
*CONCLUSION*
In conclusion, the Nigerian judiciary faces significant challenges that are undermining its effectiveness and independence. To address these challenges, the judiciary must assert its independence, improve its efficiency and effectiveness, and address corruption and misconduct.
The media must also continue to play its role in promoting transparency and accountability in government. By working together, we can promote good governance and accountability in Nigeria and ensure that the judiciary and media play their crucial roles in deepening democracy.
RECOMMENDATIONS*
Based on the above analysis, several recommendations can be made. First, the judiciary should assert its independence and ensure that it is not subject to the whims and caprices of the other arms of government, but rather, should be guided by the Constitution and the law. Second, the appointment process for judicial officers should be based on merit, rather than influence peddling or other forms of manipulation. Third, the judiciary should be well-funded and equipped to handle the complex cases that come before it. Fourth, the media should be free to report without undue interference or manipulation, and should be protected from harassment and intimidation. By taking these steps, we can promote good governance and accountability in Nigeria and ensure that the judiciary and media play their crucial roles in deepening democracy.
