THE STRENGTH OF THE JUDICIARY: PEOPLE’S CONFIDENCE, GLORY FORETOLD OR DISASTER WAITING TO HAPPEN?

KEYNOTE ADDRESS BY DR. MONDAY O. UBANI, SAN NBA ABA BRANCH LAW WEEK, JUNE 2025

1. INTRODUCTION

Distinguished colleagues, members of the Bench and Bar, ladies and gentlemen, I bring you warm greetings and express profound gratitude to the Nigerian Bar Association, Aba Branch, for inviting me as the Keynote Speaker at this prestigious Law Week. The chosen theme, “The Strength of the Judiciary: People’s Confidence, Glory Foretold or Disaster Waiting to Happen?” is deeply thought-provoking and timely.

The judiciary, under Section 6 of the 1999 Constitution (as amended), is the arm of government vested with judicial powers of the federation and the states. These powers include interpretation of laws, adjudication of disputes, and the protection of rights. But the true strength of the judiciary cannot be measured solely by the existence of laws. It is equally measured by institutional independence, administrative integrity, and most critically, public confidence.

2. THE JUDICIARY: GLORY FORETOLD

Historically, the Nigerian judiciary has had shining moments of judicial courage and independence that foretold its potential glory:

Fawehinmi v. Abacha (2000) 6 NWLR (Pt. 660) 228: The Supreme Court reaffirmed the right of individuals to challenge the excesses of military regimes, asserting the supremacy of the Constitution even under autocracy.

INEC v. Musa (2003) 3 NWLR (Pt. 806) 72: The apex court protected multi-party democracy by invalidating INEC’s unlawful attempt to restrict political party registration.

Attorney General of Lagos State v. Attorney General of the Federation (2003) 12 NWLR (Pt. 833) 1: A watershed decision on federalism that preserved the autonomy of states within Nigeria’s constitutional framework.

Odafe v. A.G. Federation (2004) AHRLR 205: The Court affirmed prisoners’ right to health, showcasing the judiciary’s power to advance socio-economic rights.

Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708: This case clarified the meaning of fundamental rights and their enforceability.

These cases symbolize the judiciary’s role in defending democracy, liberty, and federalism.

3. PEOPLE’S CONFIDENCE: A FADING REALITY?

Despite those glorious precedents, the confidence of the Nigerian people in the judiciary has waned. Under Section 36 of the Constitution, fair hearing is a guaranteed right. But in practice, does the common man receive prompt and impartial justice?

Challenges undermining public confidence:

Justice Delayed: Cases linger for years, frustrating litigants. According to the National Judicial Council’s 2023 report, over 70% of prison inmates are awaiting trial.

Perceived Political Bias: Judgments in electoral disputes are increasingly seen as outcomes of political manipulation rather than legal merit. There have been several political cases with prime controversial decisions that sparked nationwide disbelief.

Selective Enforcement of Laws: While the high and mighty access justice swiftly, the poor are left to languish.

“A judiciary without the confidence of the people is like a fortress built on sand.”

4. INSTITUTIONAL WEAKNESSES AND SYSTEMIC CHALLENGES

Judicial Funding: Despite Section 121(3) of the Constitution, which mandates direct funding to the judiciary, states continue to undermine this provision. The JUSUN v. AG Federation & Ors (2021) struggle exposed how executive control stifles judicial autonomy.

Judicial Appointments: The process under Paragraph 21 of the Third Schedule to the Constitution vests powers in the NJC. However, undue political influence, ethnic favouritism, and lobbying weaken merit-based selection.

Discipline and Accountability: Though the NJC has sanctioned erring judges, the process lacks transparency and is shielded from public scrutiny. Accountability is vital to maintaining respect for the bench.

Inadequate Infrastructure and Personnel: Many courts operate in dilapidated buildings without electricity, recording systems, or modern case management tools.

5. EXTERNAL PRESSURES AND POLITICAL INTERFERENCE

Suspension of CJN Walter Onnoghen (2019): The unprecedented removal of the Chief Justice by the executive without NJC recommendation shocked the legal community. It represented executive interference and raised fears of judicial subjugation.

Forum Shopping and Ex Parte Orders: Conflicting injunctions by courts of coordinate jurisdiction (e.g., Port Harcourt, Abuja, and Kebbi divisions) damage the judiciary’s coherence and credibility.

Security Agencies Storming Courtrooms: The invasion of Justice Ijeoma Ojukwu’s courtroom during Sowore’s case in 2019 and the attempted arrest of judges in 2016 are illustrations of institutional disrespect.

6. THE JUDICIARY IN A DEMOCRATIC ECOSYSTEM

The judiciary cannot exist in a vacuum. It thrives on synergy with the executive and legislature. For democracy to flourish:

There must be checks and balances, not domination.

Courts must be independent yet accountable.

The administrative arm of the judiciary must be separated from the adjudicatory arm to prevent judicial overload.

Relevant Provisions:

Section 153 (NJC)

Section 292 (removal of judicial officers)

Section 287 (obedience to court orders)

7. ROADMAP FOR REBUILDING PUBLIC CONFIDENCE

Judicial Reforms:

Establishment of fast-track courts.

Adoption of Alternative Dispute Resolution (ADR) mechanisms.

Case management systems to reduce delays.

Full digitization of court processes (e-filing, virtual hearings).

Appointment and Training:

Merit-based judicial appointments devoid of political considerations.

Continuous judicial education on ethics, cyber law, environmental law, and AI in law.

Financial Autonomy:

Full compliance with Executive Order 10 (2019) on financial independence.

Public Engagement:

Courts must embrace transparency. Publishing judgments promptly and live-streaming of significant cases can demystify the judicial process.

Legal Profession Reforms:

NBA and LPDC must address the issue of frivolous lawsuits and unethical practices.

8. NOVEL JURISPRUDENCE: LIGHT IN THE DARKNESS

The Nigerian Supreme Court continues to develop significant doctrines:

Bamaiyi v. State (2001) 8 NWLR (Pt. 715) 270: Clarified the limits of executive detention.

Eze v. Governor of Abia State (2010) 15 NWLR (Pt. 1216) 324: Protected the autonomy of local governments. The recent Supreme Court decision on financial Autonomy of local governments presents a glimpse of glory foretold.

F.R.N. v. Ibori (2009): Though controversial, it underscored international cooperation in anti-corruption prosecutions.

9. THE PEOPLE AS STAKEHOLDERS

Public confidence is not a one-way street. Citizens must:

Respect court decisions.

Resist mob justice.

Demand transparency without undermining judges through unverified social media attacks.

The media must report court decisions responsibly, avoiding sensationalism.

Civil society must advocate for reform while preserving the dignity of the Bench.

10. CONCLUSION: GLORY OR DISASTER?

The Nigerian Judiciary stands today at a critical junction. It can either:

Fall into further decay, eroded by external pressure, internal weaknesses, and public distrust.

Or

Rise to its foretold glory, as a bastion of liberty, democracy, and justice.

To do the latter, institutional integrity must be restored, and public confidence rebuilt. Judicial independence must be enforced, not bargained. Transparency must replace opacity. And the Bench must wear its robes with honour, not hubris.

“When the judiciary speaks, the nation must hear justice – not whispers of compromise.”

Thank you all, and may the Nigerian judiciary live up to its noble destiny.

Dr. Monday O. Ubani, SAN
Legal Practitioner Keynote Speaker

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