The Nigerian justice system, a foundational pillar meant to uphold fairness, equity, and accountability, has been marred by systemic corruption, abuse of power, and a troubling nexus between political actors and members of the legal profession. At the heart of this distortion lies a deep infiltration by individuals wielding influence to manipulate legal outcomes for personal and political gain. The judiciary, envisioned as a safeguard against tyranny, has increasingly become a marketplace where justice is bought and sold, with Senior Advocates of Nigeria (SANs) acting as powerful intermediaries in this disheartening trade.
Prominent figures within the legal community, including some revered SANs, have been accused of orchestrating judicial subversion. These senior legal practitioners, who should embody the highest standards of integrity, often exploit their status to manipulate court outcomes, stymie justice, and shield powerful individuals from accountability. The abuse of their privileges perpetuates a culture of impunity, undermining the democratic ethos of the rule of law. In many instances, SANs have been implicated in crafting legal gymnastics that enable the political elite to escape scrutiny or overturn verdicts, leaving the masses disillusioned and the system in disarray.
Afe Babalola, a towering figure in Nigeria’s legal landscape, has not escaped criticism in this regard. While his contributions to legal education and jurisprudence are notable, voices like that of Dele Farotimi have raised critical questions about the role of prominent lawyers like Babalola in perpetuating the inequalities and injustices within the system. Farotimi’s writings, particularly his book dissecting the intersection of criminal justice and the political class, provide a searing indictment of the legal establishment. His critique underscores the complicity of influential lawyers in enabling corrupt practices, shielding the politically connected, and eroding public trust in the judiciary.
Farotimi’s book stands as a critical manifesto on the Nigerian judiciary’s failures. He paints a vivid picture of a system designed not to deliver justice but to serve the interests of an oligarchy. The book delves into the intricate mechanisms through which the judiciary, hand-in-glove with SANs and political actors, perpetuates a cycle of exploitation. Farotimi calls attention to the economic dimension of legal malpractice, where cases are deliberately prolonged, judgments are delayed, and court orders are ignored or selectively enforced—all to serve the highest bidder.
The judiciary, Farotimi asserts, is no longer an impartial arbiter but a pawn in the hands of the powerful. This scathing analysis extends to the police and other security agencies, which are often weaponized against activists, journalists, and dissenting voices. Instead of upholding the law, these institutions have become tools for silencing criticism and perpetuating the status quo.
Corruption within the judiciary does not exist in isolation; it thrives within a larger ecosystem of political patronage and societal apathy. The political class, armed with resources and connections, wields the judiciary as a sword against adversaries and a shield against accountability. From electoral disputes to high-profile criminal cases, outcomes are often predetermined by influence rather than evidence.
The Nigerian Bar Association (NBA), which should act as a watchdog over the conduct of its members, has often failed to rise to the occasion. Cases of unethical practices by SANs and other lawyers are swept under the rug, further emboldening perpetrators. This failure of regulatory oversight exacerbates the erosion of trust in the justice system.
Dele Farotimi’s recent detention by the Nigerian police serves as a glaring example of the system’s dysfunction. His arrest, widely viewed as politically motivated, highlights the dangerous trend of using state institutions to suppress dissent. Farotimi’s advocacy for judicial reform and his bold criticism of the political elite have made him a target for those intent on maintaining the status quo.
It is imperative that the Nigerian police release Farotimi immediately and unconditionally. His detention not only violates his fundamental human rights but also sends a chilling message to other activists and reformists. The rule of law must prevail, and the police must act within the bounds of their constitutional mandate, ensuring that their actions are guided by justice and fairness, not political expediency.
The Nigerian justice system stands at a crossroads. To reclaim its legitimacy, it must undergo profound reforms. The judiciary must purge itself of corrupt elements and reestablish its role as an impartial arbiter of justice. Senior Advocates of Nigeria must be held to higher standards, and regulatory bodies must enforce accountability without fear or favor.
The police, too, must shed their reputation as enforcers of oppression and embrace their role as protectors of citizens’ rights. Dele Farotimi’s detention is a stark reminder of the urgent need for institutional reform across all facets of Nigeria’s justice system.
Ultimately, Nigeria’s progress as a democratic nation hinges on the integrity of its judiciary. The current trajectory, characterized by corruption, impunity, and abuse of power, threatens to erode the very foundation of the nation’s democracy. It is only through collective action, rooted in the principles of justice and equity, that Nigeria can chart a path toward a fairer, more inclusive society. Let the rule of law, not the rule of the powerful, prevail. Let Dele Farotimi be free, and let justice reign.
By: Jide Adesina
For 1st Afrika
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